PIERRE, S.D. - Attorney General Marty Jackley announced today that SB 63, a bill to strengthen the sentences for Distribution and Manufacture of Methamphetamine in South Dakota has passed both houses of the Legislature.
“America is living a meth and opioid epidemic and it is directly affecting South Dakota and hurting our families and communities. I want thank both the Governor and our legislators for joining our law enforcement in keeping South Dakota communities safe,” said Jackley.
Senate Bill 63
• Increases the penalty for the distribution and manufacturing of 5 grams or more of methamphetamine that includes to minors.
• Provides for a mandatory state penitentiary sentence for the distribution and manufacture of methamphetamine or distribution of opioids. 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.