An Act to provide an affirmative defense to 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 is charged with violating § 22-42-5 or 22-42-5.1 and she was pregnant when the violation occurred, it is an affirmative defense to the charge if the woman provides proof 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) Successfully completed the program,

the state shall dismiss the charge.