An Act to provide 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 is charged with a crime under violating § 22-42-5 or 22-42-5.1 while pregnant and she was pregnant when the violation occurred, it is an affirmative defense to the charge if the woman provides proof that she:

(1) received Received adequate prenatal care, actively from a licensed healthcare professional during her pregnancy;

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

(3) Remained in the program after delivery, and successfully; and

(4) Successfully completed the program, regardless of whether the child was born with a physical dependence on or was harmed by a controlled substance.