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Legislature upholds veto of crime bill

3-22-2005 | JOE KAFKA | Associated Press

PIERRE, S.D. - Gov. Mike Rounds' veto of a bill that would have changed dozens of alcohol, drug and traffic laws was upheld Tuesday by the Legislature.

An effort to override the veto failed 13-22 in the state Senate, ensuring the demise of SB67. The bill was half of a legislative package that sought to revise the state criminal code.

Gov. Mike Rounds had vetoed SB67 out of distaste for provisions that would ease some penalties for illegal drugs and drunken driving. The state must not back off on efforts to throttle the drug trade and get intoxicated drivers off roads, he said.

Existing mandatory minimum prison terms of 10 years for repeat drug dealing convictions would have been cut to five years by the bill. However, judges would have been given discretion to order longer maximum prison terms in cases involving the manufacturing and distribution of hard drugs.

Minor marijuana possession now punishable by up to one year in jail would have been reduced to 30 days, and penalties for increasing amounts of marijuana possession and distribution also would have been reduced.

Drug-free zones carrying increased penalties would have been cut from the current 500 feet to 300 feet around youth centers, public swimming pools and arcades.

The bill also would have shortened the current one-year suspension period from extracurricular activities to 60 school days for students caught with illegal drugs.

Sen. Lee Schoenbeck, R-Watertown, who chaired a special commission that spent several months last year in drafting the bill, urged his colleagues to upend the veto. The measure strikes a balance when it comes to drug and alcohol penalties, he said.

Schoenbeck acknowledged that not everyone agrees with all of the proposed changes, but he said the measure should not be tossed out because of a few objectionable issues.

"You can go through this bill, just like you can go through goulash, you can pick out the hamburger or you can pick out the vegetables, but the hamburger isn't a vegetable and the vegetable isn't hamburger," Schoenbeck said.

"There are things where the law is tougher and there are things where the law is not as tough, and it is a balance," he said.

The veto should be upheld, argued Sen. Eric Bogue, R-Faith. He noted that the bill had earlier cleared the Senate with only the minimum number of votes because many legislators had doubts about it.

"I think that indicates that the vast majority of the caucus had issues with some parts of this bill," Bogue said.

"Maybe you don't like the combination of the particular recipe that made this particular goulash ... that maybe this isn't the way to join these issues," he added.

The legislation was not scheduled to go into effect until July 1, 2006. Lawmakers had decided to delay implementation of new drug, alcohol and traffic penalties to allow final adjustments by the 2006 Legislature.

Although the veto stands, legislators said many good provisions of the bill could be reintroduced in next year's lawmaking session.

Another bill to revise the criminal code by updating the definitions of some crimes and making adjustments in many criminal penalties was signed earlier by the governor. That measure deals with everything from petty theft to murder.

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troublemaker_42

This is just one example of how backwards and nonprogressive South Dakota can be when dealing with crime, especially drugs. Basically, the entire reason it was rejected was the governor seems to think that any compromises whatsoever when it comes to crime and pusnishment are unacceptable. There are many things I like about my home state, but the administration here simply will not compromise on anything regarding drug issues. Its mainly because of methamphetamine and the crimes that are committed by those on it. I'll be the first to agree that meth is a drug we could all do without, but sadly the meth scare carries over to thinking about any drug, which is unfair and inaccurate.

Buzzby

I would have been much happier if the Medical Marijuana aspects of the bill had been allowed to stand by themselves instead of being part of a bill that attempted to change a lot of laws about crimes and punishments. I suspect the bill would have had even greater success in the legislature if this had been the case.

It gave the governor a change to hide his lack of compassion for sick people behind a law-and-order smokescreen.

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troublemaker_42

Actually, they ARE two different things. The criminal code revision has already been vetoed, and the medical marijuana thiung hasn't even gotten of the ground yet. A medical MJ proposal was shot down in committee this spring, but that has been the only realaction so far on the medical mj front. I hope this proposal is much more successful

troublemaker_42

Good news! Enough signatures were collected to place medical marijuana on the ballot in SD this fall!!!!!! As conservative as SD tends to be, I never thought they would get the 16,000 odd signatures they needed, but it was announced today it has been done!!! You can bet this will be one election i WILL BE voting in!!!

 

LibertyLover

Marijuana causes murder, rape, and suicide amongst many other things. Meth only causes what, robberies, identity theft, and unregulated chemical production laboratories?

Granted we shouldn't have tweaked out people going around blowing themselves and other people up or robbing people, but why should we have stoned out criminals raping and murdering people?

Sec

Now if South Dakota could just get their Sexual Predators on one database accessible to the public, it would make part of my job easier.

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troublemaker_42

Should be operational as of July 1st as a matter of fact. Don't know the address as of right now, but I read an article saying it would be online the 1st of july for the public at large