Overdose Good Samaritan immunity
In the 2026 session, Democrats plan legislation giving limited criminal immunity from drug charges to people who witness an overdose and seek help. The proposal sits amid ongoing concern about overdoses and how the criminal justice system treats bystanders who call for emergency aid.
Should South Dakota grant criminal immunity from drug charges to overdose witnesses who seek help?
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Sources
Healy — https://www.sdnewswatch.org/2026-legislature-property-taxes-data-centers-sd
Healy expects to file a bill to provide some criminal immunity from drug charges to anyone who witnesses someone else suffering an overdose.
Positions on this issue · liberal → conservative
- Full immunity plus expanded harm-reduction and treatment funding
- Yes—clear immunity from drug possession charges for those who call for help
- Limited immunity only in narrow circumstances with reporting requirements
- No new immunity; emphasize enforcement and existing emergency doctrines
- Reject immunity and increase penalties tied to overdose-related drug activity