93
rd Legislative Session _ 2018
Committee: House State Affairs
Wednesday, February 14, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Beal
P DiSanto
P Haugaard
P Hawley
P Heinemann
P Latterell
P Lust
P Mickelson
P Peterson (Kent)
P Rozum
P Qualm, Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 12, 2018
Moved by: Qualm
Second by: Haugaard
Action: Prevailed by voice vote.
MOTION: RECONSIDER HB 1132
Moved by: DiSanto
Second by: Peterson (Kent)
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Bartling, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Peterson (Kent),
Rozum, Qualm, Rhoden
Voting No: Beal
Excused: Mickelson
MOTION: REFER HB 1132 TO JUDICIARY That HB1132 be reconsidered and brought up for
immediate consideration pursuant to JR 7-1.5
Moved by: Qualm
Second by: Rozum
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Bartling, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Peterson (Kent),
Rozum, Qualm, Rhoden
Voting No: Beal
Excused: Mickelson
HB 1319: adopt the Interstate Compact for the Temporary Licensure of Professionals.
Presented by: Ellie Bailey, Governor's Office
Proponents: Deb Fischer-Clemens, Avera Health
Senator Peters
David Owen, SD Chamber of Commerce & Industry
Lorin Pankratz, Sanford Health
Jeremiah Murphy, Regional Healthcare Rapid City
Terrance Dosch, South Dakota Council of Mental Health Centers, Inc.
Terrance Dosch, South Dakota Council of Substance Abuse Directors, Inc.
Maynard Konechne, South Dakota Emergency Medical Services Assn.
Andrew Curley, Americans for Prosperity
Opponents: Justin Bell, Design Professionals Coalition (Handouts: #1,2)
Paul Knecht, South Dakota Dental Association
Deb Mortenson, South Dakota Chiropractors Association
Deb Mortenson, South Dakota Optometric Society
Margo Northrup, SD Pharmacist Association
Justin Smith, AIA South Dakota
Jenae Hansen, National Association of Social Workers-South Dakota
Dean Krogman, SD State Medical Association
Donald Jacobson, SD Society of Professional Land Surveyors
Phil Gundvaldson, self, Sioux Falls
Derek McTighe, ACEC
Representative Heinemann
MOTION: DO PASS HB 1319
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: DiSanto, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden
Voting No: Bartling, Beal, Haugaard, Hawley, Heinemann
A fiscal note was requested by Representative Rhoden, Chair
HJR 1004: Proposing and submitting to the electors at the next general election a
Constitutional amendment to repeal certain provisions relating to the rights of crime victims.
Presented by: Representative Mickelson
Proponents: Mark Vargo, Pennington County State's Attorney, self
Staci Ackerman, South Dakota Sheriff's Association
Erinn Mahathey, Marcy's Law, Pierre
Krista Heeren Graber, self, Sioux Falls
Ellie Bailey, Governor's Office
Lynn Forbush, self, Watertown
Karen Raml, self, Watertown
David Bordewyk, South Dakota Newspaper Association
MOTION: AMEND HJR 1004
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On page 1 of the printed resolution, delete lines 10 and 11, and insert:
" Section 2. That Article VI, section 29 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 29. A victim shall have the following rights, beginning at the time of victimization:
1. The right to due process and to be treated with fairness and respect for the victim's dignity;
2. The right to be free from intimidation, harassment and abuse;
3. The right to be reasonably protected from the accused and any person acting on behalf of the
accused;
4. The right to have the safety and welfare of the victim and the victim's family considered when
setting bail or making release decisions;
5. The right
, upon request, to prevent the disclosure
to the public, or the defendant or anyone
acting on behalf of the defendant in the criminal case, of information or records that could be used
to locate or harass the victim or the victim's family, or which could disclose confidential or privileged
information about the victim, and to be notified of any request for such information or records
. This
does not limit law enforcement from sharing information with the public for the purposes of enlisting
the public's help in solving a crime;
6. The right
, upon request, to privacy, which includes the right to refuse an interview, deposition
or other discovery request, and to set reasonable conditions on the conduct of any such interaction
to which the victim consents;
7. The right
, upon request, to reasonable, accurate and timely notice of, and to be present at, all
proceedings involving the criminal or delinquent conduct, including release, plea, sentencing,
adjudication and disposition, and any proceeding during which a right of the victim is implicated;
8. The right
, upon request, to be promptly notified of any release or escape of the accused;
9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication,
disposition or parole, and any proceeding during which a right of the victim is implicated;
10. The right
, upon request, to confer with the attorney for the government;
11. The right to provide information regarding the impact of the offender's conduct on the victim
and the victim's family to the individual responsible for conducting any pre-sentence or disposition
sentence investigation report or plan of disposition, and to have any such information considered in
any sentencing or disposition recommendations;
12. The right
, upon request, to receive a copy of any pre-sentence report or plan of disposition,
and any other report or record relevant to the exercise of a victim's right, except for those portions
made confidential by law;
13. The right
, upon request, to the prompt return of the victim's property when no longer needed
as evidence in the case;
14. The right to full and timely restitution in every case and from each offender for all losses
suffered by the victim as a result of the criminal conduct and as provided by law for all losses
suffered as a result of delinquent conduct
. All monies and property collected from any person who
has been ordered to make restitution shall be first applied to the restitution owed to the victim before
paying any amounts owed to the government;
15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion
of the case and any related post-judgment proceedings;
16. The right
, upon request, to be informed of the conviction, adjudication, sentence, disposition,
place and time of incarceration, detention or other disposition of the offender, any scheduled release
date of the offender, and the release of or the escape by the offender from custody;
17. The right
, upon request, to be informed in a timely manner of all post-judgment processes and
procedures, to participate in such processes and procedures, to provide information to the release
authority to be considered before any release decision is made, and to be notified of any release
decision regarding the offender. Any parole authority shall extend the right to be heard to any person
harmed by the offender;
18. The right
, upon request, to be informed in a timely manner of clemency and expungement
procedures, to provide information to the Governor, the court, any clemency board and other
authority in these procedures, and to have that information considered before a clemency or
expungement decision is made, and to be notified of such decision in advance of any release of the
offender; and
19. The right to be informed of these rights, and to be informed that a victim can seek the advice
of an attorney with respect to the victim's rights. This information shall be made available to the
general public and provided to each crime victim in what is referred to as a Marsy's Card.
The victim, the retained attorney of the victim, a lawful representative of the victim, or the
attorney for the government, upon request of the victim, may assert and seek enforcement of the
rights enumerated in this section and any other right afforded to a victim by law in any trial or
appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The
court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by
due course of law for the violation of any right and ensuring that victims' rights and interests are
protected in a manner no less vigorous than the protections afforded to criminal defendants and
children accused of delinquency. The reasons for any decision regarding the disposition of a victim's
right shall be clearly stated on the record.
The granting of these rights to any victim shall ensure the victim has a meaningful role
throughout the criminal and juvenile justice systems and may not be construed to deny or disparage
other rights possessed by victims. All provisions of this section apply throughout criminal and
juvenile justice processes, are self-enabling and require no further action by the Legislature. The
Legislature, or the people by initiative or referendum, have the authority to enact substantive and
procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims
by this section.
As used in this section, the term, victim, means a person
who suffers direct or threatened
physical, psychological, or financial harm as a result of the commission or attempted commission
of a crime or delinquent act or against whom
the a crime or delinquent act is committed.
The In the
case of a victim who is killed or incapacitated as a result of the crime or delinquent act, or who is a
minor, the term also includes any spouse, parent,
child, sibling, or as designated by the court,
grandparent,
child, sibling, grandchild, or guardian
, and any person with a relationship to the victim
that is substantially similar to a listed relationship, and includes a lawful representative of a victim
who is deceased, incompetent, a minor, or physically or mentally incapacitated. The term does not
include the accused or a person whom the court finds would not act in the best interests of a
deceased, incompetent, minor or incapacitated victim.
Nothing in this section or any law enacted under this section creates a cause of action for
damages against the state or any political subdivision of the state, or any officer, employee, or agent
of the state or of any political subdivision of the state. ".
Delete pages 2 to 5, inclusive
Moved by: Haugaard
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: DO PASS HJR 1004 AS AMENDED
Moved by: Qualm
Second by: Beal
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Bartling, Beal, Haugaard, Hawley, Heinemann, Lust, Mickelson, Peterson (Kent),
Rozum, Qualm, Rhoden
Excused: DiSanto, Latterell
MOTION: AMEND TITLE OF HJR 1004
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On page 1, line 2, of the printed resolution, delete "repeal" and insert "revise".
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by voice vote.
HB 1162: increase a surcharge to increase revenues to the crime victims' compensation fund
and to revise certain provisions of the crime victim compensation program fund.
Presented by: Representative Reed
Proponents: Krista Heeren Graber, self, Sioux Falls
Mark Vargo, Pennington County State's Attorney, self
Eric Erickson, South Dakota Association of County Commissioners
Staci Ackerman, South Dakota Sheriff's Association
Dianna Miller, SD Network Against Family Violence & Sexual Assault
MOTION: DO PASS HB 1162
Moved by: Mickelson
Second by: Peterson (Kent)
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Bartling, Beal, Haugaard, Hawley, Heinemann, Lust, Mickelson, Peterson (Kent),
Rozum, Qualm, Rhoden
Excused: DiSanto, Latterell
HB 1174: revise certain provisions regarding rights for crime victims.
Presented by: Representative Mickelson
Proponents: Krista Heeren Graber, self, Sioux Falls
Mark Vargo, Pennington County State's Attorney, self
Staci Ackerman, South Dakota Sheriff's Association
Ellie Bailey, Governor's Office
MOTION: AMEND HB 1174
1174jd
On page 2 of the printed bill, delete lines 6 to 24, inclusive.
Delete pages 3 to 7, inclusive
On page 8, delete lines 1 to 5, inclusive.
On page 8, line 7, of the printed bill, before "No" insert "A victim may seek a cause of action
for injunctive relief to enforce the victim's rights under S.D. Const., Art. VI, § 29 or this chapter.".
On page 8, line 7, after "No" insert "other".
On page 8, delete lines 18 to 24, inclusive, and insert:
"
Nothing in this Act may prevent interagency multidisciplinary teams from sharing information
for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4,
in the course of the team member's speciality or occupation. Any information regarding a victim that
a team member shares with other team members shall remain confidential, pursuant to this title. A
team shall consist of law enforcement personnel, a representative of the prosecuting attorney's office,
licensed or certified medical professionals, and any victim advocate. Any interagency
multidisciplinary team formed to investigate crimes involving child victims shall also include child
advocacy center staff where such staff is available in the region, child protection team members, as
defined in § 26-8A-17, and licensed or certified mental health professionals. The team may include
additional members at the discretion of the team. Each multidisciplinary team shall have written
procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of
understanding acknowledging the procedure and guidelines. The memorandum of understanding
shall also include an information sharing and confidentiality agreement, approved by the attorney
general, assuring compliance with title 23A.The multidisciplinary team shall file a list of team
members and the memorandums of understanding with the Office of the Attorney General and the
Department of Social Services as required by § 26-8A-17.".
Delete page 9.
Moved by: Rozum
Second by: Qualm
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1174 AS AMENDED
Moved by: Haugaard
Second by: Beal
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Bartling, Beal, Haugaard, Hawley, Heinemann, Lust, Mickelson, Peterson (Kent),
Rozum, Qualm, Rhoden
Excused: DiSanto, Latterell
THE CHAIR DEFERRED HB 1160
HB 1312: establish the Tax Revenue Study Task Force to study tax revenue in this state.
Presented by: Representative Hawley
Proponents: Mitch Richter, South Dakota Farmers Union
Mitch Richter, South Dakota United School Association
MOTION: DO PASS HB 1312
Moved by: Bartling
Second by: Hawley
Action: Failed by roll call vote. (4-7-2-0)
Voting Yes: Bartling, Hawley, Heinemann, Rozum
Voting No: Beal, Haugaard, Lust, Mickelson, Peterson (Kent), Qualm, Rhoden
Excused: DiSanto, Latterell
MOTION: ADJOURN
Moved by: Qualm
Second by: Haugaard
Action: Was not acted on.
MOTION: DEFER HB 1312 TO THE 41ST LEGISLATIVE DAY
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by roll call vote. (8-3-2-0)
Voting Yes: Beal, Haugaard, Heinemann, Lust, Mickelson, Peterson (Kent), Qualm, Rhoden
Voting No: Bartling, Hawley, Rozum
Excused: DiSanto, Latterell
Pam Kean
____________________________
Committee Secretary
Larry Rhoden, Chair
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