SDLRC - 2020 House Bill 1195 - SD Legislature provide for the dismissal of charges against pregnant women for certain controlled substance offenses under certain circumstances.

ENTITLED An Act to provide for the dismissal of charges against pregnant women for certain controlled substance offenses under certain circumstances.

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

Section 1. That a NEW SECTION be added:

22-42-23. Controlled Substance--Pregnant--Assault.

If a woman who was pregnant at the time of an alleged violation of    22-42-5 or 22-42-5.1 provides evidence that she:

(1) Received adequate prenatal care from a licensed health care professional during her pregnancy;

(2) Actively enrolled in an addiction recovery program before the child was born;

(3) Remained in the program after delivery; and

(4) Completed the addiction recovery program,

the state shall dismiss the charge.

An Act to provide for the dismissal of charges against pregnant women for certain controlled substance offenses under certain circumstances.

I certify that the attached Act originated in the: House as Bill No. 1195 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1195 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2020 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2020 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2020 at _________ o'clock __M. Secretary of State By Asst. Secretary of State