Committee: Senate Judiciary
Tuesday, February 07, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Vehle
P Nygaard
P Hunhoff (Jean)
P Buhl
P Begalka
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 THURSDAY, FEBRUARY 2, 2012
Moved by: Buhl
Second by: Hunhoff (Jean)
Action: Prevailed by voice vote.
SB 132: define vehicular homicide and vehicular battery as crimes of violence.
Presented by: Senator Dan Lederman
Proponents: Paul Bachand, SD State's Attorneys Association
Ryan Sage, self, Sioux Falls
Opponents: Jay Davis, self, Rapid City
Jason Glodt, Office of the Governor
MOTION: DEFER SB 132 TO THE 41ST LEGISLATIVE DAY
Moved by: Begalka
Second by: Buhl
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Vehle, Nygaard, Hunhoff (Jean), Buhl, Begalka, Cutler, Tieszen
SB 135: revise the elements of the crimes of vehicular homicide and vehicular
battery.
Presented by: Senator Dan Lederman
Proponents: Ryan Sage, self, Sioux Falls
Paul Bachand, SD State's Attorneys Association
Opponents: Jay Davis, self, Rapid City (Handout: #1)
Roger Tellinghuisen, SD Trial Lawyers Association
Jason Glodt, Office of the Governor
MOTION: DEFER SB 135 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Buhl
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Vehle, Nygaard, Hunhoff (Jean), Buhl, Cutler
Voting No: Begalka, Tieszen
SB 133: establish the criminal offense of aggravated disorderly conduct and to
provide a penalty therefor.
Presented by: Senator Dan Lederman
Proponents: James Heeren, self, North Sioux City
Bill Pappas, self, North Sioux City
Paul Bachand, SD State's Attorneys Association
Yvonne Taylor, SD Police Chiefs Association
Opponents: Roger Tellinghuisen, SD Trial Lawyers Association
Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
Jason Glodt, Office of the Governor
MOTION: DEFER SB 133 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Buhl
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Vehle, Nygaard, Hunhoff (Jean), Buhl, Cutler, Tieszen
Voting No: Begalka
SB 134: establish or revise the elements of the criminal offenses of obstructing an
officer, refusing the lawful order of a law enforcement officer, and fleeing the scene
of a potential investigation, and to provide penalties therefor.
Presented by: Senator Dan Lederman
Proponents: James Heeren, self, North Sioux City
Senator Tieszen, Chair recessed the meeting at 9:50 a.m. and reconvened the meeting at 12:20.
Proponents continued:
Paul Bachand, SD State's Attorneys Association
Opponents: Jason Glodt, Office of the Governor
Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
MOTION: DEFER SB 134 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Buhl
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 134
On page 2 of the printed bill, delete lines 6 to 17, inclusive.
Moved by: Vehle
Second by: Begalka
Action: Failed by roll call vote. (2-5-0-0)
Voting Yes: Vehle, Begalka
Voting No: Nygaard, Hunhoff (Jean), Buhl, Cutler, Tieszen
MOTION: DEFER SB 134 TO THE 41
ST LEGISLATIVE DAY
Moved by: Cutler
Second by: Buhl
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Vehle, Nygaard, Hunhoff (Jean), Buhl, Cutler, Tieszen
Voting No: Begalka
SB 183: establish the elements of the offense of juvenile sexting and to provide a
penalty therefor.
Presented by: Senator Mike Vehle
Proponents: W. Jesse Weins, self, Mitchell
THE CHAIR DEFERRED SB 183 UNTIL THURSDAY, FEBRUARY 9, 2012
THE CHAIR DEFERRED SB 146 UNTIL THURSDAY, FEBRUARY 9, 2012
MOTION: ADJOURN
Moved by: Buhl
Second by: Cutler
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Craig Tieszen, Chair
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