Chapter 183

(House Bill 1140)

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.

Signed March 21, 2021