85
th Legislative Session _ 2010
Committee: House Judiciary
Wednesday, March 03, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Engels
P Feinstein
P Gibson
P Gosch
P Hamiel
P Hoffman
P 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 MONDAY, MARCH 1, 2010.
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
SB 12: provide for a tiered sex offender registry and to establish certain criteria for
eligibility to petition for removal or reassignment.
* Prior Testimony taken on Monday, March 1, 2010.
MOTION: AMEND SB 12
12rq
On page 2, line 8, after ";" insert "or".
On page 2, delete lines 9 to 11, inclusive, and insert:
"
(d) An out-of-state, federal or court martial offense that is comparable to the elements of the
crimes listed in (a) or, (b), or c;".
On page 5, after line 24 of the Senate Judiciary Committee engrossed bill, insert:
"
Section 9. That § 22-24B-1 be amended to read as follows:
22-24B-1. For the purposes of §§ 22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the
following crimes regardless of the date of the commission of the offense or the date of conviction:
(1) Rape as set forth in § 22-22-1;
(2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed
by an adult;
(3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;
(4) Incest if committed by an adult;
(5) Possessing, manufacturing, or distributing child pornography as set forth in § 22-24A-3;
(6) Sale of child pornography as set forth in § 22-24A-1;
(7) Sexual exploitation of a minor as set forth in § 22-22-24.3;
(8) Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;
(9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
(10) Criminal pedophilia as previously set forth in § 22-22-30.1;
(11) Felony indecent exposure as previously set forth in former § 22-24-1 or felony indecent
exposure as set forth in § 22-24-1.2;
(12) Solicitation of a minor as set forth in § 22-24A-5;
(13) Felony indecent exposure as set forth in § 22-24-1.3;
(14) Bestiality as set forth in § 22-22-42;
(15) An attempt to commit any of the crimes listed in this section;
(16) Any crime committed in a place other than this state which would constitute a sex crime
under this section if committed in this state;
(17) Any federal crime or court martial offense that would constitute a sex crime under federal
law;
(18) Any crime committed in another state if that state also requires that anyone convicted of
that crime register as a sex offender in that state; or
(19) If the victim is a minor:
(a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;
(b) Any sexual contact by a psychotherapist as set forth in § 22-22-28; or
(c) Any sexual penetration by a psychotherapist as set forth in § 22-22-29;
(20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31. ".
Proponents: Ryan Kolbeck, SD Assn. of Criminal Defense Lawyers
Eileen Thomas, Self, Belle Fourche
Opponents: Charlie McGuigan, Office of the Attorney General
Moved by: Gibson
Second by: Engels
Action: Prevailed by voice vote.
MOTION: AMEND SB 12
12rp
On page 5, after line 24 of the Senate Judiciary Committee engrossed bill, insert:
"
Section 8. That § 22-24B-2 be amended to read as follows:
22-24B-2. Any person who has been convicted for commission of a sex crime, as defined in
§ 22-24B-1, shall register as a sex offender. The term, convicted, includes a verdict or plea of guilty,
a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged
pursuant to § 23A-27-14 prior to July 1, 1995. Any juvenile fifteen fourteen years or older shall
register as a sex offender if that juvenile has been adjudicated of a sex crime rape as defined in § 22-22-7.2, subdivision 22-24B-1(1), or 22-24B-1(9), or of an out-of-state or federal offense that is
comparable to the elements of these three sex crimes of rape or any crime committed in another state
if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state.
The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended
adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 prior to July 1,
2009. The sex offender shall register within five days of coming into any county to reside,
temporarily domicile, attend school, attend postsecondary education classes, or work. Registration
shall be with the chief of police of the municipality in which the sex offender resides, temporarily
domiciles, attends school, attends postsecondary education classes, or works, or, if no chief of police
exists, then with the sheriff of the county. If the sex offender is not otherwise registered in the state,
the sex offender shall register within five days of coming into any county when the sex offender
applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal
address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose
sentence is discharged under § 23A-27-14 after July 1, 1995, shall forward a certified copy of such
formal discharge by certified mail to the Division of Criminal Investigation and to local law
enforcement where the person is then registered under this section. Upon receipt of such notice, the
person shall be removed from the sex offender registry open to public inspection and shall be
relieved of further registration requirements under this section. Any juvenile whose suspended
adjudication is discharged under § 26-8C-4 after July 1, 2009, shall forward a certified copy of the
formal discharge by certified mail to the Division of Criminal Investigation and to local law
enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the
juvenile shall be removed from the sex offender registry open to public inspection and shall be
relieved of further registration requirements under this section. ".
Proponents: Charlie McGuigan, Office of the Attorney General
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by voice vote.
MOTION: AMEND SB 12
12rr
On page 3, line 17, after ";" insert "or
(d) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape
under subdivision 22-22-1(5), but only if the petitioner was twenty-two years of
age but not more than twenty-five years of age at the time the offense was
committed or attempted; or
(e) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and
sixteen and the petitioner was at least three years older than the victim, but only if
the petitioner was twenty-two years of age but not more than twenty-five years of
age at the time the offense was committed;".
Proponents: Ryan Kolbeck, SD Assn. of Criminal Defense Lawyers
Opponents: Charlie McGuigan, Office of the Attorney General
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by voice vote.
MOTION: DO PASS SB 12 AS AMENDED
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Lust, Moser, Schlekeway,
Turbiville, Hunt
Voting No: Cutler
Excused: Killer
SB 42: restrict the licensure and prohibit the employment of certain persons,
including persons on the sex offender registry, in certain child welfare agencies or
family day care centers.
Presented by: Dan Todd, Department of Social Services
Proponents: Greg Boris, South Dakota Voices for Children
MOTION: DO PASS SB 42
Moved by: Schlekeway
Second by: Gosch
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Lust, Moser, Schlekeway,
Turbiville, Hunt, Cutler
Excused: Killer
MOTION: PLACE SB 42 ON CONSENT CALENDAR
Moved by: Hoffman
Second by: Gosch
Action: Prevailed by voice vote.
SB 156: require that determinations in both adult and juvenile court proceedings
relative to a controlled substance violation of a high school student participating in
extracurricular activities be reported to the South Dakota High School Activities
Association and to the school administrator.
Presented by: Representative Todd Schlekeway
Proponents: Lindsey Riter-Rapp, SD High School Activities Association
Greg Sattizahn, Unified Judicial System
MOTION: DO PASS SB 156
Moved by: Hoffman
Second by: Hamiel
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Killer, Lust, Moser,
Schlekeway, Turbiville, Hunt, Cutler
MOTION: PLACE SB 156 ON CONSENT CALENDAR
Moved by: Turbiville
Second by: Gibson
Action: Failed by voice vote.
MOTION: ADJOURN
Moved by: Gibson
Second by: Hoffman
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee Secretary
Joni M. Cutler, Chair
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