FOR IMMEDIATE RELEASE:  Wednesday, February 28, 2018

CONTACT:  Sara Rabern (605) 773-3215 

PIERRE, S.D. - Attorney General Marty Jackley confirms the Attorney General sponsored bill that strengthen Distribution and Manufacture of Methamphetamine sentences in South Dakota has passed out of the House Judiciary Committee this morning. 

“America is living a methamphetamine epidemic and it is directly affecting South Dakota and hurting our families and communities.  The House Judiciary Committee has taken an important step in keeping drug dealers out of our state,” said Jackley.

Senate Bill 63

• Increases the penalty for the distribution and manufacturing of 5 grams or more of methamphetamine.

• Provides for a mandatory state penitentiary sentence for the distribution and manufacture of methamphetamine. Current law provides for mandatory sentences that are not consistently applied. 

• A court would have discretion to go below the mandatory sentence if the court makes written findings that a defendant meets the following criteria that are designed to protect communities and to assist law enforcement in stopping drug distribution: 

(1) the defendant does not have a prior violent felony

(2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon 

(3) the defendant did not induce another participant to use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense;

(4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense; and 

(5) the defendant has truthfully provided to the State all information and evidence the defendant has concerning illegal drugs;

(6) the offense did not result in death or serious bodily injury to any person.

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