The amendment clarifies the language for when someone qualifies for overdose immunity by changing "reports that he or she is in need of" and "as the result" to simply "requests medical assistance because of," making the trigger for immunity more straightforward and objective. This NARROWS the bill slightly by removing ambiguity about what constitutes sufficient reporting while keeping the core immunity protection intact.
26.587.11 26.587.12 101st Legislative Session 1183 2026 South Dakota Legislature House Bill 1183 Introduced by: Representative Healy Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise qualifications for immunity from prosecution following a drug-1 related drug-related overdose. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 34-20A-111 be AMENDED: 4 34-20A-111. A person who experiences a drug-related overdose and is in need of 5 medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or 6 felony offense of possession, inhalation, ingestion, or otherwise taking into the body any 7 controlled drug or substance if that person or another person contacts law enforcement 8 or emergency medical services and reports that he or she is in need of requests medical 9 assistance as the result because of a drug-related overdose. A person qualifies for the 10 immunities provided in this section only if the evidence for the charge or prosecution was 11 obtained as a result of the drug-related overdose and the need for medical assistance. 12 26.587.12 2 1183 HB1183 ENROLLED An Act to revise qualifications for immunity from prosecution following a drug-related overdose. I certify that the attached Act originated in the: House as Bill No. 1183 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1183 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State