South Dakota 2026 Regular Session Status: Enacted Bipartisan · 5 D · 4 R cosponsors

HB 1183 — revise qualifications for immunity from prosecution following a drug-related overdose.

Last action — Signed by the Governor on 2026-03-30 H.J. 578

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 30, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 D · 4 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

42 added · 15 removed

Plain-language change summary

The revised bill now specifies that someone who overdoses and seeks help cannot be arrested for drug-related offenses, provided that the evidence against them comes directly from the overdose situation. The term "reports that he or she is in need of" has been changed to "contacts law enforcement" to clarify the action required to qualify for immunity. This change emphasizes the importance of reaching out for help during an overdose, encouraging more people to seek medical assistance without fear of legal repercussions.

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26.587.11 101st Legislative Session 1183 South Dakota Legislature House Bill 1183 Introduced by:
26.587.12 101st Legislative Session 1183 South Dakota Legislature House Bill 1183 ENROLLED AN A CT ENTITLED An Act to revise qualifications for immunity from prosecution following a drug-related overdose.
Representative Healy An Act to revise qualifications for immunity from prosecution following a drug- related overdose.
BE IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :
A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person or another person contacts law enforcement or emergency medical services and reports that he or she is in need of requests medical assistance as the result because of a drug-related overdose.
A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person or another person contacts law enforcement or emergency medical services and requests medical assistance because of a drug-related overdose.
Overstrikes indicate deleted language.
26.587.12 2 1183 An Act to revise qualifications for immunity from prosecution following a drug-related overdose.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
House as Bill No.
1183 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:
Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:
at _________ o'clock __M.
Secretary of the Senate Secretary of State House Bill No.
1183 By File No.
____ Asst.
Secretary of State Chapter No.
______ HB1183 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-30 H.J. 578

  2. Delivered to the Governor on 2026-03-11 H.J. 556

  3. Signed by the President S.J. 512

  4. Signed by the Speaker H.J. 542

  5. Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 481

  6. Certified uncontested, placed on consent , Passed, S.J. 33

  7. Judiciary Do Pass , Passed, YEAS 7, NAYS 0 S.J. 33

  8. Scheduled for hearing S.J. 1

  9. First read in Senate and referred to Senate Judiciary S.J. 260

  10. House of Representatives Do Pass , Passed, YEAS 64, NAYS 1 H.J. 297

  11. House of Representatives Deferred to another day , Passed, H.J. 285

  12. Judiciary Do Pass , Passed, YEAS 11, NAYS 1 H.J. 18

  13. Scheduled for hearing H.J. 1

  14. First read in House and referred to House Judiciary H.J. 178

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 96 not signed on · 1 voted No

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass

Passed 64 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 57105
Democratic 5000
Unaffiliated 2000
Total 64105
% of votes cast 91%1%0%7%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Yea
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Yea
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Yea
Greg Jamison Republican Yea
Heather Baxter Republican Yea
Jana Hunt Republican Yea
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Yea
Jon Hansen Republican Yea
Josephine Garcia Republican Yea
Julie Auch Republican Yea
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Yea
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Yea
Logan Manhart Republican Yea
Marty Overweg Republican Yea
Mary Fitzgerald Republican Nay
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Yea
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Yea
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Yea
Tim Goodwin Republican Not Voting
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Not Voting
Tony Kayser Republican Yea
Tony Randolph Republican Yea
Travis Ismay Republican Yea
Trish Ladner Republican Yea
Will Mortenson Republican Not Voting
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 11 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 11101
Total 11101
% of votes cast 85%8%0%8%
How each member voted (13)
Member Party Vote
Bethany Soye Republican Not Voting
Curt Massie Republican Yea
David Kull Republican Yea
Jana Hunt Republican Yea
John Hughes Republican Yea
Mary Fitzgerald Republican Nay
Matt Roby Republican Yea
Mike Stevens Republican Yea
Peri Pourier Republican Yea
Rebecca Reimer Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Will Mortenson Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors HB 1183?
HB 1183 is sponsored by Larry Zikmund (Republican), Kadyn Wittman (Democratic), Nicole Uhre-Balk (Democratic), Matt Roby (Republican), Tim Reed (Republican), Erik Muckey (Democratic), Eric Emery (Democratic), Sydney Davis (Republican), and Erin Healy (Democratic).
What is the current status of HB 1183?
This bill has been enacted into law. Introduced January 29, 2026. Enacted.
Where can I track HB 1183?
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