State of South Dakota
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NINETY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2017 |
714Y0001 | HOUSE ENGROSSED NO. HB 1100 - 2/8/2017 |
Introduced by: Representatives Johns, Bartling, Haugaard, Hawley, Heinemann, Holmes,
Hunhoff, Lust, Otten (Herman), Ring, Rounds, Smith, Steinhauer, and
Turbiville and Senators Solano, Cronin, Greenfield (Brock), Haverly, Maher,
Novstrup, Peters, Rusch, and White
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FOR AN ACT ENTITLED, An Act to allow law enforcement to initiate a mental illness hold
in domestic abuse situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Notwithstanding § 25-10-40, if the police officer or sheriff believes that the domestic abuse
perpetrator has a severe mental illness that makes the person an imminent danger to self or
others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transport
the person to an appropriate regional facility as described in that section and in accordance with
the provisions set forth in title 27A. This section is not a substitution for an arrest under the
provisions of chapter 25-10, and the person shall be released only to the custody of law
enforcement or a law enforcement agency if the mental illness hold is released.
100 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.161 per page. |
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Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by |