89^th Legislative Session _ 2014

Committee: Senate Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bradford
P    Hunhoff (Jean)
P    Kirkeby
P    Monroe
P    Vehle
P    Begalka, 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, FEBRUARY 4, 2014.

Moved by:    Kirkeby
Second by:    Vehle
Action:    Prevailed by voice vote.

    SB 25: establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.

Previous testimony on SB 25 was heard on Tuesday, January 28, 2014.

Presented by:    Marty Jackley, Attorney General
Proponents:    Jeromy Pankratz, Attorney General
        Paul Bachand, SD State's Attorneys Association
        Mark Chase, SD Family Policy Council
        Dale Bartscher, Family Heritage Alliance Action Incorporated

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MOTION:    DO PASS SB 25

Moved by:    Hunhoff (Jean)
Second by:    Monroe
Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Bradford, Hunhoff (Jean), Kirkeby, Monroe, Vehle, Begalka

Voting No:    Tieszen

MOTION:    SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF DON HOLLOWAY OF PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Presented by:    Marty Jackley, Attorney General

Moved by:    Vehle
Second by:    Kirkeby
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Bradford, Hunhoff (Jean), Kirkeby, Monroe, Vehle, Begalka, Tieszen

MOTION:    PLACE REAPPOINTMENT ON CONSENT CALENDAR

Moved by:    Begalka
Second by:    Vehle
Action:    Prevailed by voice vote.


MOTION:    SENATE ADVISE AND CONSENT TO THE REAPPOINTMENT OF BRIAN ZEEB OF HUGHES COUNTY, PIERRE, SOUTH DAKOTA, TO THE SOUTH DAKOTA INTERSTATE COMMISSION FOR ADULT OFFENDER SUPERVISION

Presented by:    Marty Jackley, Attorney General

Moved by:    Bradford
Second by:    Monroe
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Bradford, Hunhoff (Jean), Kirkeby, Monroe, Vehle, Begalka, Tieszen

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MOTION:    PLACE REAPPOINTMENT ON CONSENT CALENDAR
Moved by:    Vehle
Second by:    Hunhoff
Action:    Prevailed by voice vote.

MOTION:    SENATE ADVISE AND CONSENT TO THE APPOINTMENT OF GREG ERLANDSON OF PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Presented by:    Marty Jackley, Attorney General

Moved by:    Monroe
Second by:    Kirkeby
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Bradford, Hunhoff (Jean), Kirkeby, Monroe, Vehle, Begalka, Tieszen

MOTION:    PLACE APPOINTMENT ON CONSENT CALENDAR (Erlandson)
Moved by:    Kirkeby
Second by:    Hunhoff
Action:    Prevailed by voice vote.

    SB 4: ensure, by service, notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

Previous testimony on SB 4 was heard on Tuesday, January 28, 2014.

Presented by:    Senator Deb Soholt
Proponents:    Representative Mike Stevens
        Kimberly Zachrison, Beadle County Deputy States Attorney, self

MOTION:    AMEND SB 4

4ja

    On page 1, line 8, of the printed bill, after "States" delete ",".

    On page 1, line 9, delete "and duly served on the respondent by the issuing jurisdiction,".

    On page 2, line 3, before "has" insert "is or".

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Moved by:    Vehle
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 4 AS AMENDED

Moved by:    Kirkeby
Second by:    Vehle
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Bradford, Hunhoff (Jean), Kirkeby, Monroe, Vehle, Begalka, Tieszen

MOTION:    AMEND TITLE OF SB 4

    On page 1, line 1, of the printed bill, delete ", by service," and insert "constructive".

Moved by:    Kirkeby
Second by:    Hunhoff (Jean)
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND TITLE OF SB 4

4rtb

    On page 1, line 1, of the printed bill, delete ", by service,".

Moved by:    Begalka
Second by:    Bradford
Action:    Prevailed by voice vote.

    SB 6: establish the crime of committing certain acts of domestic abuse in the presence of a minor child.

Previous testimony on SB 6 was heard on Tuesday, January 28, 2014.

Presented by:    Senator Deb Soholt
Proponents:    Representative Mike Stevens

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        Dianna Miller, SD Network Against Family Violence and Sexual Assault
        Paul Bachand, SD State's Attorneys Association
        Staci Eggert, SD Sheriff's Association
        Holly Strand, self, Rapid City
Opponents:    Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers


Senator Tieszen recessed the committee at 10:00 a.m. and reconvened it at 12:30 p.m.

MOTION:    AMEND SB 6

    On page 1 of the printed bill, delete lines 8 to 11, inclusive.

Moved by:    Kirkeby
Second by:    Vehle
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 6 AS AMENDED

Moved by:    Kirkeby
Second by:    Vehle
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Hunhoff (Jean), Kirkeby, Vehle, Begalka, Tieszen

Voting No:    Bradford, Monroe

MOTION:    ADJOURN

Moved by:    Bradford
Second by:    Monroe
Action:    Prevailed by voice vote.

                    

Rena Ortbahn

Committee Secretary

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