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SB 30 provide that Department of Corrections employees are excluded fr...
State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

400X0328   SENATE BILL   NO.  30  

Introduced by:    The Committee on Judiciary at the request of the Department of Corrections
 

        FOR AN ACT ENTITLED, An Act to provide that Department of Corrections employees are excluded from concealed weapons permit requirements when on duty and acting under the color of authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-14-9 be amended to read:
    22-14-9. Any person, other than a law enforcement officer or parole agent as defined in § 22-1-2 acting under color of authority, who:
            (1)    Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or
            (2)    Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7;
is guilty of a Class 1 misdemeanor.
    Section 2. That § 23-7-8.1 be amended to read:
    23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed pistol and the form of the enhanced permit to carry a concealed pistol pursuant to § 23-7-8. Each

permit shall list the applicant's name, address, and the expiration date of the permit. The enhanced permit to carry a concealed pistol must clearly designate that the permit is enhanced. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, Department of Corrections employees, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.