Conference Committee Minutes HB 1064

2008 Legislative Session _ 2008

Committee: 1064, A, 2/21/2008 10:00:00 AM

Thursday, February 21, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Turbak Berry
P    Albers
P    Abdallah, Chair
P    Peters
P    Gillespie
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Cutler.

         HB 1064: revise the crime of aggravated incest.

Proponents:    Scott Swier, Office of Attorney General

MOTION:     AMEND HB 1064

On the Senate engrossed bill, delete everything after the enacting clause and insert:

"
Section 1.That § 22-22A-3 be amended to read as follows:

22-22A-3. Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either :

(1) ~~Is at least sixteen but less than eighteen years of age; and~~

~~(2) Is either:~~

~~(a)~~ The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or

~~(b)~~ (2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

Section 2. That chapter 22-22A be amended by adding thereto a NEW SECTION to read as follows:

Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

(1) The licensed foster care provider; or

(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

Aggravated incest is a Class 3 felony."

Moved by:    Gillespie
Second by:    Peters
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1064 AS AMENDED

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

Voting Yes:    Turbak Berry, Albers, Abdallah, Peters, Gillespie, Cutler

MOTION:     ADJOURN

Moved by:    Peters
Second by:    Gillespie
Action:    Prevailed by voice vote.

Linda Daugaard

____________________________

Committee Secretary

Joni M. Cutler, Chair