South Dakota Attorney General lays out 2013 Legislative proposal - KSFY News - Sioux Falls, SD News, Weather, Sports

South Dakota Attorney General lays out 2013 Legislative proposals

Posted: Updated:

South Dakota's Attorney General has released legislation he is proposing at the 2013 State Legislative Session.

Attorney General Marty Jackley has submitted proposals considering juvenile sentencing, death penalty procedures, jury verdicts, sex offenses at juvenile detention centers and insurance fraud.

Here is Jackley's explanation of his upcoming proposals:

1. Juvenile Sentencing Scheme for Homicide - South Dakota along with a majority of states and the federal government have sentencing schemes that allow for mandatory life in prison without the possibility of parole for juvenile homicide offenders. In June, the United States Supreme Court in Miller v. Alabama, determined that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juvenile homicide offenders without allowing some discretion for the sentencing court. Consistent with the United States Supreme Court's direction, the Attorney General is proposing a discretionary maximum sentence of life imprisonment without the possibility of parole for violent juvenile homicide offenders only after the court conducts a pre-sentence hearing to review additional evidence in mitigation and aggravation of punishment. The proposed legislation is modeled after South Dakota's presentence hearing scheme for death penalty cases that has withstood repeated Constitutional challenges.

2. Death Penalty – South Dakota law currently protects the identity of any person administering a lethal injection sentence. Disclosure of protected information is a Class 2 misdemeanor. The Attorney General is proposing expanding the protected information to also include any "entity supplying" the substance or substances used in carrying out a lethal injection sentence and also making it a more serious Class 1 misdemeanor offense, punishable by up to one year in jail. The legislation is designed to protect the privacy and safety of manufactures and pharmacists.

3. Respecting Jury Verdicts – South Dakota law presently allows the trial court to set aside or to reverse a jury's verdict in a criminal case. In the limited instances when the trial court sets aside a jury's verdict, the legislation would grant the right to appeal the trial court's decision to the South Dakota Supreme Court to ensure that there exist an appropriate legal basis to set aside the jury's determination.

4. Juvenile Correction Officers Engaging in Sexual Acts - Under current South Dakota Law, any person employed at a jail or juvenile correctional facility who knowingly engages in an act of sexual contact or penetration is guilty of a Class 6 felony punishable by up to two years imprisonment. Based upon a case that arose in Minnehaha County, and in the interest of protecting juveniles that are in the care and custody of a juvenile correction facility, the Attorney General is requesting that if the sexual contact or penetration is upon a juvenile victim, that it becomes a more serious Class 4 felony punishable by up to 10 years imprisonment.

5. Insurance Fraud – During the 2011 Legislative Session, the Insurance Fraud Prevention Unit was transferred to the authority of the Attorney General by executive order. The

Jackley is also expected to participate in discussions regarding open government, criminal justice and synthetic drugs.

The attorney general has been participating in the governor's open government sessions to improve South Dakota's open meeting and record laws. Jackley anticipates supporting joint legislation with the Governor to achieve the overall recommendations of the task force and to improve government.

The attorney general has also participated in the state's criminal initiative review. In a news release, Jackley explained his offices role in South Dakota's Crime Initiative will be to improve public safety by placing greater emphasis on the more serious criminal activity, and by supporting stronger monitoring and alternative sentencing opportunities including drug and alcohol courts.

The Attorney General's Office is also working with the South Dakota Department of Health to evaluate further legislation to address the ongoing concerns of synthetic drugs.

The 2013 Legislative Session starts Tuesday, with the Governor's State of the State Address at 1 pm.

  • Pancake Days underway at Sioux Falls Convention Center

    Pancake Days underway at Sioux Falls Convention Center

    Pancake Days underway at Sioux Falls Convention Center

    Wednesday, April 23 2014 5:04 AM EDT2014-04-23 09:04:28 GMT
    It is that time of year again for one of the most popular and beloved pancake events in Sioux Falls. More >>
    It is that time of year again for one of the most popular and beloved pancake events in Sioux Falls. More >>
  • FBI: Vahey molested at least 90 students

    FBI: Vahey molested at least 90 students

    FBI: Vahey molested at least 90 students

    Tuesday, April 22 2014 11:14 PM EDT2014-04-23 03:14:59 GMT
    They say William James Vahey is a suspected serial child molester, who began the acts in the early 70's.More >>
    They say William James Vahey is a suspected serial child molester, who began the acts in the early 70's.More >>
  • South Dakota tribes take their KXL fight to Washington

    South Dakota tribes take their KXL fight to Washington

    South Dakota tribes take their KXL fight to Washington

    Tuesday, April 22 2014 10:31 PM EDT2014-04-23 02:31:07 GMT
    The president's decision to approve or reject the Keystone XL Pipeline may be months away, but South Dakota's tribes are joining with other Native American groups, landowners, and environmental advocates this week in demanding they not only be heard - but seen as well. And the spot they chose could hardly be more visible.It's a sight that wouldn't phase most South Dakotans, but in Washington D.C., tipi's, horses, and headdresses stand out.Members of the Cowboy and Indian Alliance - tribal mem...More >>
    The president's decision to approve or reject the Keystone XL Pipeline may be months away, but South Dakota's tribes are joining with other Native American groups, landowners, and environmental advocates this week in demanding they not only be heard - but seen as well. And the spot they chose could hardly be more visible.It's a sight that wouldn't phase most South Dakotans, but in Washington D.C., tipi's, horses, and headdresses stand out.Members of the Cowboy and Indian Alliance - tribal mem...More >>
  • Ranch uses horses to help mental health

    Ranch uses horses to help mental health

    Ranch uses horses to help mental health

    Tuesday, April 22 2014 9:39 PM EDT2014-04-23 01:39:17 GMT
    Joy Nelson owns the ranch, and her horses have been used by guests of the ranch for over 12 years. Now, with the help of equine specialist Carmen Werning, people will be able to improve their mental health on a whole new level."This is just another part of service that we can provide for people that may want to do equine assisted learning, or it could be psychotherapy with people that may really be struggling whether it's mental, or addictions," equine specialist, Carmen Werning said.The prog...More >>
    Joy Nelson owns the ranch, and her horses have been used by guests of the ranch for over 12 years. Now, with the help of equine specialist Carmen Werning, people will be able to improve their mental health on a whole new level."This is just another part of service that we can provide for people that may want to do equine assisted learning, or it could be psychotherapy with people that may really be struggling whether it's mental, or addictions," equine specialist, Carmen Werning said.The prog...More >>
  • Summit League basketball championships bring more than $8 million to Sioux Falls

    Summit League basketball championships bring more than $8 million to Sioux Falls

    Tuesday, April 22 2014 7:37 PM EDT2014-04-22 23:37:29 GMT
    The 2014 Summit League Basketball Championships contributed an estimated $8.52 million in total business sales to the Sioux Falls economy, according to a new economic impact report from the Sioux Falls Convention and Visitors Bureau.More >>
    The 2014 Summit League Basketball Championships contributed an estimated $8.52 million in total business sales to the Sioux Falls economy, according to a new economic impact report from the Sioux Falls Convention and Visitors Bureau.
    More >>
  • Volga pastor thanks Hamlin Co. sheriff's deputy for saving his life

    Volga pastor thanks Hamlin Co. sheriff's deputy for saving his life

    Tuesday, April 22 2014 7:32 PM EDT2014-04-22 23:32:35 GMT
    A Volga pastor thanks a Hamlin County sheriff's deputy for saving his life. The pastor and his son were playing with a football at Lake Poinsett Monday morning when the ball went into the lake, along with the father and his son.More >>
    A Volga pastor thanks a Hamlin County sheriff's deputy for saving his life. The pastor and his son were playing with a football at Lake Poinsett Monday morning when the ball went into the lake, along with the father and his son.More >>
  • Suspects in Sioux Falls robbery three young teens

    Suspects in Sioux Falls robbery three young teens

    Tuesday, April 22 2014 7:25 PM EDT2014-04-22 23:25:23 GMT
    Sioux Falls Police are looking for three white teenage boys between 13 and 14-years-old.Just after 1 Tuesday morning, the Cubby's convenience store at 49th and Western was robbed at gunpoint.According to the clerk, two of the suspects had guns and were each wearing a dark colored cloth or bandana covering their faces.He told police he believes the suspects are 13 or 14 because of their voices and height.Both Sioux Falls Police and the director of the Minnehaha County Regional Detention Center...More >>
    Sioux Falls Police are looking for three white teenage boys between 13 and 14-years-old.Just after 1 Tuesday morning, the Cubby's convenience store at 49th and Western was robbed at gunpoint.According to the clerk, two of the suspects had guns and were each wearing a dark colored cloth or bandana covering their faces.He told police he believes the suspects are 13 or 14 because of their voices and height.Both Sioux Falls Police and the director of the Minnehaha County Regional Detention Center...More >>
  • FBI seeks victims of 'prolific' international child predator

    FBI seeks victims of 'prolific' international child predator

    Tuesday, April 22 2014 6:37 PM EDT2014-04-22 22:37:45 GMT
    An alleged child predator who taught at schools across the world for more than four decades may have more victims, and the FBI is trying to track them down, the agency's Houston bureau said Tuesday.More >>
    An alleged child predator who taught at schools across the world for more than four decades may have more victims, and the FBI is trying to track them down, the agency's Houston bureau said Tuesday.More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KSFY. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service or our EEO Report.