ENTITLED An Act to revise qualifications for immunity from prosecution following a drug-related overdose.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-20A-111 be AMENDED:

34-20A-111. A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, 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 or another person contacts law enforcement or emergency medical services and requests medical assistance because of a drug-related overdose. A person qualifies for the immunities provided in this section only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.

An Act to revise qualifications for immunity from prosecution following a drug-related overdose.