94^th Legislative Session _ 2019

Committee: Senate Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    DiSanto
P    Kennedy
P    Nelson
P    Schoenbeck
P    Stalzer
P    Rusch, Vice-Chair
P    Russell, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Lance Russell, Chair.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 28, 2019

Moved by:    DiSanto
Second by:    Kennedy
Action:    Prevailed by voice vote.

    HB 1195: revise provisions regarding juvenile justice.

Presented by:    Representative Kevin Jensen (Handout(s): #1, #2)
Proponents:    Senator Al Novstrup (Handout(s): #3)
        Roxanne Hammond, self, Pierre
        Dianna Miller, Large School Group
        Paul E. Bachand, South Dakota State's Attorneys Association
        Charles McGuigan, Office of the Attorney General
        Lori Martinec, South Dakota Police Chiefs Association
Opponents:    Greg Sattizahn, Unified Judicial System
        Kristi Bunkers, Department of Corrections
        Amy Iversen-Pollreisz, Deputy Secretary, Department of Social Services

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        Douglas A. Abraham, South Dakota Association of Criminal Defense Lawyers

MOTION:    AMEND HB 1195

1195wa

    On page 3, after line 18 of the House Judiciary Committee engrossed bill, insert:

"    Section 2. That § 26-8C-15 be amended to read:

    26-8C-15. The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed:

            (1)    The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;

            (2)    The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;

            (3)    The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;

            (4)    If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances as provided in subdivision 26-8C-7(10) or (11) exist;

            (5)    For the purposes of this section, new law violation is defined as delinquent behavior pursuant to § 26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21; and

            (6)    If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction. ".

Moved by:    Stalzer
Second by:    DiSanto
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1195 AS AMENDED

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Moved by:    Schoenbeck
Second by:    Nelson
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    DiSanto, Nelson, Schoenbeck, Stalzer, Russell

Voting No:    Kennedy, Rusch

    HB 1132: revise certain provisions regarding the treatment of alcohol and drug abuse.

Presented by:    Representative Steven Haugaard

MOTION:    TO TABLE HB 1132

Moved by:    Stalzer
Second by:    Rusch
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    DiSanto, Kennedy, Nelson, Stalzer, Rusch, Russell

Excused:    Schoenbeck

Senator Russell recessed the committee at 10:00 AM, and later reconvened it at 4:50 PM in room 423. All were present.

    HB 1130: revise provisions regarding certain Class 2 misdemeanors.

Presented by:    Representative Steven Haugaard
Opponents:    Rick Miller, Department of Public Safety
        Lori Martinec, South Dakota Police Chiefs Association
        Paul E. Bachand, South Dakota State's Attorneys Association

MOTION:    DEFER HB 1130 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Rusch
Second by:    Schoenbeck
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Kennedy, Nelson, Schoenbeck, Stalzer, Rusch

Voting No:    DiSanto, Russell

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MOTION:    ADJOURN

Moved by:    Stalzer
Second by:    Nelson
Action:    Prevailed by voice vote.

Rena Ortbahn

Committee Secretary

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