Senate Judiciary Minutes 2/20/2008 10:00 AM

2008 Legislative Session _ 2008

Committee: Senate Judiciary

Wednesday, February 20, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah, Chair
P    Albers
P    Heidepriem
P    Knudson, Vice-Chair
P    Schmidt (Dennis)
P    Turbak Berry
P    Koetzle

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair.

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 15, 2008

Moved by:    Heidepriem
Second by:    Albers
Action:    Prevailed by voice vote.

         HB 1149: extend the period of time a protection order granted upon a finding of domestic abuse may remain in effect.

Presented by:    Representative David Novstrup
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Scott Swier, Office of Attorney General
        Caitlin Collier, SD Advocacy Network for Women

MOTION:     AMEND HB 1149

On page 1, line 13, of the printed bill, overstrike "either or both of the parties" and insert " the abusing party ".

On page 2, line 4, overstrike "parties" and insert " abusing party ".

Moved by:    Koetzle
Second by:    Albers
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1149 AS AMENDED

Moved by:    Koetzle
Second by:    Albers
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak Berry, Koetzle

MOTION:     AMEND TITLE OF HB 1149

On page 1, line 1, of the printed bill, delete "extend the period of time a protection order" and insert "revise certain provisions regarding protection orders".

On page 1, line 2, delete "may remain in effect".

Moved by:    Koetzle
Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     PLACE HB 1149 ON CONSENT CALENDAR

Moved by:    Koetzle
Second by:    Turbak Berry
Action:    Prevailed by voice vote.

         HB 1157: revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

Presented by:    Representative Richard Engels

Proponents:    Caitlin Collier, SD Advocacy Network for Women

MOTION:     DO PASS HB 1157

Moved by:    Koetzle
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Schmidt (Dennis), Koetzle

Excused:    Knudson, Turbak Berry

MOTION:     PLACE HB 1157 ON CONSENT CALENDAR

Moved by:    Heidepriem
Second by:    Koetzle
Action:    Prevailed by voice vote.

         HB 1173: revise certain provisions pertaining to the effect of suspended impositions of sentence on parole eligibility of certain offenders.

Presented by:    Senator Tom Hansen (handout #1)
Proponents:    Paul Bachand, SD States Attorneys Association
        Laurie Feiler, Department of Corrections

MOTION:     DO PASS HB 1173

Moved by:    Albers
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Excused:    Turbak Berry

         HB 1201: revise certain provisions regarding the placement or return of abused or neglected children.

Presented by:    Representative Joni Cutler
Proponents:    Kim Malsam-Rysdon, Department of Social Services
        Susan Randall, SD Voices For Children

MOTION:     DO PASS HB 1201

Moved by:    Heidepriem
Second by:    Knudson
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Excused:    Turbak Berry

MOTION:     PLACE HB 1201 ON CONSENT CALENDAR

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by voice vote.

         HB 1100: create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

Presented by:    Representative Mike Vehle
Proponents:    Representative Margaret Gillespie
        Caitlin Collier, SD Advocacy Network for Women

MOTION:     AMEND HB 1100

On page 2, line 3, of the House engrossed bill, delete "domestic abuse" and insert "physical harm or bodily injury to a family or household member".

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Abdallah, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Voting No:    Albers

Excused:    Turbak Berry

MOTION:     AMEND HB 1100

On page 2, line 2, of the House engrossed bill, after "parent" delete ",".

On page 2, line 3, delete everything after "abuse" .

On page 2, line 4, delete everything before "." .

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Abdallah, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Voting No:    Albers

Excused:    Turbak Berry

MOTION:     DO PASS HB 1100 AS AMENDED

Moved by:    Knudson
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis)

Voting No:    Koetzle

Excused:    Turbak Berry

Chair Abdallah passed the gavel to Vice-Chair Knudson.

         HB 1238: revise the limitation period for commencing child abuse prosecutions.

Presented by:    Representative Margaret Gillespie
Proponents:    Virgena Wieseler, Department of Social Services

MOTION:     DO PASS HB 1238

Moved by:    Heidepriem
Second by:    Albers

Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Albers, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Excused:    Abdallah, Turbak Berry

         HB 1239: permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

Presented by:    Representative Margaret Gillespie
Proponents:    Scott Swier, Office of Attorney General

MOTION:     DO PASS HB 1239

Moved by:    Abdallah
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Excused:    Turbak Berry

Vice-Chair Knudson returned the gavel to Chair Abdallah.

         HB 1162: prohibit the branding of a minor and to provide a penalty therefor.

Presented by:    Representative Joni Cutler
Proponents:    Susan Randall, SD Voices For Children

MOTION:     AMEND HB 1162

On page 1, line 9, of the printed bill, after "design." insert "It is not a violation of this Act to tattoo a minor in compliance with the provisions of § 26-10-19. It is not a violation of this Act to pierce any part of a minor's body for the purpose of jewelry or adornment with consent.".

Moved by:    Knudson
Second by:    Albers
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1162 AS AMENDED

Moved by:    Albers
Second by:    Knudson
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Koetzle

Excused:    Turbak Berry

MOTION:     PLACE HB 1162 ON CONSENT CALENDAR

Moved by:    Knudson
Second by:    Koetzle
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Koetzle
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary

Gene G. Abdallah, Chair

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