ENTITLED, An Act to revise certain provisions regarding alcohol or drug commitments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20A-72 be amended to read as follows:
34-20A-72. A petition filed under § 34-20A-70 shall be accompanied by a certificate of a
licensed physician or a certified chemical dependency counselor either of whom has examined the
person within two days before submission of the petition, unless the person whose commitment is
sought has refused to submit to a medical examination or counselor assessment in which case the
fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's or the
counselor's findings in support of the allegations of the petition. A physician or chemical dependency
counselor employed by the admitting facility is not eligible to provide certification.
Section 2. That § 34-20A-76 be amended to read as follows:
34-20A-76. If the person has refused to be examined by a licensed physician or a certified
chemical dependency counselor, the person shall be given an opportunity to be examined by a
court-appointed licensed physician or certified chemical dependency counselor. If the person refuses
and there is sufficient evidence to believe that the allegations of the petition are true, or if the court
believes that more evidence is necessary, the court may order a temporary commitment and
transportation by a law enforcement officer to an approved treatment facility for a period of not more
than five days for purposes of a diagnostic examination.
An Act to revise certain provisions regarding alcohol or drug commitments.
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I certify that the attached Act
originated in the
SENATE as Bill No. 14
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 14
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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