South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 34-20A-110
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.
Source: SL 2017, ch 154, § 2.