HB1025 • 2026

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.

Active

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Sponsor: Emery
Last action: 2026-01-20
Official status: Withdrawn at the Request of the Prime Sponsor
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.

What This Bill Does

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.
Official keyword topics: Crimes Municipal Government Trespass Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4834/Detail">Wittman</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-01-20 House of Representatives
Withdrawn at the Request of the Prime Sponsor
2026-01-13 House of Representatives
First read in House and referred to House Judiciary

Official Summary Text

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.
Official keyword topics:
Crimes
Municipal Government
Trespass
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4834/Detail">Wittman</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4781/Detail">Larson</a> and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>

Current Bill Text

Read the full stored bill text

26.247.9 101st Legislative Session 1025

2026 South Dakota Legislature
House Bill 1025

Introduced by: Representative Emery

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to authorize the issuance of no -trespass orders by private security officers, 1
require the establishment of buffer zones per written no-trespass orders, and 2
afford municipalities greater authority to regulate trespass. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That § 22-35-6 be AMENDED: 5
22-35-6. Any person individual who, knowing that he or she the individual is not 6
privileged to do so, enters or remains in any place premises where notice against trespass 7
is given, is guilty of a Class 2 misdemeanor. 8
Notice may be given by: 9
(1) Actual communication to the person individual who subsequently commits the 10
trespass; 11
(2) Posting in a manner reasonably likely to come to the attention of trespassers; or 12
(3) Fencing or other enclosure which that a reasonable person would recognize as 13
being designed to exclude trespassers; 14
is guilty of a Class 2 misdemeanor. 15
However, if such trespasserIf the individual defies an order to leave and not return, 16
personally communicated to him or her the individual by the owner or lessee of the 17
premises or in writing by any other authorized person as provided in section 2 of this Act, 18
the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. 19
Only a law enforcement officer as defined in § 23-3-27 or 23-3-27.1, or 18 U.S.C. 20
§ 1515 (September 13, 1994), may arrest an individual for a violation of this section. 21
Section 2. That a NEW SECTION be added to chapter 22-35: 22
A written order excluding an individual from a premises pursuant to § 22-35-6 23
must include a directive that the individual remain fifty feet or more from the property 24
26.247.9 2 1025
Underscores indicate new language.
Overstrikes indicate deleted language.
boundary, unless the individual is transiting a public right -of-way. The written order may 1
be issued by: 2
(1) A law enforcement officer as defined in § 23-3-27 or 23-3-27.1, or 18 U.S.C. 3
§ 1515 (September 13, 1994); or 4
(2) A uniformed private security officer acting in conformance with any applicable 5
standards promulgated by the governing body of the political subdivision with 6
jurisdiction over the premises. 7
The employer of the law enforcement officer or uniformed private security officer 8
shall maintain a copy of the written order for at least one year after the date of its 9
issuance. 10
Section 3. That a NEW SECTION be added to chapter 22-35: 11
A municipality may enact and enforce ordinances regarding trespass that impose 12
stricter standards, excepting penalties, than those set forth in this chapter. A municipal 13
trespass ordinance is deemed supplemental to, not inconsistent with, this chapter. 14