21.506.15 96th Legislative Session 400

2021 South Dakota Legislature

House Bill 1140

ENROLLED

An Act

ENTITLED An Act to restrict the entry of conservation officers onto certain private land without permission.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

41-2-48. Conservation officers--Entering private land--Prohibition--Exceptions.

No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter any private land without permission:

(1) If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed on the private land;

(2) To dispatch crippled or distressed wildlife the conservation officer has personally and lawfully observed on the private land; or

(3) To respond to emergency situations, accidents, or other threats to public safety occurring on the private land.

Section 2. That a NEW SECTION be added:

41-2-49. Conservation officers--Entering private land--Liability.

Nothing contained in this Act creates criminal or civil liability for a conservation officer.

An Act to restrict the entry of conservation officers onto certain private land without permission.

I certify that the attached Act originated in the:

House as Bill No. 1140

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1140

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State