FOR AN ACT ENTITLED, An Act  to revise the applicability of the physician/patient privilege to criminal actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 19-2-3 be amended to read as follows:
     19-2-3.   In any action or proceeding or quasi-judicial administrative proceeding, whenever the physical or mental health of any person is in issue, any privilege under §   19-13-7 shall conclusively be deemed to be waived at trial or for the purpose of discovery under chapter 15-6 if such action or proceeding is civil in nature ; and such privilege shall also conclusively be deemed to be waived at trial or for any purpose provided by chapter 23A-12 or 23A-13 if such action or proceeding is criminal in nature .
     Section  2.  That chapter 19-2 be amended by adding thereto a NEW SECTION to read as follows:

     In any action or proceeding of a criminal nature, any privilege under §  19-13-7 shall conclusively be deemed to be waived at trial, grand jury proceeding, or preliminary hearing, or for the purpose of discovery under Title 23A.

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750 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.015 per page.   .   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.       

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