An Act to establish certain fetal harm as an assaultprovide an affirmative defense to pregnant women for certain controlled substance offenses.

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's child is either born with a physical dependence on a controlled substance or is harmed by a controlled substance and the dependence or harm is a result of the woman's illegal use of a controlled substance, as described in § 22-42-5.1, woman is charged with a crime under § 22-42-5 or 22-42-5.1 while pregnant, the woman is guilty of assault under § 22-18-1. It it is an affirmative defense to a charge under this section that a if the woman provides proof she received adequate prenatal care, actively enrolled in an addiction recovery program before the child is born, remained in the program after delivery, and successfully completed the program, regardless of whether the child was born with a physical dependence on or was harmed by a controlled substance.