Committee: House Judiciary
"
Section 3. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as
follows:
Upon completion of a counseling program administered by a certified professional in the field
of sexual offenses and upon verification that there have been no reoffenses for a period of at least
ten years from the original offense, the adjudicated juvenile may be removed from the sex offender
registry.
"
Moved by:
Representative Matthews
Second by:
Representative Fitzgerald
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1071
"
Section 3. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who, as a juvenile, was placed on the sex offender registry may petition the circuit
court for removal from the registry upon a showing that the person has not been adjudicated or
convicted of any sex offense for at least ten years and no longer constitutes a threat to reoffend.
"
Moved by:
Representative Hunt
Second by:
Representative Matthews
Action:
Was not acted on.
MOTION:
DEFER HB 1071 UNTIL later today.
Moved by:
Representative Hunt
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
HB 1218:
to revise certain provisions concerning the detention of children in need
of supervision and delinquent children.
Proponents:
Representative Jaspers
Judge Max A. Gors, 6th Circuit, Pierre
"
Section
1.
That subdivision (16) of
§
26-7A-1
be amended to read as follows:
The child has failed to comply with court services or a court ordered program.
Section
3.
That
§
26-7A-26
be amended to read as follows:
26-7A-26.
No apparent, alleged or adjudicated abused or neglected child may be securely
detained at any time in a jail, lockup, or in any type of detention or temporary care facility containing
adult prisoners.
An apparent or alleged delinquent child may be held in an adult lockup or jail for up to six
hours for purposes of identification, processing, interrogation, transfer to juvenile facility, or release
to parents if the delinquent child is physically separated from adult prisoners.
Any apparent, alleged, or adjudicated child in need of supervision or adjudicated delinquent
child between the ages of fourteen and seventeen years of age may be held in an adult lockup or jail
for up to seven days if physically separated from adult prisoners.
A child who has been formally transferred to adult court pursuant to
§
26-11-4 may be held
in an adult lockup or jail if the child is fifteen, sixteen, or seventeen years old and the child is alleged
to have committed an offense defined as a crime of violence under subdivision 22-1-2(9) or of sexual
contact under
§
22-22-7.
An apparent, alleged, or adjudicated child in need of supervision or an apparent, alleged, or
adjudicated delinquent child fourteen years of age or older may be held in detention in an adult
lockup or jail if physically separated from adult prisoners subject to any restrictions under this
chapter or chapter 26-8A, 26-8B, or 26-8C.
A child who has been transferred to adult court pursuant to
§
26-11-4 may be held in detention
in an adult lockup or jail if physically separated from adult prisoners.
Section
4.
That
§
26-8B-3
be amended to read as follows:
26-8B-3.
An apparent or alleged child in need of supervision taken into temporary custody by
a law enforcement officer prior to a temporary custody hearing shall be released to the child's
parents, guardian, or custodian unless the parents, guardian, or custodian cannot be located or in the
judgment of the intake officer are not suitable to receive the child, in which case the child shall be
placed in shelter. A child may be placed in detention for no more than twenty-four hours, excluding
Saturdays, Sundays, and court holidays, if the intake officer finds that the parents, guardian, or
custodian are not available or are not suitable to receive the child, and finds at least one of the
following circumstances exists:
If the child is accused of or has been found in violation of a valid court order, the child may
be placed in detention for more than twenty-four hours, if a temporary custody hearing, pursuant to
§
26-7A-14, is held within twenty-four hours of the child being placed in a detention facility.
If the child is being held for another jurisdiction as a parole or probation violator, as runaway
or as a person under court-ordered detention, the child may be placed in detention for more than
twenty-four hours, and up to seven days, if a temporary custody hearing, pursuant to
§
26-7A-14,
is held within twenty-four hours of the child being placed in a detention facility.
Section
5.
That
§
26-11-1
be amended to read as follows:
26-11-1.
If any child under the age of eighteen years is arrested, with or without a warrant, for
violation of any law or municipal ordinance for which the child is not subject to proceedings as a
delinquent child as defined in
§
26-8C-2, the child shall be brought before the judge of a court
having jurisdiction over the offense and proceedings shall be conducted as though the child were
eighteen years of age or older.
No child under the age of eighteen years, subject to proceedings pursuant to this section and
accused of a Class 2 misdemeanor, may be held in an adult jail or lockup or in any type of detention
or temporary care facility containing adult prisoners.
However, any child under the age of eighteen years, subject to proceedings pursuant to this
section and accused of a Class 1 misdemeanor, may be detained in an adult jail or lockup for up to
six hours for purposes of identification, processing, interrogation, or release to parents if the child
is separated by sight and sound from adult prisoners.
No child under the age of eighteen years convicted of an offense pursuant to this section may
be sentenced to an adult jail or lockup or to any type of detention or temporary care facility
containing adult prisoners.
A child under the age of eighteen years, subject to proceedings pursuant to this section and
accused of a Class 2 misdemeanor, may be held in or sentenced to an adult lockup or jail or a
detention or temporary care facility for up to seven days if physically separated from adult prisoners.
A child under the age of eighteen years, subject to proceedings pursuant to this section and
accused of a Class 1 misdemeanor, may be held in or sentenced to an adult lockup or jail or a
detention or temporary care facility for up to thirty days if physically separated from adult prisoners.
Section
6.
That
§
26-7A-23
be amended to read as follows:
26-7A-23.
A board of county commissioners may provide and maintain at public expense
temporary care, shelter or detention facilities,
physically
separated
by sight and sound from any jail
from adult prisoners
, where children coming within the provisions of this chapter or chapter 26-8A,
26-8B, 26-8C, or
§
§
26-11A-13 and 26-11A-14, may, if necessary or appropriate, be placed for
temporary care, temporary custody, shelter or detention as designated by the court, or temporary
detention or shelter by the Department of Corrections. Section 26-11A-19 and
§
26-7A-94 governs
the costs of custodial care of children.
"
"
Section 3. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as
follows:
Upon completion of a counseling program administered by a certified professional in the field
of sexual offenses and upon verification that there have been no reoffenses for a period of at least
ten years from the original offense, the adjudicated juvenile may be removed from the sex offender
registry.
"
Moved by:
Representative Matthews
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1071
Moved by:
Representative Hunt
Second by:
Representative Volesky
Moved by:
Representative Duniphan
Second by:
Representative Rost
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1071 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Brosz
Action:
Prevailed by roll call vote.
(6-7-0-0)
Voting yes:
Hunt, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Gleason, Matthews
Voting no:
Hagg, de Hueck, Rost, Collier, Moore, Volesky
SB 100:
to permit all but one petitioner to waive personal appearance at a hearing
for termination of parental rights.
Proponents:
Representative Hunt
Opponents:
None
Presented by:
Representative Hunt
MOTION:
AMEND SB 100
"
Section
7.
In addition to any other penalty, assessment or fine provided by law, there shall be
levied liquidated costs in the amount of four hundred dollars upon conviction for violating
subdivision 35-4-78(1) or
§
§
35-4-79, 35-9-1, 35-9-1.1, or 35-9-2, unless the defendant holds a
liquor license pursuant to Title 35. Any such liquidated costs collected pursuant to this section shall
be deposited in the underage enforcement reward fund as provided in section 2 of this Act.
Section 8. There is hereby established in the state treasury the underage enforcement reward fund. Proceeds from this fund shall be used to reimburse state government and its subdivisions for
expenses incurred in establishing a reward for persons supplying information and evidence leading
to the conviction of any person for violation of subdivision 35-4-78(1) or
§
§
35-4-79, 35-9-1, 35-9-
1.1, or 35-9-2.
Section
9.
A reward of four hundred dollars shall be paid to any person, other than the holder of
a liquor license pursuant to Title 35, for providing information and evidence leading to the arrest and
conviction of any person for the violation of subdivision 35-4-78(1) or
§
§
35-4-79, 35-9-1, 35-9-1.1,
or 35-9-2.
Section
10.
The underage enforcement reward fund shall be administered by the Department of
Legislative Audit. The Department of Legislative Audit shall promulgate rules, pursuant to chapter
1-26 to provide for the administration of the fund, including necessary administrative costs, to
establish the procedures for filing reward claims and to establish the requirements necessary to
qualify for a reward pursuant to this Act.
"
Brooke Pike