The bill amends South Dakota law to establish that individuals detained by a merchant or their employee for suspected underage alcohol-related offenses must provide identification. Specifically, if a merchant has reasonable grounds to believe that a person under the age of twenty-one has illegally purchased or attempted to purchase alcoholic beverages, they are permitted to detain that person for a reasonable time to request and verify identification, inquire about potential violations, and inform law enforcement.
The new legal language inserted into the law specifies that a person detained under these circumstances cannot refuse to verify their identification to the merchant, their employee, or law enforcement officers. Additionally, the bill establishes that failing to comply with this requirement is classified as a Class 2 misdemeanor, thereby introducing a penalty for non-compliance.
Statutes affected: Introduced, 01/28/2026: 35-9-2.1