South Dakota's drug overdose immunity law now protects people from prosecution for drug possession charges only when evidence of the drug was discovered because of the overdose itself and the medical emergency response. Previously, the law may have provided broader protections; this revision clarifies that immunity applies specifically to misdemeanor and felony possession charges if the person or someone else called for emergency help during the overdose. This encourages people to seek medical assistance without fear of arrest for the drugs directly involved in the overdose.
This bill does not directly amend codified state law.
The amendment clarifies the language of the drug overdose immunity provision by changing "reports that he or she is in need of" to simply "requests medical assistance" and specifying that immunity applies when evidence "was obtained as a result of the drug-related overdose and the need for medical assistance," which slightly NARROWS the scope by making the causal connection between the overdose and evidence collection more explicit.
Signed by the Governor H.J. 578
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Passed, YEAS 34, NAYS 0. S.J. 481
Judiciary Certified uncontested, placed on consent S.J. 33
Judiciary Do Pass Passed, YEAS 7, NAYS 0. S.J. 33
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 260
House of Representatives Do Pass Passed, YEAS 64, NAYS 1. H.J. 297
House of Representatives Deferred to another day H.J. 285
Judiciary Do Pass Passed, YEAS 11, NAYS 1. H.J. 18
Judiciary Scheduled for hearing H.J. 1
First read in House and referred to House Judiciary H.J. 178
Prime sponsor · Rep.
D
Prime sponsor · Sen.
R
Judiciary — Do Pass
Do Pass
Judiciary — Do Pass