85
th Legislative Session _ 2010
Committee: House Judiciary
Friday, February 12, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Engels
P Feinstein
P Gibson
P Gosch
P Hamiel
P Hoffman
E Killer
P Lust
P Moser
P Schlekeway
P Turbiville
P Hunt, Vice-Chair
P Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Joni Cutler.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 10, 2010.
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1136 UNTIL WEDNESDAY, FEBRUARY 17, 2010.
THE CHAIR DEFERRED HB 1159 UNTIL FRIDAY, FEBRUARY 19, 2010.
HB 1112: provide for the timely disposition of certain untried complaints,
indictments, and informations upon request of the affected inmates.
Presented by: Representative Richard Engels
MOTION: DEFER HB 1112 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gibson
Second by: Turbiville
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Lust, Moser, Turbiville, Hunt,
Cutler
Excused: Killer, Schlekeway
*Gavel passed to Vice-Chair Hunt.
HB 1131: revise certain provisions concerning intoxicated or incapacitated persons
who may be taken into protective custody.
Presented by: Representative Joni Cutler
Proponents: Scott Peters, Minnehaha/Lincoln County Board of Mental Illness (Handouts: #1)
Kenneth Mc Farland, Minnehaha County
Staci Eggert, SD Sheriff's Association
Phyllis Arends, NAMI SD
Terrance Dosch, SD Council of Mental Health Centers, SD Council of Substance
Abuse Directors
Deb Fischer Clemens, Avera Health
Betty Oldenkamp, Lutheran Social Services
MOTION: DO PASS HB 1131
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Engels, Feinstein, Gibson, Hoffman, Moser, Schlekeway, Turbiville, Hunt, Cutler
Voting No: Gosch, Lust
Excused: Hamiel, Killer
HB 1132: provide for the referral and placement of certain individuals in need of
intervention.
Presented by: Representative Joni Cutler
Proponents: Scott Peters, Minnehaha/Lincoln County Board of Mental Illness
Phyllis Arends, NAMI SD
Betty Oldenkamp, Lutheran Social Services
Terrance Dosch, SD Council of Mental Health Centers, SD Council of Substance
Abuse Directors
Staci Eggert, SD Sheriff's Association
Deb Fischer Clemens, Avera Health
MOTION: AMEND HB 1132
1132fb
On page 1 of the printed bill, delete lines 9 to 12, inclusive, and insert "person to the direct
supervision of any member of a mobile crisis team or crisis intervention team certified law
enforcement officer. If any member of the mobile crisis team or the crisis intervention team certified
law enforcement officer accepts direct supervision of the person, in writing, the member or officer
may:".
On page 1, line 15, delete everything after "." And insert "Any team member".
On page 2, line 1, delete everything before "may" .
On page 2, delete line 22, and insert "techniques involving any person who is mentally ill or has
substance abuse issues and".
On page 2, line 24, delete everything after "(2)" and insert ""Crisis intervention team," a team
of law enforcement officers and individuals who have undergone a comprehensive training program
in crisis intervention techniques involving any person who is mentally ill or has chemical
dependency or substance abuse issues;
(3) "Mobile crisis team," an interdisciplinary team of one or more mental health professionals
able to respond to any person in the community, usually visiting the person at home, for
mental health and chemical dependency or abuse intervention;
(4) "Team member," any person who is a member of a crisis intervention team or a mobile
crisis team.".
On page 3, delete lines 1 to 3, inclusive.
On page 3, line 7, delete "qualified mental health professional member of a".
On page 3, line 9, delete "qualified mental health professional".
Moved by: Gibson
Second by: Schlekeway
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1132 AS AMENDED
Moved by: Schlekeway
Second by: Hoffman
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Moser, Schlekeway, Turbiville,
Hunt, Cutler
Excused: Killer, Lust
HB 1244: increase the penalty for solicitation of a minor.
Presented by: Representative Joni Cutler
Proponents: Chuck Schroyer, SD States Attorneys Association
Opponents: Aaron McGowan, Minnehaha Co. States Attorney
MOTION: DO PASS HB 1244
Moved by: Moser
Second by: Engels
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Moser, Schlekeway, Turbiville,
Hunt, Cutler
Excused: Killer, Lust
HB 1105: permit the record of a person's conviction or arrest to be expunged.
*Prior testimony heard on Wednesday, February 12, 2010.
Proponents: Roger Tellinghuisen, SD Trial Lawyers Association
Opponents: Chuck Schroyer, SD States Attorneys Association
Tiffani Hoeke, Turner County States Attorney
Kelly Marnette, Hughes County States Attorney
Aaron McGowan, Minnehaha County States Attorney
MOTION: AMEND HB 1105
1105sb
On page 1 of the printed bill, delete lines 10 and 11.
On page 1, line 12, delete everything after "Section 2." .
On page 1, delete lines 13 and 14.
On page 2, delete lines 1 and 2.
On page 2, line 5, delete "hundred eighty days" and insert "year".
On page 2, delete lines 12 to 15, inclusive.
On page 2, delete line 24.
On page 3, delete lines 1 to 5, inclusive.
On page 4, delete lines 1 to 3, inclusive.
On page 4, line 4, delete "convictions and".
Moved by: Gibson
Second by: Engels
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1105 AS AMENDED
Moved by: Moser
Second by: Engels
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1105
1105ra
On page 2, line 6, of the printed bill, delete "or a dismissal of the charge".
Moved by: Feinstein
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1105 AS AMENDED
Moved by: Engels
Second by: Feinstein
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Lust, Moser, Schlekeway, Turbiville,
Cutler
Voting No: Hoffman, Hunt
Excused: Killer
MOTION: AMEND TITLE OF HB 1105
1105sta
On page 1, line 1, of the printed bill, delete "conviction or".
Moved by: Cutler
Second by: Gibson
Action: Prevailed by voice vote.
*Gavel returned to Chair Cutler.
HB 1110: revise certain provisions relating to statutory rape and statutory sexual
contact.
*Prior testimony heard on Wednesday, February 12, 2010.
Presented by: Representative Richard Engels
Opponents: Bonnie Costain, Deputy States Attorney, Minnehaha County
Chuck Schroyer, SD States Attorneys Association
MOTION: AMEND HB 1110
1110ra
On page 1 of the printed bill, delete lines 4 to 13, inclusive.
Moved by: Moser
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1110 AS AMENDED
Moved by: Feinstein
Second by: Hoffman
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hoffman, Lust, Moser, Schlekeway, Turbiville,
Hunt, Cutler
Voting No: Hamiel
Excused: Killer
MOTION: AMEND TITLE OF HB 1110
1110rta
On page 1, line 1, of the printed bill, delete "and" and insert ".".
On page 1, delete line 2.
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee Secretary
Joni M. Cutler, Chair
../02121000.HJU
Page 1