91
st Legislative Session _ 2016
Committee: Senate Judiciary
Tuesday, February 16, 2016
P - Present
E - Excused
A - Absent
Roll Call
P Bradford
P Heinert
P Monroe
P Rusch
P Vehle
P Novstrup (David), Vice-Chair
P Tieszen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Novstrup, Vice Chair.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 11TH.
Moved by: Rusch
Second by: Monroe
Action: Prevailed by voice vote.
SB 140: eliminate life sentences without parole for defendants under the age of eighteen at
the time of the crime.
See previous minutes of Thursday, February 11 for further testimony.
Proponents: Lindsey Riter-Rapp, SD Association of Criminal Defense Attorneys
Elizabeth Skarin, American Civil Liberties Union
Opponents: Charles Mcguigan, Office of Attorney General
Paul Bachand, States Attorney Association
MOTION: AMEND SB 140
140ya
On page 3, line 2, of the printed bill, delete "without parole".
Moved by: Vehle
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: DO PASS SB 140 AS AMENDED
Moved by: Heinert
Second by: Bradford
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Bradford, Heinert, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Monroe
MOTION: AMEND TITLE OF SB 140
140yta
On page 1, line 1, of the printed bill, delete "without parole".
Moved by: Heinert
Second by: Bradford
Action: Prevailed by voice vote.
SB 96: increase the pay for members of the Board of Pardons and Paroles.
Presented by: Senator Tieszen
Opponents: Brittni Skipper, Bureau of Finance & Management
MOTION: REFER SB 96 TO JOINT COMMITTEE ON APPROPRIATIONS DO PASS
RECOMMENDATION
Moved by: Rusch
Second by: Monroe
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Heinert, Monroe, Rusch, Novstrup (David), Tieszen
Excused: Vehle
SB 97: provide for the automatic removal of all Class 2 misdemeanor convictions from
background check records after ten years under certain conditions.
Presented by: Senator Tieszen
Proponents: Greg Sattizahn, Unified Judicial System
Lindsey Riter-Rapp, SD Association of Criminal Defense Attorneys
Laurie Feiler, Department of Corrections
Dale Bartscher, Family Heritage Alliance
MOTION: AMEND SB 97
97yb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 23A-3 be amended by adding a NEW SECTION to read:
Any charge or conviction resulting from a case where a petty offense, municipal ordinance
violation or a Class 2 misdemeanor was the highest charged offense shall be automatically removed
from a defendant's public record after ten years if all court-ordered conditions on the case have been
satisfied. However, the case record will remain available to court personnel or as authorized by order
of the court."
Moved by: Rusch
Second by: Bradford
Action: Prevailed by voice vote.
MOTION: DO PASS SB 97 AS AMENDED
Moved by: Bradford
Second by: Rusch
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF SB 97
97ytb
On page 1, line 1, of the printed bill, after "all" insert "petty offenses, municipal ordinance
violations, and".
Moved by: Heinert
Second by: Bradford
Action: Prevailed by voice vote.
SJR 3: Proposing and submitting to the electors at the next general election amendments to
Article III of the Constitution of the State of South Dakota, revising the procedure for filling
a vacancy in either house of the Legislature.
Presented by: Senator Hunhoff (Bernie)
Proponents: Senator Sutton
MOTION: DO PASS SJR 3
Moved by: Heinert
Second by: Bradford
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SJR 3 TO THE 41
ST LEGISLATIVE DAY
Moved by: Tieszen
Second by: Monroe
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Bradford, Heinert
MOTION: RECESS UNTIL NOON.
Moved by: Rusch
Second by: Monroe
Action: Prevailed by voice vote.
SB 142: authorize certain disclosures of mental health information to law enforcement.
Presented by: Senator Soholt
Proponents: Steve Lindquist, Avera Health
Dave Braun, National Alliance of Mental Illness (Handouts: #1)
Scott Duke, SD Association of Healthcare Organizations
Terrance Dosch, SD Council of Mental Health Centers
Staci Ackerman, South Dakota Sheriffs Association
Laurie Martinec, SD Police Chiefs Association
MOTION: DO PASS SB 142
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Excused: Heinert
MOTION: PLACE SB 142 ON CONSENT CALENDAR
Moved by: Monroe
Second by: Tieszen
Action: Prevailed by voice vote.
HB 1183: revise certain provisions regarding the jurisdiction of magistrate courts to issue
protection orders.
Presented by: Senator Rusch
Proponents: Matt Konenkamp, Governor's Office
Suzanne Starr, Unified Judicial System
MOTION: AMEND HB 1183
1183oa
On page 1, line 10, of the House Judiciary Committee engrossed bill, before "Any" insert
"However, a magistrate court with a magistrate judge presiding may not make any child custody
decisions.".
Moved by: Tieszen
Second by: Monroe
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1183 AS AMENDED
Moved by: Monroe
Second by: Vehle
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Excused: Heinert
MOTION: PLACE HB 1183 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by voice vote.
HB 1105: give the court discretion to grant a continuance of a protection order in certain
situations.
Presented by: Senator Rusch
MOTION: DO PASS HB 1105
Moved by: Vehle
Second by: Bradford
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Bradford, Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Excused: Heinert
MOTION: PLACE HB 1105 ON CONSENT CALENDAR
Moved by: Monroe
Second by: Tieszen
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Tieszen
Second by: Monroe
Action: Prevailed by voice vote.
Marilyn Seymour
____________________________
Committee Secretary
Craig Tieszen, Chair
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