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
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
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
Section 2. That § 22-22-7.1 be amended to read as follows:
22-22-7.1. As used in this chapter, the term,
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