81st Legislative Session _ 2006

Committee: Senate Judiciary
Wednesday, January 25, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Knudson
P    Koetzle
P    Koskan
P    Moore
P    Schoenbeck, Vice-Chair
P    Abdallah, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 23, 2006

Moved by:    Knudson
Second by:    Koetzle
Action:    Prevailed by voice vote.

MOTION:     TO INTRODUCE "AN ACT TO ESTABLISH AND ENHANCE CRIMINAL PENALTIES REGARDING CERTAIN SEX OFFENDERS" AS REQUESTED BY THE GOVERNOR

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Gray, Koetzle, Koskan, Moore, Schoenbeck, Abdallah

Excused:    Knudson

         SB 99: establish a task force to study sexual assault and to provide for its composition, scope, and administration.

Presented by:    Senator Lee Schoenbeck
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Susan Sheppick, Department of Social Sevices

MOTION:     DO PASS SB 99

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah

         SB 148: revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

Presented by:    Senator Gene Abdallah
Proponents:    Laurie Feiler, Department of Corrections
        Larry Long, Attorney General
        Dick Tieszen, SD Sheriffs/SD Chiefs of Police
        Mike Leidholt, Hughes County Sheriff
        Chuck Schroyer, SD States Attorneys Assn.

MOTION:     AMEND SB 148

148ra
     On page 3, line 7 of the printed bill, after " of " insert " , or has received a suspended adjudication pursuant to §  26-8C-4 for, ".

     On page 3 , delete lines 22 to 24 , inclusive, and insert:

"
     Section 3. That § 22-24B-5 be amended to read as follows:

     22-24B-5.   The Division of Criminal Investigation shall mail a nonforwardable verification form at least once annually to the last reported address of each person registered under § 22-24B-2. The person shall return the verification form to the Division of Criminal Investigation within ten days after receipt of any such form. The verification form shall be signed by the person required to register and shall state that the person still resides at the address last reported to the Division of Criminal Investigation. If the person fails to return the verification form to the Division of Criminal Investigation within ten days after receipt of the form, the person is in violation of this section. Nonreceipt of a registration verification does not constitute a defense to failure to comply with this section. A violation of this section is a Class 1 misdemeanor. Any subsequent violation is a Class 6 felony. ".


     On page 4 , delete lines 1 to 8 , inclusive.

     On page 8 , line 1, after " § §  22-24B-2, " insert "22-24B-5,".

     On page 8 , line 2, after " § §  22-24B-2, " insert "22-24B-5,".

Moved by:    Schoenbeck
Second by:    Koetzle
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 148 AS AMENDED

Moved by:    Schoenbeck
Second by:    Knudson
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah

         SB 150: require the state's participation in the National Sex Offender Public Registry and to provide for the posting of a state internet sex registry site.

Presented by:    Senator Gene Abdallah
Proponents:    Laurie Feiler, Department of Corrections
        Larry Long, Attorney General

MOTION:     DO PASS SB 150

Moved by:    Koskan
Second by:    Koetzle
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah

         SB 149: create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, to provide penalties for violations thereof, and to declare an emergency.


Presented by:    Senator Gene Abdallah
Proponents:    Laurie Feiler, Department of Corrections
        Larry Long, Attorney General
        Dick Tieszen, SD Sheriffs/Chiefs of Police

MOTION:     AMEND SB 149

149ra
     On page 2 of the printed bill, delete lines 8 and 9 , and insert:

"

             (2)    The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services, which is located within a community safety zone; ".

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 149 AS AMENDED

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Abdallah

Excused:    Schoenbeck

The Chair deferred SB 91 until another day.

The Chair deferred SB 119 until another day.

         HB 1033: permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

Presented by:    Emmett Keyser, Department of Game, Fish & Parks (Handout #1)

MOTION:     DO PASS HB 1033

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Gray, Knudson, Koetzle, Koskan, Abdallah

Voting No:    Moore

Excused:    Schoenbeck

MOTION:     ADJOURN

Moved by:    Koskan
Second by:    Knudson
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair

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