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South DakotaHB 1183101st South Dakota Legislature (2026)House

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

Sponsored By: Healy, Erin (Democratic), Reed, Tim S. (Republican)

Signed by Governor

Controlled SubstancesEmergency Medical ServicesLaw EnforcementPublic Health and Safety

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

More legal protection for overdose victims

South Dakota law expands legal protection for people who experience a drug overdose and need medical help. It bars arrest, charges, and prosecution for covered drug possession or use offenses, including misdemeanors and felonies. You or someone else must contact law enforcement or emergency medical services to request help because of the overdose. Protection applies only when evidence comes from the overdose and the need for medical help. Evidence obtained from other sources is not covered.

Sponsors & Cosponsors

Sponsors

  • Healy, Erin

    Democratic • House

  • Reed, Tim S.

    Republican • Senate

Cosponsors

  • Davis, Sydney

    Republican • Senate

  • Emery, Eric

    Democratic • House

  • Muckey, Erik

    Democratic • House

  • Roby, Matt

    Republican • House

  • Uhre-Balk, Nicole

    Democratic • House

  • Wittman, Kadyn

    Democratic • House

  • Zikmund, Larry P.

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 116 • No: 2

Senate vote • 3/5/2026

Do Pass

Yes: 34 • No: 0

Senate vote • 3/3/2026

Do Pass

Yes: 7 • No: 0

House vote • 2/11/2026

Do Pass

Yes: 64 • No: 1

House vote • 2/9/2026

Do Pass

Yes: 11 • No: 1

Actions Timeline

  1. Signed by the Governor

    3/30/2026House

  2. Delivered to the Governor

    3/11/2026House

  3. Signed by the President

    3/10/2026Senate

  4. Signed by the Speaker

    3/9/2026House

  5. Senate Do Pass, Passed, YEAS 34, NAYS 0

    3/5/2026Senate

  6. Certified uncontested, placed on consent

    3/3/2026Senate

  7. Senate Judiciary Do Pass, Passed, YEAS 7, NAYS 0

    3/3/2026Senate

  8. Scheduled for hearing

    3/3/2026Senate

  9. First read in Senate and referred to Senate Judiciary

    2/12/2026Senate

  10. House of Representatives Do Pass, Passed, YEAS 64, NAYS 1

    2/11/2026House

  11. House of Representatives Deferred to another day, Passed

    2/10/2026House

  12. House Judiciary Do Pass, Passed, YEAS 11, NAYS 1

    2/9/2026House

  13. Scheduled for hearing

    2/9/2026House

  14. First read in House and referred to House Judiciary

    1/29/2026House

Bill Text

  • Introduced

    1/28/2026

    PDF

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