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State of South Dakota
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SEVENTY-FOURTH
SESSION
LEGISLATIVE ASSEMBLY, 1999 |
| 880C0473 |
HOUSE JUDICIARY COMMITTEE
ENGROSSED
NO.
SB128
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2/22/99
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| Introduced by: Senators Vitter, Albers, Ham, and Madden and Representatives Hennies, Duniphan, Jaspers, and Lintz |
FOR AN ACT ENTITLED, An Act to
criminalize the possession of certain contraband in
juvenile correctional facilities and the delivery of certain contraband to juvenile correctional
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any juvenile in or on the grounds of a juvenile correctional facility. No prescription or nonprescription drugs may be possessed by any juvenile in or on the grounds of a juvenile correctional facility except by order of a physician. Such order shall be in writing and for a definite period.
Section 2. No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any juvenile in or on the grounds of any juvenile correctional facility, or deposit or conceal in or on the grounds of a juvenile correctional facility, or in any mode of transport entering the grounds of a juvenile correctional facility and its ancillary facilities used to house juveniles, any article or thing contrary to § 24-11-47 with intent that any juvenile obtain or receive the same. A violation of this section is a Class 6 felony.
Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. No alcoholic beverages, controlled substances as defined by chapter 34-20B, hallucinogens, marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any juvenile in or on the grounds of a juvenile correctional facility. No prescription or nonprescription drugs may be possessed by any juvenile in or on the grounds of a juvenile correctional facility except by order of a physician. Such order shall be in writing and for a definite period.
Section 2. No employee or other person may deliver or procure to be delivered, or have in such person's possession with intent to deliver, to any juvenile in or on the grounds of any juvenile correctional facility, or deposit or conceal in or on the grounds of a juvenile correctional facility, or in any mode of transport entering the grounds of a juvenile correctional facility and its ancillary facilities used to house juveniles, any article or thing contrary to § 24-11-47 with intent that any juvenile obtain or receive the same. A violation of this section is a Class 6 felony.
Section 3. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:
A juvenile correctional facility pursuant to this Act is a juvenile detention facility as defined
in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections
under
§
1-15-1.4.
BILL HISTORY
1/25/99 First read in Senate and referred to Judiciary. S.J. 179
1/27/99 Scheduled for Committee hearing on this date.
1/27/99 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 209
1/29/99 Senate Do Pass Amended, Passed, AYES 33, NAYS 0. S.J. 264
2/1/99 First read in House and referred to committee assignment waived. H.J. 300
2/2/99 Referred to Judiciary. H.J. 332
2/17/99 Scheduled for Committee hearing on this date.
2/17/99 Judiciary Deferred to another day.
2/19/99 Scheduled for Committee hearing on this date.
2/19/99 Judiciary Do Pass Amended, Passed, AYES 13, NAYS 0. H.J. 633
BILL HISTORY
1/25/99 First read in Senate and referred to Judiciary. S.J. 179
1/27/99 Scheduled for Committee hearing on this date.
1/27/99 Judiciary Do Pass Amended, Passed, AYES 6, NAYS 0. S.J. 209
1/29/99 Senate Do Pass Amended, Passed, AYES 33, NAYS 0. S.J. 264
2/1/99 First read in House and referred to committee assignment waived. H.J. 300
2/2/99 Referred to Judiciary. H.J. 332
2/17/99 Scheduled for Committee hearing on this date.
2/17/99 Judiciary Deferred to another day.
2/19/99 Scheduled for Committee hearing on this date.
2/19/99 Judiciary Do Pass Amended, Passed, AYES 13, NAYS 0. H.J. 633
