94th Legislative Session _ 2019

Committee: House Judiciary
Wednesday, February 13, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Barthel
P    Borglum
P    Diedrich
P    Hammock
P    Latterell
P    Pischke
P    Rasmussen
P    Reimer
P    St John
P    Cwach
P    Pourier
E    Johns, Vice-Chair
P    Hansen, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Hansen.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 11, 2019

Moved by:    Pischke
Second by:    Reimer
Action:    Prevailed by voice vote.

    HB 1194: revise provisions regarding reports of crime statistics.

Presented by:    Representative Kevin Jensen

MOTION:    TO TABLE HB 1194

Moved by:    Barthel
Second by:    Reimer
Action:    Prevailed by roll call vote. (10-0-3-0)

Voting Yes:    Barthel, Borglum, Diedrich, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Hansen

Excused:    Hammock, Pourier, Johns

    HB 1195: revise provisions regarding juvenile justice.

Presented by:    Representative Kevin Jensen

MOTION:    AMEND HB 1195

1195ba

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

"    Section1. That § 26-8C-7 be amended to read:

    26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following:

            (1)    The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4) and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;

            (2)    The court may impose a fine not to exceed one thousand dollars;

            (3)    The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14;

            (4)    The court may require a child as a condition of probation to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;

            (5)    The court may place the child at the Human Services Center for examination and treatment;

            (6)    The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

            (7)    The court may place the child in an alternative educational program;

            (8)    The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such manner as it sees fit, including requiring that financial responsibility be proved and maintained;

            (9)    The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child; or

            (10)    The court may only commit a child to the Department of Corrections if the judge finds that:

            (a)    No viable alternative exists;
            (b)    The Department of Corrections is the least restrictive alternative; and
            (c)    The child is currently adjudicated delinquent for an offense eligible for transfer proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent for a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to § 22-32-3; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the child is currently on probation, that probation has been unsuccessful, and that no other appropriate services are available in the child's community.

    Any finding made pursuant to this section shall be made in the written decree. "


Moved by:    Pischke
Second by:    Latterell
Action:    Prevailed by voice vote.

    HB 1050: revise certain provisions regarding the use and possession of scanning devices and

reencoders.

Presented by:    Representative Hugh Bartels
Proponents:    Dean Krogman, Independent Community of Bankers of South Dakota
        Nathan Sanderson, South Dakota Retailers Association
        Doug Abraham, SD Bankers Assoc.
        Erik Nelson, AARP

        THE CHAIR DEFERRED HB 1050

Chair, Representative Hansen passed the gavel to Representative Diedrich.

    HB 1193: provide a criminal penalty for causing an abortion against a pregnant mother's will.

Presented by:    Representative Jon Hansen
Proponents:    Becky Rasmussen, self, Sioux Falls
        Dale Bartscher, South Dakota Right to Life
        Linda Schauer, Concerned Women for America
        Chris Motz, SD Catholic Conference

MOTION:    AMEND HB 1193

1193wa

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

"    Section 1. That chapter 22-17 be amended by adding a NEW SECTION to read:

    Any person who threatens to commit:

            (1)    Homicide, murder, or manslaughter under chapter 22-16; or

            (2)    Aggravated assault under § 22-18-1.1; or

            (3)    Kidnapping under chapter 22-19;

against the pregnant mother or any other person within the pregnant mother's presence with the intent to cause the pregnant mother to undergo an abortion against her will that results in the death of the unborn human being as defined under § 34-23A-1 is guilty of a Class B felony."

Moved by:    Pischke
Second by:    Latterell
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED HB 1193

Representative Diedrich passed the gavel to Chair, Representative Hansen.

    HB 1180: revise certain provisions regarding the collection and storage of sexual assault kit evidence.

Presented by:    Representative Tim Reed
Proponents:    Dianna Miller, South Dakota Network Against Family Violence
        Staci Ackerman, South Dakota Sheriffs' Association
        Tim Dougherty, Avera Heallth

MOTION:    AMEND HB 1180

1180wa

    On page 1, line 6, of the printed bill, delete "person authorized to act on behalf of the victim" and insert "victim or witness assistant".

    On page 2, line 12, after "and" insert "provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility".

    On page 2, line 15, delete everything after "." and insert "The law enforcement agency to which the health care facility releases the sexual assault kit under § 23-5C-3 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. If a victim, or a victim or witness assistant".

    On page 2, line 16, delete "authorized to act on behalf of the victim".

    On page 2, line 17, delete "record" and insert "number".

    On page 2, line 17, before "used" insert "provided by the victim to the law enforcement agency where the kit is being stored and".

    On page 2, delete lines 19 to 24, inclusive.

    On page 3, delete line 1.


Moved by:    Barthel
Second by:    Rasmussen
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1180 AS AMENDED

Moved by:    Latterell
Second by:    Barthel
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Hansen

Excused:    Johns

    HB 1202: revise the number of qualified directors of a corporation needed to take certain actions.

Presented by:    Representative Michael Diedrich

MOTION:    DO PASS HB 1202

Moved by:    Pischke
Second by:    Borglum
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St John, Cwach, Pourier, Hansen

Excused:    Johns

MOTION:    PLACE HB 1202 ON CONSENT CALENDAR

Moved by:    Reimer
Second by:    Pischke
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Borglum
Second by:    Pischke
Action:    Prevailed by voice vote.

Cheri Bartlett

____________________________

Committee Secretary
Jon Hansen, Chair

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