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SB 86 to revise the standard of proof concerning...

State of South Dakota  
SEVENTY-SECOND  SESSION
LEGISLATIVE ASSEMBLY,  1997
 

664A0173  
SENATE JUDICIARY COMMITTEE ENGROSSED   NO. SB86   -   1/29/97  

        Introduced by:  The Committee on Judiciary at the request of the Chief Justice  

         FOR AN ACT ENTITLED, An Act  to revise the standard of proof concerning whether certain acts of physicians are within the scope of their practice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 22-22-2 be amended to read as follows:
     22-22-2.   Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital and or anal openings of another person's body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.
     Section  2.  That § 22-22-7.1 be amended to read as follows:
     22-22-7.1.   As used in this chapter, the term, " sexual contact, " means any touching, not amounting to rape, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. Practitioners of the healing arts

lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.


BILL HISTORY
January 16 - First read in Senate and referred to Judiciary.   S.J.   46
January 27 - Scheduled for hearing.
January 27 - Passed as amended, AYES 7, NAYS 0.   S.J.   185