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1 | 1 | 25.542.10 100th Legislative Session 1153 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | 2025 South Dakota Legislature | |
5 | 5 | House Bill 1153 | |
6 | 6 | ||
7 | 7 | ||
8 | 8 | ||
9 | 9 | ||
10 | 10 | ||
11 | 11 | ||
12 | 12 | Introduced by: Representative Kull | |
13 | 13 | ||
14 | 14 | Underscores indicate new language. | |
15 | 15 | Overstrikes indicate deleted language. | |
16 | 16 | An Act to authorize a law enforcement officer to temporarily detain an individual 1 | |
17 | 17 | who is reasonably suspected of committing a crime and to provide a penalty 2 | |
18 | 18 | therefor. 3 | |
19 | 19 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 | |
20 | 20 | Section 1. That a NEW SECTION be added to chapter 23A-35: 5 | |
21 | 21 | A law enforcement officer, as defined in ยง 23-3-27, may stop any individual in a 6 | |
22 | 22 | public place when the officer reasonably suspects the individual is committing, has 7 | |
23 | 23 | committed, or is about to commit a crime. The officer may demand the individual's name 8 | |
24 | 24 | and may also request the individual's address and date of birth. 9 | |
25 | 25 | An officer may not detain an individual pursuant to this section for longer than is 10 | |
26 | 26 | reasonably necessary to affect the purposes of this section, and in no event longer than 11 | |
27 | 27 | sixty minutes. The detention may not extend beyond the place or immediate vicinity of 12 | |
28 | 28 | the place where the detention was first affected, unless the individual is arrested. 13 | |
29 | 29 | An individual who knowingly or intentionally refuses to provide the individual's 14 | |
30 | 30 | name as required by this section, is guilty of a Class 2 misdemeanor. 15 |