Bill > HB1153

This bill adds a new provision to South Dakota law that authorizes law enforcement officers to temporarily detain individuals when there is reasonable suspicion of criminal activity. Specifically, an officer can stop a person in a public place if they suspect a crime is being committed, has been committed, or is about to be committed. During this detention, the officer can request the individual's name, address, and date of birth, and the individual is legally required to provide their name. The detention is strictly limited to a maximum of 60 minutes and must occur in the same location or immediate vicinity where the person was initially stopped, unless an arrest is made. If an individual knowingly refuses to provide their name when asked, they can be charged with a Class 2 misdemeanor, which typically carries potential penalties of up to 30 days in jail and/or a fine. The bill defines law enforcement officer according to an existing statute (§ 23-3-27) and aims to provide clear guidelines for temporary investigative detentions while protecting both law enforcement's ability to investigate potential crimes and individuals' rights.

Justice

https://sdlegislature.gov/#/Session/Bill/25896