This bill amends existing trespass laws in South Dakota to authorize private security officers to issue no-trespass orders and establish buffer zones around properties. Specifically, it modifies Section 22-35-6 to clarify that individuals who knowingly trespass on premises where notice against trespass is given can be charged with a Class 2 misdemeanor. If an individual defies a communicated order to leave, they can be charged with criminal trespass, a Class 1 misdemeanor. The bill also stipulates that only law enforcement officers may arrest individuals for violations of this section.

Additionally, the bill introduces new provisions that require written no-trespass orders to include a directive for individuals to remain at least fifty feet from the property boundary, with exceptions for public right-of-way transit. These orders can be issued by law enforcement officers or uniformed private security officers, and their employers must maintain copies for at least one year. Furthermore, municipalities are granted the authority to enact stricter trespass ordinances, which will be considered supplemental to the state law.

Statutes affected:
Introduced, 01/01/2026: 22-35-6