CHAPTER 130

(HB 1184)

County board of mental illness members, immune from civil liability.

         ENTITLED, An Act  provide immunity to members of county boards of mental illness and county review boards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 27A-7 be amended by adding thereto a NEW SECTION to read as follows:

     Any person serving as a member of a county board of mental illness, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.

     Section  2.  That chapter 27B-7 be amended by adding thereto a NEW SECTION to read as follows:

     Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.

     Signed February 28, 2000.

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