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.