86
th Legislative Session _ 2011
Committee: Senate Judiciary
Thursday, January 27, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Begalka
P Hunhoff (Jean)
P Nygaard
P Vehle
E Buhl
P Cutler, Vice-Chair
P Tieszen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Craig Tieszen, Chair.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, JANUARY 25, 2011
Moved by: Hunhoff (Jean)
Second by: Begalka
Action: Prevailed by voice vote.
SB 34: create the crime of possessing, selling, or distributing certain substances
intended for the purpose of intoxication.
Presented by: Marty Jackley, Attorney General
MOTION: DO PASS SB 34
Moved by: Cutler
Second by: Vehle
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Cutler, Tieszen
Excused: Buhl
SB 35 and SB 54 were heard together.
SB 35: revise certain provisions regarding the crime of taking pictures without
consent.
Presented by: Marty Jackley, Attorney General
SB 54: criminalize certain acts exploiting minors and to provide a penalty therefor.
Presented by: Senator Dan Lederman (Handouts: #1)
Proponents: Alexis Tracy, Union County States Attorneys Office
Marty Jackley, Attorney General responded to questions from the committee.
MOTION: AMEND SB 35
35ra
On page 2, line 1, of the printed bill, after "." insert "However, a violation of this section is a
Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least
twenty-one years old.".
Moved by: Begalka
Second by: Nygaard
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Cutler, Tieszen
Excused: Buhl
MOTION: AMEND SB 35
35rb
On the previously adopted amendment (35ra), delete "twenty-one" and insert "twenty-five".
Moved by: Vehle
Second by: Nygaard
Action: Failed by roll call vote. (2-4-1-0)
Voting Yes: Hunhoff (Jean), Vehle
Voting No: Begalka, Nygaard, Cutler, Tieszen
Excused: Buhl
MOTION: DO PASS SB 35 AS AMENDED
Moved by: Cutler
Second by: Nygaard
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Cutler, Tieszen
Excused: Buhl
MOTION: AMEND TITLE OF SB 35
35rta
On page 1, line 2, of the printed bill, after "consent" insert "and to provide for a felony penalty
under certain circumstances".
Moved by: Nygaard
Second by: Begalka
Action: Prevailed by voice vote.
MOTION: DEFER SB 54 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Hunhoff (Jean)
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Begalka, Hunhoff (Jean), Nygaard, Vehle, Cutler, Tieszen
Excused: Buhl
MOTION: ADJOURN
Moved by: Nygaard
Second by: Vehle
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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