93^rd Legislative Session _ 2018

Committee: 63 A 3/9/2018 10:15:00 AM

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Lust
P    Johns
P    Kennedy
P    Youngberg
P    Russell

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Russell, Chair.

    SB 63: revise certain prohibitions regarding methamphetamines and to create a mandatory penalty for a violation thereof.

Others:    Marty Jackley, Attorney General
        Senator Rusch
        Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
        

MOTION:    AMEND SB 63

63dc

    On page 2 of the House Judiciary Committee engrossed bill, delete lines 23 and 24.

    On page 3, delete lines 1 to 22, inclusive.

Moved by:    Kennedy
Second by:    Bartling

---

Action:    Failed by roll call vote. (2-4-0-0)

Voting Yes:    Bartling, Kennedy

Voting No:    Lust, Johns, Youngberg, Russell

MOTION:    AMEND SB 63

63we

    On page 2 of the House Judiciary Committee engrossed bill, delete lines 23 and 24, and insert:

"    Section 2. That the code be amended by adding a NEW SECTION to read:

    For any offense under section 1 of this Act or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:

            (1)    The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);

            (2)    The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;

            (3)    The defendant did not induce another participant to use violence or any credible threat 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 any other participant in connection with the offense;

            (5)    The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and

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

    Delete page 3.

Moved by:    Lust
Second by:    Youngberg
Action:    Prevailed by roll call vote. (5-1-0-0)

Voting Yes:    Bartling, Lust, Johns, Youngberg, Russell

---

Voting No:    Kennedy

MOTION:    AMEND TITLE OF SB 63

63jta

    On page 1, line 2, of the House Judiciary Committee engrossed bill, after "thereof" insert "and revise certain sentencing criteria for methamphetamine and opioids".

Moved by:    Youngberg
Second by:    Bartling
Action:    Prevailed by voice vote.

MOTION:    ADOPT THE CONFERENCE COMMITTEE REPORT ON SB 63

Moved by:    Youngberg
Second by:    Bartling
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Bartling, Lust, Johns, Kennedy, Youngberg, Russell

MOTION:    ADJOURN

Moved by:    Johns
Second by:    Youngberg
Action:    Prevailed by voice vote.

Mona Oehlerking

Committee Secretary

---

../63A.cc