CC63a
REPORT OF CONFERENCE COMMITTEE
MR. PRESIDENT:
MR. SPEAKER:
The Conference Committee respectfully reports that it has considered SB 63 and the amendments
thereto made by the House, and the disagreement of the two houses thereon, and recommends that
SB 63 be amended as follows:
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.
On page 1, line 2, of the House Judiciary Committee engrossed bill, after "thereof" insert "and
revise certain sentencing criteria for methamphetamine and opioids".
Respectfully submitted, Respectfully submitted,
____________________________ ____________________________
Timothy R. Johns Lance Russell
House Committee Chair Senate Committee Chair