(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
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.