S.D. Codified Laws § 22-42-23

Current with legislation signed by the governor on or before 3/6/2024

Section 22-42-23 - Controlled Substance-Pregnancy-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.

SDCL 22-42-23

SL 2020, ch 88, §1.

Added by S.L. 2020, ch. 88,s. 1, eff. 7/1/2020.