South Dakota 2025 Regular Session

South Dakota House Bill HB1230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.339.23 100th Legislative Session 1230
	1	+	25.339.22 100th Legislative Session 1230
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1230
6		-	~~ENROLLED~~
	6	+	SENATE JUDICIARY ENGROSSED
7	7
8		-	AN ACT
	8	+	This bill has been extensively amended (hoghoused) and may no longer be
	9	+	consistent with the original intention of the sponsor.
9	10
10	11
11		-	ENTITLED An Act to revise a provision related to unauthorized distribution of
12		-	fentanyl and provide a penalty therefor.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 22-42-2 be AMENDED:
15		-	22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may
16		-	manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with
17		-	intent to manufacture, distribute, or dispense a substance listed in Schedules I or II;
18		-	create or distribute a counterfeit substance listed in Schedules I or II; or possess with
19		-	intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this
20		-	section is a Class 4 felony.
21		-	A violation of this section is a Class 3 felony if three or more of the following
22		-	aggravating circumstances apply:
23		-	(1) The person is in possession of three hundred dollars or more in cash;
24		-	(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6,
25		-	22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8);
26		-	(3) The person is in possession of bulk materials used for the packaging of controlled
27		-	substances;
28		-	(4) The person is in possession of a pill press;
29		-	(5) The person is in possession of materials used to manufacture a controlled substance
30		-	including recipes, precursor chemicals, laboratory equipment, lighting, ventilating
31		-	or power generating equipment; or
32		-	(6) The person is in possession of drug transaction records or customer lists.
33		-	A violation of this section is a Class 2 felony if the offense involves four milligrams
34		-	or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving
35		-	four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a
36		-	mandatory sentence of at least three years in a state correctional facility. Unless a higher 25.339.23 2 1230
37		-	HB1230 ENROLLED
38		-	mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl
39		-	shall be punished by a mandatory sentence of at least ten years in a state correctional
40		-	facility.
41		-	The distribution of a substance listed in Schedules I or II to a minor is a Class 2
42		-	felony. A first conviction under this section shall be punished by a mandatory sentence in
43		-	a state correctional facility of at least one year, which sentence may not be suspended.
44		-	Probation, suspended imposition of sentence, or suspended execution of sentence may
45		-	not form the basis for reducing the mandatory time of incarceration required by this
46		-	section. A second or subsequent conviction under this section shall be punished by a
47		-	mandatory sentence in a state correctional facility of at least ten years, which sentence
48		-	may not be suspended. Probation, suspended imposition of sentence, or suspended
49		-	execution of sentence may not form the basis for reducing the mandatory time of
50		-	incarceration required by this section. However, a first conviction for distribution to a
51		-	minor under this section shall be punished by a mandatory sentence in a state correctional
52		-	facility of at least five years, which sentence may not be suspended. Probation, suspended
53		-	imposition of sentence, or suspended execution of sentence may not form the basis for
54		-	reducing the mandatory time of incarceration required by this section. A second or
55		-	subsequent conviction for distribution to a minor under this section shall be punished by
56		-	a mandatory sentence in a state correctional facility of at least fifteen years, which
57		-	sentence may not be suspended. Probation, suspended imposition of sentence, or
58		-	suspended execution of sentence, may not form the basis for reducing th e mandatory
59		-	time of incarceration required by this section.
60		-	Any conviction for, or plea of guilty to, an offense in another state which, if
61		-	committed in this state, would be a violation of this section, and occurring within fifteen
62		-	years prior to the date of the violation being charged, must be used to determine if the
63		-	violation being charged is a second or subsequent offense.
64		-	Any person who, for consideration, intentionally distributes any controlled
65		-	substance or counterfeit substance in violation of this section and another person dies as
66		-	a direct result of using that substance is guilty of a Class 2 felony. If three or more of the
67		-	above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the
68		-	substance is fentanyl and the person knew the substance was fentanyl, the person is guilty
69		-	of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony.
70		-	A civil penalty may be imposed, in addition to any criminal penalty, upon a
71		-	conviction of a violation of this section not to exceed ten thousand dollars. A conviction
72		-	for the purposes of the mandatory sentence provisions of this chapter is the acceptance 25.339.23 3 1230
73		-	HB1230 ENROLLED
74		-	by a court of any plea, other than not guilty, including nolo contendere, or a finding of
75		-	guilt by a jury or court. 25.339.23 4 1230
76		-	HB1230 ENROLLED
77		-	An Act to revise a provision related to unauthorized distribution of fentanyl and provide a
78		-	penalty therefor.
	12	+	Introduced by: Representative Hughes
79	13
80		-
81		-
82		-
83		-	I certify that the attached Act originated in
84		-	the:
85		-
86		-	House as Bill No. 1230
87		-
88		-
89		-
90		-	Chief Clerk
91		-
92		-
93		-
94		-
95		-	Speaker of the House
96		-
97		-	Attest:
98		-
99		-
100		-
101		-
102		-	Chief Clerk
103		-
104		-
105		-
106		-
107		-	President of the Senate
108		-
109		-	Attest:
110		-
111		-
112		-
113		-
114		-
115		-	Secretary of the Senate
116		-
117		-
118		-
119		-	House Bill No. 1230
120		-	File No. ____
121		-	Chapter No. ______
122		-
123		-
124		-
125		-	Received at this Executive Office
126		-	this _____ day of _____________,
127		-
128		-	2025 at ____________M.
129		-
130		-
131		-
132		-	By
133		-	for the Governor
134		-
135		-
136		-	The attached Act is hereby
137		-	approved this ________ day of
138		-	______________, A.D., 2025
139		-
140		-
141		-
142		-
143		-
144		-	Governor
145		-
146		-	STATE OF SOUTH DAKOTA ,
147		-	ss.
148		-	Office of the Secretary of State
149		-
150		-
151		-	Filed ____________, 2025
152		-	at _________ o'clock __M.
153		-
154		-
155		-
156		-
157		-
158		-	Secretary of State
159		-
160		-
161		-
162		-	By
163		-	Asst. Secretary of State
164		-
165		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to revise a provision related to unauthorized distribution of fentanyl and 1
	17	+	provide a penalty therefor. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 22-42-2 be AMENDED: 4
	20	+	22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may 5
	21	+	manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with 6
	22	+	intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; 7
	23	+	create or distribute a counterfeit substance listed in Schedules I or II; or possess with 8
	24	+	intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this 9
	25	+	section is a Class 4 felony. However, a 10
	26	+	A violation of this section is a Class 3 felony if three or more of the following 11
	27	+	aggravating circumstances apply: 12
	28	+	(1) The person is in possession of three hundred dollars or more in cash; 13
	29	+	(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6, 14
	30	+	22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8); 15
	31	+	(3) The person is in possession of bulk materials used for the packaging of controlled 16
	32	+	substances; 17
	33	+	(4) The person is in possession of a pill press; 18
	34	+	(5) The person is in possession of materials used to manufacture a controlled substance 19
	35	+	including recipes, precursor chemicals, laboratory equipment, lighting, ventilating 20
	36	+	or power generating equipment; or 21
	37	+	(5)(6) The person is in possession of drug transaction records or customer lists. 22
	38	+	A violation of this section is a Class 2 felony if the offense involves four milligrams 23
	39	+	or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving 24
	40	+	four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a 25
	41	+	mandatory sentence of at least three years in a state correctional facility. Unless a higher 26 25.339.22 2 1230
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl 1
	45	+	shall be punished by a mandatory sentence of at least ten years in a state correctional 2
	46	+	facility. 3
	47	+	The distribution of a substance listed in Schedules I or II to a minor is a Class 2 4
	48	+	felony. A first conviction under this section shall be punished by a mandatory sentence in 5
	49	+	a state correctional facility of at least one year, which sentence may not be suspended. 6
	50	+	Probation, suspended imposition of sentence, or suspended execution of sentence may 7
	51	+	not form the basis for reducing the mandatory time of incarceration required by this 8
	52	+	section. A second or subsequent conviction under this section shall be punished by a 9
	53	+	mandatory sentence in a state correctional facility of at least ten years, which sentence 10
	54	+	may not be suspended. Probation, suspended imposition of sentence, or suspended 11
	55	+	execution of sentence may not form the basis for reducing the mandatory time of 12
	56	+	incarceration required by this section. However, a first conviction for distribution to a 13
	57	+	minor under this section shall be punished by a mandatory sentence in a state correctional 14
	58	+	facility of at least five years, which sentence may not be suspended. Probation, suspended 15
	59	+	imposition of sentence, or suspended execution of sentence may not form the basis for 16
	60	+	reducing the mandatory time of incarceration required by this section. A second or 17
	61	+	subsequent conviction for distribution to a minor under this section shall be punished by 18
	62	+	a mandatory sentence in a state correctional facility of at least fifteen years, which 19
	63	+	sentence may not be suspended. Probation, suspended imposition of sentence, or 20
	64	+	suspended execution of sentence, may not form the basis for reducing the mandatory 21
	65	+	time of incarceration required by this section. 22
	66	+	Any conviction for, or plea of guilty to, an offense in another state which, if 23
	67	+	committed in this state, would be a violation of this section, and occurring within fifteen 24
	68	+	years prior to the date of the violation being charged, must be used to determine if the 25
	69	+	violation being charged is a second or subsequent offense. 26
	70	+	Any person who, for consideration, intentionally distributes any controlled 27
	71	+	substance or counterfeit substance in violation of this section and another person dies as 28
	72	+	a direct result of using that substance is guilty of a Class 2 felony. If three or more of the 29
	73	+	above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the 30
	74	+	substance is fentanyl and the person knew the substance was fentanyl, the person is guilty 31
	75	+	of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony. 32
	76	+	A civil penalty may be imposed, in addition to any criminal penalty, upon a 33
	77	+	conviction of a violation of this section not to exceed ten thousand dollars. A conviction 34
	78	+	for the purposes of the mandatory sentence provisions of this chapter is the acceptance 35 25.339.22 3 1230
	79	+	Underscores indicate new language.
	80	+	Overstrikes indicate deleted language.
	81	+	by a court of any plea, other than not guilty, including nolo contendere, or a finding of 1
	82	+	guilt by a jury or court. 2