| 6 | | - | ENROLLED |
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| 7 | | - | |
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| 8 | | - | AN ACT |
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| 9 | | - | |
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| 10 | | - | |
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| 11 | | - | ENTITLED An Act to revise the penalty and provide treatment for the ingestion of |
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| 12 | | - | certain controlled substances. |
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| 13 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: |
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| 14 | | - | Section 1. That § 22-42-5.1 be AMENDED: |
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| 15 | | - | 22-42-5.1. No person may knowingly ingest a controlled drug or substance or |
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| 16 | | - | have a controlled drug or substance in an altered state in the body unless the substance |
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| 17 | | - | was obtained directly or pursuant to a valid prescription or order from a practitioner, acting |
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| 18 | | - | in the course of the practitioner's professional practice, or except as otherwise authorized |
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| 19 | | - | by chapter 34-20B. The following penalties apply to a violation of this section: |
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| 20 | | - | (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other |
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| 21 | | - | sentence, shall order that the person complete a drug and alcohol evaluation and |
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| 22 | | - | complete supervised probation using evidence-based sentencing practices, which |
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| 23 | | - | may include the HOPE probation program and other programs as established in |
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| 24 | | - | chapter 16-22; |
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| 25 | | - | (2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other |
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| 26 | | - | sentence, may sentence the person to a period of up to one year in jail, and shall |
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| 27 | | - | sentence the person to a period of supervised probation using evidence -based |
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| 28 | | - | practices, which may include the HOPE probation program and other programs as |
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| 29 | | - | established in chapter 16-22, and order that the person complete a drug and |
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| 30 | | - | alcohol evaluation and complete any other recommended course of treatment; and |
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| 31 | | - | (3) A third or subsequent violation, occurring within ten years of the person's first |
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| 32 | | - | conviction, is a Class 6 felony. 25.558.15 2 83 |
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| 33 | | - | SB83 ENROLLED |
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| 34 | | - | An Act to revise the penalty and provide treatment for the ingestion of certain controlled |
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| 35 | | - | substances. |
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| 36 | | - | |
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| 37 | | - | |
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| 38 | | - | |
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| 39 | | - | |
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| 40 | | - | I certify that the attached Act originated in |
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| 41 | | - | the: |
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| 42 | | - | |
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| 43 | | - | Senate as Bill No. 83 |
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| 44 | | - | |
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| 45 | | - | |
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| 46 | | - | |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | |
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| 49 | | - | |
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| 50 | | - | |
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| 51 | | - | |
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| 52 | | - | President of the Senate |
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| 53 | | - | |
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| 54 | | - | Attest: |
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| 55 | | - | |
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| 56 | | - | |
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| 57 | | - | |
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| 58 | | - | |
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| 59 | | - | Secretary of the Senate |
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| 60 | | - | |
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| 61 | | - | |
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| 62 | | - | |
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| 63 | | - | |
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| 64 | | - | Speaker of the House |
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| 65 | | - | |
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| 66 | | - | Attest: |
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| 6 | + | SENATE JUDICIARY ENGROSSED |
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| 74 | | - | |
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| 75 | | - | |
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| 76 | | - | Senate Bill No. 83 |
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| 77 | | - | File No. ____ |
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| 78 | | - | Chapter No. ______ |
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| 79 | | - | |
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| 80 | | - | |
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| 81 | | - | |
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| 82 | | - | Received at this Executive Office |
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| 83 | | - | this _____ day of _____________, |
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| 84 | | - | |
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| 85 | | - | 2025 at ____________M. |
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| 86 | | - | |
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| 87 | | - | |
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| 88 | | - | |
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| 89 | | - | By |
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| 90 | | - | for the Governor |
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| 91 | | - | |
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| 92 | | - | |
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| 93 | | - | The attached Act is hereby |
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| 94 | | - | approved this ________ day of |
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| 95 | | - | ______________, A.D., 2025 |
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| 96 | | - | |
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| 97 | | - | |
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| 98 | | - | |
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| 99 | | - | |
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| 100 | | - | |
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| 101 | | - | Governor |
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| 102 | | - | |
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| 103 | | - | STATE OF SOUTH DAKOTA , |
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| 104 | | - | ss. |
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| 105 | | - | Office of the Secretary of State |
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| 106 | | - | |
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| 107 | | - | |
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| 108 | | - | Filed ____________, 2025 |
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| 109 | | - | at _________ o'clock __M. |
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| 110 | | - | |
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| 111 | | - | |
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| 112 | | - | |
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| 113 | | - | |
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| 114 | | - | |
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| 115 | | - | Secretary of State |
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| 116 | | - | |
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| 117 | | - | |
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| 118 | | - | |
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| 119 | | - | By |
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| 120 | | - | Asst. Secretary of State |
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| 121 | | - | |
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| 122 | | - | |
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| 14 | + | Underscores indicate new language. |
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| 15 | + | Overstrikes indicate deleted language. |
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| 16 | + | An Act to revise the penalty and provide treatment for the ingestion of certain 1 |
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| 17 | + | controlled substances. 2 |
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| 18 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
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| 19 | + | Section 1. That § 22-42-5.1 be AMENDED: 4 |
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| 20 | + | 22-42-5.1. No person may knowingly ingest a controlled drug or substance or 5 |
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| 21 | + | have a controlled drug or substance in an altered state in the body unless the substance 6 |
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| 22 | + | was obtained directly or pursuant to a valid prescription or order from a practitioner, while 7 |
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| 23 | + | acting in the course of the practitioner's professional practice, or except as otherwise 8 |
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| 24 | + | authorized by chapter 34-20B. A The following penalties apply to a violation of this section 9 |
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| 25 | + | for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a 10 |
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| 26 | + | substance in Schedules III or IV is a Class 6 felony.: 11 |
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| 27 | + | (1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other 12 |
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| 28 | + | sentence, shall order that the person complete a drug and alcohol evaluation and 13 |
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| 29 | + | complete supervised probation using evidence-based sentencing practices, which 14 |
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| 30 | + | may include the HOPE probation program and other programs as established in 15 |
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| 31 | + | chapter 16-22; 16 |
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| 32 | + | (2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other 17 |
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| 33 | + | sentence, may sentence the person to a period of up to one year in jail, and shall 18 |
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| 34 | + | sentence the person to a period of supervised probation using evidence -based 19 |
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| 35 | + | practices, which may include the HOPE probation program and other programs as 20 |
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| 36 | + | established in chapter 16-22, and order that the person complete a drug and 21 |
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| 37 | + | alcohol evaluation and complete any other recommended course of treatment; and 22 |
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| 38 | + | (3) A third or subsequent violation, occurring within ten years of the person's first 23 |
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| 39 | + | conviction, is a Class 6 felony. 24 |
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