72nd Legislative Session -- 1997

Committee: Senate Judiciary

Wednesday, February 5, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Aker
P      Daugaard
P      Dunn (Rebecca)
P      Flowers
P      Valandra
P      Munson (David), Vice-Chair
P      Whiting, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Whiting


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING.

Moved by:      Senator Flowers
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          SB 85:   to divide aggravated assault into degrees.

Opponents:      Chuck Schroyer,SD States Attorneys Assn
          Dennis Hanson, SD Assn. Of County Commissioners
Presented by:      Judge Mckeever

MOTION:      AMEND SB 85

r-85

     On page 1 , line 16 , remove the overstrikes from " Aggravated assault is a Class 3 felony. "

     On page 1 , line 16 , delete " An aggravated assault with a dangerous or deadly " and insert " If a person is convicted of an aggravated assault without a dangerous or deadly weapon that does not result in serious bodily injury, the court may sentence the person convicted to imprisonment in the county jail where the person was convicted for a term of not more than one year. "

     On page 2, delete lines 1 to 4, inclusive.


Moved by:      Senator Munson (David)
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Dunn (Rebecca), Valandra, Munson (David), Whiting

Voting no:      Aker, Daugaard, Flowers

MOTION:      DEFER SB 85 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Aker
Second by:      Senator Flowers
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Aker, Daugaard, Flowers

Voting no:      Dunn (Rebecca), Valandra, Munson (David), Whiting

MOTION:      DO PASS SB 85

Moved by:      Senator Flowers
Second by:      Senator Aker
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 85

Moved by:      Senator Munson (David)
Second by:      Senator Valandra
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers

Voting no:      Valandra, Munson (David), Whiting

          HB 1073:   to provide access to presentence reports to all parties before imposition of sentence.

Presented by:      Representative Hunt

MOTION:      DO PASS HB 1073

Moved by:      Senator Munson (David)

Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

MOTION:      PLACE HB 1073 ON CONSENT

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1064:   to permit a judge or clerk of courts to fix a time and place for hearing on certain probate and trust matters.

Presented by:      Tom Barnett, State Bar Association

MOTION:      DO PASS HB 1064

Moved by:      Senator Aker
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 HB 1064 ON CONSENT

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          HB 1072:   to revise certain provisions of the Uniform Commercial Code relating to nonnegotiable instruments.

Proponents:      R.L. Schmidt, Independent Community Bankers of SD
          Tom Adam, SD Bankers Association

MOTION:      DO PASS HB 1072

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

MOTION:      PLACE HB 1072 ON CONSENT
Moved by:      Senator Aker
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

          SB 155:   to revise the responsibilities of counties providing for prisoner care and the liability of prisoners for reimbursing the county for costs incurred.

Proponents:      Betty Morford, Hand County
Opponents:      Mike Buenger, Unified Judicial System
Presented by:      Dennis Hanson, County Commissioners (Handout A)

MOTION:      AMEND SB 155

r-155b

     On page 2 , line 2 , after " sentence " insert " who is ultimately convicted of the crime for which confined " .

     On page 2 , line 3 , after " prisoner's " insert " pretrial and postconviction " .


Moved by:      Senator Aker
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

MOTION:      AMEND SB 155

r-155a

     On page 2 , line 7 , after " may " and insert " waive ".

     On page 2 , line 8 , delete "waive" and insert " defer " .


Moved by:      Senator Aker
Second by:      Senator Whiting
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Aker, Dunn (Rebecca), Whiting

Voting no:      Daugaard, Flowers, Valandra, Munson (David)

MOTION:      AMEND SB 155

r-155

     On page 2 , line 10 , delete " constitute " and insert " or waived constitutes " .


Moved by:      Senator Aker
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

MOTION:      DO PASS SB 155 AS AMENDED

Moved by:      Senator Aker
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting

          HB 1041:   to revise the requirements by which parole hearings may be held by teleconference.

Proponents:      Bob Hofer, Board of Pardon and Paroles
Presented by:      Laurie Feiler, Dept of Corrections

MOTION:      DO PASS HB 1041

Moved by:      Senator Munson (David)
Second by:      Senator Aker
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Aker, Daugaard, Flowers, Valandra, Munson (David)

Voting no:      Dunn (Rebecca), Whiting

          HB 1042:   to require parolees released under the supervision of the Department of Corrections and the Board of Pardons and Paroles to pay supervision fees, to provide for the establishment of supervision fees, and to provide for the deposition of the fees.

Presented by:      Laurie Feiler, Dept of Corrections

MOTION:      DO PASS HB 1042


Moved by:      Senator Aker
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:      ADJOURN

Moved by:      Senator Valandra
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.



Cindy Nickels

_________________________________

Committee Secretary
Fred Whiting, Chair

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