State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

943T0484   SENATE JUDICIARY ENGROSSED    NO.  SB 86 -  1/31/2012  

Introduced by:    Senators Tidemann, Brown, Frerichs, Haverly, Hunhoff (Jean), Peters, Putnam, Rhoden, and Vehle and Representatives Kirkeby, Brunner, Dennert, Gibson, Hansen (Jon), Moser, Munsterman, Perry, Turbiville, and Wink
 

        FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. No person may be arrested and prosecuted for any violation of § 35-9-2 if that person contacts any law enforcement or emergency medical services and reports that a person under twenty-one years of age is in need of medical assistance due to alcohol consumption. However, to acquire limited immunity from arrest and prosecution pursuant to this Act, a person must:
            (1)    Assist the person in need of emergency medical assistance until assistance arrives; and
            (2)    Remain and cooperate with the emergency medical assistance and law enforcement personnel on the scene.
    No more than one person is entitled to acquire limited immunity from arrest and prosecution

per incident of need. If more than one person renders assistance only the person rendering the most effective assistance is entitled to acquire limited immunity from arrest and prosecution.
    Section 2. No person, under the age of twenty-one years, may be prosecuted for any violation of § 35-9-2 if that person contacts any law enforcement or emergency medical services and reports that he or she is in need of medical assistance due to alcohol consumption. However, to acquire limited immunity from arrest and prosecution, the person must remain on the scene and cooperate with the emergency medical assistance and law enforcement personnel on the scene.