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 TUESDAY, FEBRUARY 16.
Moved by: Monroe
Second by: Vehle
Action: Prevailed by voice vote.
MOTION: SENATE ADVISE AND CONSENT TO THE APPOINTMENT OF CHARLES P.
SCHROYER OF HUGHES COUNTY, PIERRE, SOUTH DAKOTA, TO THE
BOARD OF PARDONS AND PAROLES
Moved by: Rusch
Second by: Vehle
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Bradford, Monroe, Rusch, Vehle, Novstrup (David)
Excused: Heinert, Tieszen
MOTION: PLACE APPOINTMENT ON CONSENT CALENDER
" Section 1. That subdivision (9) of § 22-1-2 be amended to read:
24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of life or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have an initial parole date set by the department. This date shall be calculated by applying the percentage indicated in the following grid to the full term of the inmate's sentence pursuant to § 22-6-1. The following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit, any of the following crimes shall be considered a violent crime for purposes of setting an initial parole date: murder, manslaughter, aggravated vehicular homicide, rape, aggravated assault, riot, robbery, burglary in the first degree or burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony sexual contact as defined in § 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an obscene act, felony assault as defined in § 22-18-26, felony
simple assault as defined in § 22-18-1, commission of a felony while armed as defined in §§ 22-14-12 and 22-14-13.1, discharging a firearm at an occupied structure or motor vehicle as defined in
§ 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal
pedophilia as defined in § 22-22-30.1, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in
§§ 22-22A-3 and 22-22A-3.1:
Felony Convictions
|
|||
Felony Class
|
First
|
Second
|
Third
|
Nonviolent | |||
Class 6 | .25 | .30 | .40 |
Class 5 | .25 | .35 | .40 |
Class 4 | .25 | .35 | .40 |
Class 3 | .30 | .40 | .50 |
Class 2 | .30 | .40 | .50 |
Class 1 | .35 | .40 | .50 |
Class C | .35 | .40 | .50 |
Violent
|
|||
Class 6 | .35 | .45 | .55 |
Class 5 | .40 | .50 | .60 |
Class 4 | .40 | .50 | .65 |
Class 3 | .50 | .60 | .70 |
Class 2 | .50 | .65 | .75 |
Class 1 | .50 | .65 | .75 |
Class C | .50 | .65 | .75 |
Class B | 1.0 | 1.0 | 1.0 |
Class A | 1.0 | 1.0 | 1.0 |
a life sentence only after the sentence is commuted to a term of years. A Class A or B felony
commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate
convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a
sentence of less than life shall be applied to the Class C violent column of the grid.
Section 3. That chapter 22-16 be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
MOTION: DEFER SB 145 TO THE 41ST LEGISLATIVE DAY
Moved by: Vehle
Second by: Novstrup (David)
Moved by: Vehle
Second by: Novstrup (David)
Action: PREVAILED BY ROLL CALL VOTE. (5-2-0-0)
Voting Yes: Monroe, Rusch, Vehle, Novstrup (David), Tieszen
Voting No: Bradford, Heinert
SB 157: provide additional regulations for commercial breeding operations.
Presented by: Senator Buhl O'Donnell
Proponents: Melissa John, Sioux Falls, Self
Jamie Al-Haj, Rapid City, Self
Tanya Sabin, Rapid City, Self
Opponents: Dr. Dustin Oedekoven, State Veterinarian
Dick Tieszen, South Dakota Sheriff's Association
Gary Sanborn, Madison, Self
Jean Gortmaker, St. Lawrence, Self
Mike Held, Dakota Pet Breeders
THE CHAIR DEFERRED SB 157 UNTIL LATER TODAY
THE CHAIR RECESSED THE MEETING UNTIL 3:30 P.M. TODAY OR 10 MINUTES AFTER
SESSION ADJOURNS.
Marilyn Seymour