S.D. Codified Laws § 34-20A-110

Current through the 2024 Legislative Session

Section 34-20A-110 - Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose

No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in §§ 34-20A-109 to 34-20A-113, inclusive, only if:

(1) The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;

(2) The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and

(3) The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel.

SDCL 34-20A-110

SL 2017, ch 154, §2.

Added by S.L. 2017, ch. 154,s. 2, eff. 7/1/2017.