South Dakota 2025 Regular Session

South Dakota House Bill HB1088 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.534.9 100th Legislative Session 1088
2	2
3	3
4	4	2025 South Dakota Legislature
5	5	House Bill 1088
6	6
7	7
8	8
9	9
10	10
11	11
12	12	Introduced by: Representative Ismay
13	13
14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to enhance the penalty for causing death by distributing a Schedule I or II 1
17	17	substance. 2
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19	Section 1. That § 22-42-2 be AMENDED: 4
20	20	22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may 5
21	21	manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with 6
22	22	intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; 7
23	23	create or distribute a counterfeit substance listed in Schedules I or II; or possess with 8
24	24	intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this 9
25	25	section is a Class 4 felony. However, a 10
26	26	A violation of this section is a Class 3 felony if three or more of the following 11
27	27	aggravating circumstances apply: 12
28	28	(1) The person is in possession of three hundred dollars or more in cash; 13
29	29	(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6, 14
30	30	22-14-15, 22-14-15.1, 22-14-15.3, and or subdivision 22-1-2(8); 15
31	31	(3) The person is in possession of bulk materials used for the packaging of controlled 16
32	32	substances; 17
33	33	(4) The person is in possession of materials used to manufacture a controlled substance 18
34	34	including recipes, precursor chemicals, laboratory equipment, lighting, ventilating 19
35	35	or power generating equipment; or 20
36	36	(5) The person is in possession of drug transaction records or customer lists. 21
37	37	The distribution of a substance listed in Schedules I or II to a minor is a Class 2 22
38	38	felony. 23
39	39	A first conviction under this section shall must be punished by a mandatory 24
40	40	sentence of at least one year in a state correctional facility of at least one year, which 25
41	41	sentence may not be suspended. Probation, suspended imposition of sentence, or 26 25.534.9 2 1088
42	42	Underscores indicate new language.
43	43	Overstrikes indicate deleted language.
44	44	suspended execution of sentence may not form the basis for reducing the mandatory time 1
45	45	of incarceration required by this section. A second or subsequent conviction under this 2
46	46	section shall must be punished by a mandatory sentence of at least ten years in a state 3
47	47	correctional facility of at least ten years, which sentence may not be suspended. Probation, 4
48	48	suspended imposition of sentence, or suspended execution of sentence may not form the 5
49	49	basis for reducing the mandatory time of incarceration required by this for a first, second, 6
50	50	or subsequent offense pursuant to this section. However, a 7
51	51	A first conviction for distribution to a minor under this section shall must be 8
52	52	punished by a mandatory sentence of at least five years in a state correctional facility of 9
53	53	at least five years, which sentence may not be suspended. Probation, suspended 10
54	54	imposition of sentence, or suspended execution of sentence may not form the basis for 11
55	55	reducing the mandatory time of incarceration required by this section. A second or 12
56	56	subsequent conviction for distribution to a minor under this section shall must be punished 13
57	57	by a mandatory sentence of at least fifteen years in a state correctional facility of at least 14
58	58	fifteen years, which sentence may not be suspended. Probation, suspended imposition of 15
59	59	sentence, or suspended execution of sentence, may not form the basis for reducing the 16
60	60	mandatory time of incarceration required by this for a first, second, or subsequent offense 17
61	61	pursuant to this section. 18
62	62	Any conviction for, or plea of guilty to, an offense in another state which, if 19
63	63	committed in this state, would be a violation of this section, and occurring within fifteen 20
64	64	years prior to the date of the violation being charged, must be used to determine if the 21
65	65	violation being charged is a second or subsequent offense. 22
66	66	Any person who, for consideration, intentionally distributes any controlled 23
67	67	substance or counterfeit substance in violation of this section and another person dies as 24
68	68	a direct result of using that substance is guilty of a Class 2 B felony. If three or more of 25
69	69	the above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the 26
70	70	substance is fentanyl and the person knew the substance was fentanyl, the person is guilty 27
71	71	of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony. 28
72	72	A civil penalty may be imposed, in addition to any criminal penalty, upon a 29
73	73	conviction of a violation of this section not to exceed ten thousand dollars. A conviction 30
74	74	for the purposes of the mandatory sentence provisions of this chapter is the acceptance 31
75	75	by a court of any plea, other than not guilty, including nolo contendere, or a finding of 32
76	76	guilt by a jury or court. 33