91
st Legislative Session _ 2016
Committee: House Judiciary
Friday, February 05, 2016
P - Present
E - Excused
A - Absent
Roll Call
P DiSanto
P Gibson
P Haugaard
P Hunt
P Johns
P Killer
E Langer
E Latterell
P Peterson (Kent)
P Russell
E Westra
P Stevens, Vice-Chair
P Mickelson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mark Mickelson, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 3, 2016
Moved by: Peterson (Kent)
Second by: Hunt
Action: Prevailed by voice vote.
HB 1088: revise and consolidate certain civil forfeiture provisions.
Presented by: Representative Haggar (Don)
Proponents: Jeromy Pankratz, Attorney General
Lindsey Riter-Rapp also spoke to the proposed amendment
MOTION: AMEND HB 1088
1088yb
On page 1, line 8, of the printed bill, delete "this Act" and insert "chapters 34-20B or 22-24A".
On page 2, line 3, before "this" insert "the chapters listed in section 20 of".
On page 2, line 5, delete "section 21 of this Act" and insert "subdivision 34-20B-70(4) or 22-24A-15(4)".
On page 2, line 8, delete "of the crimes listed in" and insert "any crime in the chapters listed in
section 20 of".
On page 2, line 10, delete "section 22" and insert "subdivision 34-20B-70(4) or 22-24A-15(4)".
On page 2, line 17, delete "listed in" and insert "in the chapters listed in section 20 of".
On page 2, line 19, delete "section 22 of this Act" and insert "subdivision 34-20B-70(4) or 22-24A-15(4)".
On page 2, line 23, delete "listed in" and insert "in the chapters listed in section 20 of".
On page 3, line 23, delete "listed in this chapter" and insert "in the chapters listed in section 20
of this Act".
On page 4, line 3, delete "14, 15, or 23" and insert "14 or 15".
On page 4, line 16, delete everything after "subdivisions" and insert "34-20B-70(4), (6), and (7)
or 22-24A-15(4), (6), and (7), or section 1".
On page 5, line 7, delete "in a crime listed in this Act" and insert "of a crime".
On page 5, line 13, delete "section 21 of this Act" and insert "subdivisions 34-20B-70(2), (3), (5),
(6), and (7) or 22-24A-15(2), (3), (5), (6), and (7)".
On page 6, line 1, delete "or section 22 of this Act" and insert "of this Act or subdivision 34-20B-70(4) or 22-24A-15(4)".
On page 8, line 11, delete "Bureau of Narcotics and Dangerous Drugs" and insert "Division of
Criminal Investigation".
On page 8, delete lines 14 to 24, inclusive, and insert:
" Section 21. That § 34-20B-70 be amended to read:
34-20B-70. The following are subject to forfeiture pursuant to this Act and no property right exists
in them:
(1) All controlled drugs and substances and marijuana which have been manufactured,
distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter
22-42;
(2) All raw materials, products, and equipment of any kind which are used or intended for use,
in manufacturing, compounding, processing, importing, or exporting any controlled drug or
substance or marijuana in violation of the provisions of this chapter or chapter 22-42;
(3) All property which is used, or intended for use, as a container for property described in
subdivisions (1) and (2);
(4) All conveyances including aircraft, vehicles, or vessels, which transport, possess, or conceal,
or which are used, or intended for use, to transport, or in any manner facilitate the
transportation, sale, receipt, possession, or concealment of marijuana in excess of one-half
pound or any quantity of any other property described in subdivision (1) or (2), except as
provided in §§ 34-20B-71 to 34-20B-73, inclusive. This subdivision includes those
instances in which a conveyance transports, possesses or conceals marijuana or a controlled
substance as described herein without the necessity of showing that the conveyance is
specifically being used to transport, possess, or conceal or facilitate the transportation,
possession, or concealment of marijuana or a controlled substance in aid of any other
offense;
(5) All books, records, and research, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this chapter;
(6) Any funds or other things of value used for the purposes of unlawfully purchasing,
attempting to purchase, distributing, or attempting to distribute any controlled drug or
substance or marijuana;
(7) Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful
purchase, attempted purchase, distribution, or attempted distribution of any controlled drug
or substance or marijuana.
Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited
to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under
the terms of section 14 of this Act, and property described in subdivision (4) is subject to forfeiture
under the terms of section 15 of this Act.
Section 22. That § 22-24A-15 be amended to read:
22-24A-15. Any person who is convicted of an offense under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive,
and 22-23-2, 22-23-8, and 22-23-9 shall forfeit to the state, pursuant to this Act, the person's interest
in the following and no property right exists in them:
(1) Any photograph, film, videotape, book, digital media or visual depiction that has been
manufactured, distributed, purchased, possessed, acquired, or received in violation of §§ 22-
19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(2) Any material, product, and equipment of any kind that is used or intended for use in
manufacturing, processing, publishing, selling, possessing, or distributing any visual
depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(3) Any property that is used, or intended for use, as a container for property described in
subdivisions (1) and (2) of this section, including any computers and digital media;
(4) Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal,
or that is used, or intended for use, to transport, or in any manner facilitate any activity
proscribed under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(5) Any book, record, and research, including microfilm, tape, and data that is used, or intended
for use, in violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1
to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;
(6) Any funds or other things of value used for the purposes of unlawfully carrying out any
activity proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1
to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8,
and 22-23-9; and
(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful
activity proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1
to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8,
and 22-23-9.
Any property described in subdivision (1) of this section shall be deemed contraband and shall be
summarily forfeited to the state. Any other property seized and forfeited shall be used to reimburse the
actual costs of the criminal investigation and prosecution. Any amount over and above the amount
necessary to reimburse for the investigation and prosecution shall be used to satisfy any civil judgments
received by victims. All remaining proceeds from the sale of any forfeited property shall be paid into
the South Dakota internet crimes against children fund. Property described in subdivisions (2), (3), (5),
(6), and (7) is subject to forfeiture under the terms of section 14 of this Act, and property described in
subdivision (4) is subject to forfeiture under the terms of section15 of this Act. ".
Delete pages 9 to 12, inclusive
On page 13, delete line 1.
On page 17, delete lines 14 to 24, inclusive.
On page 18, delete lines 1 to 8, inclusive.
On page 20, delete lines 19 to 24, inclusive.
Delete page 21.
On page 22, delete lines 1 to 8, inclusive.
Moved by: Russell
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1088 AS AMENDED
Moved by: Russell
Second by: Hunt
Action: Withdrawn.
MOTION: DEFER HB 1088 UNTIL ANOTHER LEGISLATIVE DAY
Moved by: Stevens
Second by: Hunt
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Killer, Peterson (Kent), Russell, Stevens,
Mickelson
Excused: Langer, Latterell, Westra
HB 1064: apply certain penalties regarding damages, tampering, and malicious acts to certain
railroads that carry passengers.
Presented by: Representative Verchio
MOTION: AMEND HB 1064
1064fa
On page 1, line 5, of the printed bill, delete "§§ 49-16A-105 to 49-16A-109, inclusive," and insert
"§§ 49-16A-107 and 49-16A-108".
On page 1, line 7, before "." insert "and the person owns, leases, or uses a minimum of five miles
of railroad track".
Moved by: Gibson
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1064 AS AMENDED
Moved by: Johns
Second by: Haugaard
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Killer, Peterson (Kent), Russell, Stevens,
Mickelson
Excused: Langer, Latterell, Westra
HB 1105: give the court discretion to grant a continuance of a protection order in certain
situations.
Presented by: Representative Johns
Proponents: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1105
Moved by: Stevens
Second by: Gibson
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Killer, Peterson (Kent), Russell, Stevens,
Mickelson
Excused: Langer, Latterell, Westra
MOTION: PLACE HB 1105 ON CONSENT CALENDAR
Moved by: Stevens
Second by: Gibson
Action: Prevailed by voice vote.
HB 1183: revise certain provisions regarding the jurisdiction of magistrate courts to issue
protection orders.
Presented by: Representative Johns
Proponents: Greg Sattizahn, Unified Judicial System
Matt Konenkamp, Governor's Office
MOTION: AMEND HB 1183
1183ra
On page 1, line 10, of the printed bill, delete everything before "." and insert "22-19A or 25-10".
Moved by: Gibson
Second by: Hunt
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1183 AS AMENDED
Moved by: Haugaard
Second by: Gibson
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: DiSanto, Gibson, Haugaard, Hunt, Johns, Killer, Peterson (Kent), Russell, Stevens,
Mickelson
Excused: Langer, Latterell, Westra
MOTION: PLACE HB 1183 ON CONSENT CALENDAR
Moved by: Stevens
Second by: Russell
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Haugaard
Second by: Gibson
Action: Prevailed by voice vote.
Liz Markley
____________________________
Committee Secretary
G. Mark Mickelson, Chair
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