Committee: Senate Judiciary
MOTION:
TO APPROVE THE MINUTES OF JANUARY 24, 1997
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 15:
to revise the penalties for certain felony convictions.
Proponents:
Judge Bill Srstka, self, Sioux Falls
Ken Meyer, South Dakota Peace & Justice Center
Opponents:
Mark Barnett, Attorney General
Presented by:
Representative Roger Brooks
MOTION:
AMEND SB 15
On page
1
,
line
8
,
remove the overstrikes from "
than death or life imprisonment may not be
given for a Class A felony
"
.
On page
4
,
line
7
,
remove the overstrikes from "
However, a first conviction for distribution to
a minor
"
.
On page
4
,
remove the overstrikes from lines
8
to
15
, inclusive
.
On page
4
,
remove the overstrikes from lines
17
to
19
, inclusive
.
On page
5
,
line
6
,
remove the overstrikes from "
However, a first conviction
"
.
On page
5
,
remove the overstrikes from lines
7
to
11
, inclusive
.
On page
5
,
line
23
,
before "
A
"
insert "
However, a first conviction for distribution to a minor
under this section shall be punished by a mandatory sentence in the state penitentiary or county jail
of at least ninety days, which sentence may not be suspended. A second or subsequent conviction
for distribution to a minor under this section shall be punished by a mandatory sentence in the state
penitentiary of at least two years, which sentence may not be suspended.
"
.
On page 6 , line 14 , before " A " insert " However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction
for distribution to a minor under this section shall be punished by a mandatory sentence in the state
penitentiary of at least two years, which sentence may not be suspended.
"
.
On page
6
,
delete lines
17
to
24
, inclusive
.
On page
7
,
delete lines
1
to
11
, inclusive
.
On page
8
,
delete lines
18
to
24
, inclusive
.
Moved by:
Senator Whiting
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
MOTION:
DO PASS SB 16 AS AMENDED
Moved by:
Senator Whiting
Second by:
Senator Flowers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
Voting no:
Aker, Daugaard
SB 86:
to revise the standard of proof concerning whether certain acts of physicians
are within the scope of their practice.
Proponents:
Dave Gerdes, SD Medical Association, Pierre
Presented by:
Judge Bill Srstka, Sioux Falls
MOTION:
AMEND SB 86
On page
1
,
line
10
,
remove the overstrikes from "
determination shall be conclusive as against
the state and shall be made by the court prior to
"
.
On page
1
,
line
11
,
remove the overstrikes from "
trial,
"
.
On page
1
,
line
11
,
after "
section.
"
insert "
In any pretrial proceeding under this section, the
prosecution has the burden of establishing probable cause.
"
.
On page 1 , after line 11 , insert:
22-22-7.1.
As used in this chapter, the term,
"
sexual contact,
"
means any touching, not
amounting to rape, of the breasts of a female or the genitalia or anus of any person with the intent
to arouse or gratify the sexual desire of either party. Practitioners of the healing arts lawfully
practicing within the scope of their practice, which determination shall be conclusive as against the
state and shall be made by the court prior to trial, are not included within the provisions of this
section.
In any pretrial proceeding under this section, the prosecution has the burden of establishing
probable cause.
"
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 86 AS AMENDED
Moved by:
Senator Dunn (Rebecca)
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
SB 87:
to expand the civil jurisdiction of magistrate judges.
Presented by:
Judge Bill Srstka, Sioux Falls
MOTION:
DO PASS SB 87
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
MOTION:
PLACE SB 87 ON CONSENT
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
SB 88:
to expand the jurisdiction of magistrate judges to include temporary
protection order cases.
Proponents:
Ro Ann Redlin, Advocacy Network For Women
Presented by:
Judge Bill Srstka, Sioux Falls
Cindy Nickels