Committee: House Judiciary
Friday, January 13, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
E Boomgarden
P Feinstein
P Gibson
P Hansen (Jon)
E Killer
P Kopp
P Nelson (Stace)
P Russell
P Tornow
P Turbiville
P Gosch, Vice-Chair
P Hunt, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair, Representative Roger Hunt.
MOTION: TO INTRODUCE THE FOLLOWING BILLS ON BEHALF OF THE UNIFIED
JUDICIAL SYSTEM:
AN ACT TO REPEAL CERTAIN STATUTES RELATED TO THE TESTIMONY OF SEX
OFFENSE VICTIMS AND TO EVIDENCE OF A VICTIM'S PRIOR SEXUAL CONDUCT AND
TO ESTABLISH THE RATIONALE AND EFFECT OF THE REPEAL.
AN ACT TO REPEAL THE REQUIREMENT THAT THE UNIFIED JUDICIAL SYSTEM SET
FORTH A SCHEDULE FOR ALL FEES PAID DIRECTLY TO COURT REPORTERS IN ITS
ANNUAL CONSOLIDATED BUDGET.
AN ACT TO ALLOW THE SUPREME COURT TO ESTABLIH CERTAIN RULES FOR THE
USE OF INTERACTIVE AUDIO VISUAL EQUIPMENT AND TO PROVIDE FOR THE
COLLECTION AND DEPOSIT OF FEES FOR THE USE THEREOF.
AN ACT TO CLARIFY THE SUPPORTING DOCUMENTATION NECESSARY FOR A
REQUEST TO IMPLEMENT THE STANDARD VISITATION GUIDELINES.
AN ACT TO PERMIT A PROBATIONER WHO IS A REGISTERED SEX OFFENDER TO
RESIDE IN AN ASSIGNED HALFWAY HOUSE OR SUPERVISED LIVING CENTER WITHIN
A COMMUNITY SAFETY ZONE.
AN ACT TO AMENT CERTAIN PROVISIONS RELATED TO INTERPRETER SERVICES IN
THE COURT SYSTEM.
Moved by: Feinstein
Second by: Tornow
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Excused: Boomgarden, Killer
HB 1014: prohibit false statements on applications for certain loans, grants, or other
financial assistance and to provide a penalty therefor.
Presented by: Tim Engel, Governors Office of Economic Development
MOTION: DO PASS HB 1014
Moved by: Gosch
Second by: Abdallah
Action: Prevailed by roll call vote. (8-3-2-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Kopp, Turbiville, Gosch, Hunt
Voting No: Nelson (Stace), Russell, Tornow
Excused: Boomgarden, Killer
HB 1021: revise certain provisions regarding the rights of victims of crime.
Presented by: Laurie Feiler, Department of Corrections
MOTION: AMEND HB 1021
On page 5, after line 3 of the printed bill, insert:
" Section3. That § 24-15A-3 be amended to read as follows:
24-15A-3. The provisions of §§ 24-2-9, 24-2-12, 24-2-12.1, 24-2-12.2, 24-2-17, 24-2-18, 24-5-1,
24-5-2, 24-5-7, 24-13-4.2, 24-13-4.3, 24-13-4.5, 24-13-6, 24-13-7, 24-13-10, 24-15-1, 24-15-1.1,
24-15-1.2, 24-15-2, 24-15-3, 24-15-5, 24-15-6, 24-15-7, 24-15-7.1, 24-15-8, 24-15-10, 24-15-11,
24-15-12, 24-15-15, 24-15-20, 24-15-24, and 24-15-25, and 23A-28C-1 do not apply to any person
sentenced to prison for a crime committed after July 1, 1996. ".
Moved by: Gibson
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1021 AS AMENDED
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Excused: Boomgarden, Killer
HB 1022: revise certain parole hearing provisions regarding inmate compliance,
waivers, and teleconferencing.
Presented by: Laurie Feiler, Department of Corrections
MOTION: DO PASS HB 1022
Moved by: Gibson
Second by: Nelson (Stace)
Action: Prevailed by roll call vote. (8-2-3-0)
Voting Yes: Feinstein, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Turbiville, Gosch, Hunt
Voting No: Russell, Tornow
Excused: Abdallah, Boomgarden, Killer
HB 1023: repeal and revise certain provisions relating to the Department of
Corrections.
Presented by: Laurie Feiler, Department of Corrections
MOTION: DO PASS HB 1023
Moved by: Kopp
Second by: Gibson
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: Feinstein, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow, Turbiville,
Gosch, Hunt
Excused: Abdallah, Boomgarden, Killer
HB 1025: make aggravated incest a violent crime for purposes of setting an initial
parole date.
Presented by: Laurie Feiler, Department of Corrections
MOTION: DO PASS HB 1025
Moved by: Abdallah
Second by: Hansen (Jon)
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Excused: Boomgarden, Killer
HB 1045: revise various trust provisions.
Presented by: Bret Afdahl, SD Division of Banking
Proponents: Pat Getzinger, Governor's Trust Task Force
MOTION: DO PASS HB 1045
Moved by: Gosch
Second by: Turbiville
Action: Failed by roll call vote. (6-5-2-0)
Voting Yes: Abdallah, Feinstein, Russell, Turbiville, Gosch, Hunt
Voting No: Gibson, Hansen (Jon), Kopp, Nelson (Stace), Tornow
Excused: Boomgarden, Killer
MOTION: DEFER HB 1045 UNTIL FRIDAY, JANUARY 20, 2012
Moved by: Gosch
Second by: Abdallah
Action: Prevailed by voice vote.
HB 1039: exempt certain impaired driving violations from the statutory limitation on
enhanced penalties for second, third, or subsequent violations.
Presented by: Lee Axdahl, Department of Public Safety
Proponents: Paul Bachand, Department of Public Safety
Lori Ehlers, Self, Aberdeen
Kelly Marnette, Self, Pierre
Opponents: Lindsey Riter-Rapp, SD Association Criminal Defense Lawyers
MOTION: DO PASS HB 1039
Moved by: Abdallah
Second by: Gibson
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Abdallah, Gibson, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow, Turbiville,
Hunt
Voting No: Feinstein, Gosch
Excused: Boomgarden, Killer
MOTION: ADJOURN
Moved by: Hansen (Jon)
Second by: Gibson
Action: Prevailed by voice vote.
Bonnie Fischer
____________________________
Committee Secretary
Roger W. Hunt, Chair
../01131000.HJU
Page 1