75th Legislative Session -- 2000

Committee: Senate Judiciary

Wednesday, January 19, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

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


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Whiting


MOTION:      TO APPROVE THE MINUTES OF Last Meeting

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by voice vote.

MOTION:      Waive the posting rule for the agenda

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by voice vote.

          SB 48:   establish the crime of criminal exposure to HIV and to provide a penalty therefor.

Presented by:      Senator Rebecca Dunn, (Doc#1)
Proponents:      Chuck Schroyer, South Dakota State's Attorney Association

MOTION:      DO PASS SB 48

Moved by:      Senator Moore
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (5-1-1-0)



Voting yes:      Dunn (Rebecca), Moore, Munson (David), Daugaard, Whiting

Voting no:      Everist

Excused:      Flowers

          SB 60:   provide for the revocation of the driving privileges of certain persons who are under the influence of illegal substances while driving or riding in a motor vehicle.

Presented by:      Senator Albers
Proponents:      Chuck Schroyer, South Dakota State's Attorney Association

MOTION:      DO PASS SB 60

Moved by:      Senator Moore
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Everist, Moore, Munson (David), Daugaard, Whiting

Excused:      Flowers

          SB 61:   revise the elements of the crimes of vehicular homicide and vehicular battery.

Presented by:      Senator Albers
Proponents:      Chuck Schroyer, South Dakota State's Attorney Association

MOTION:      DO PASS SB 61

Moved by:      Senator Munson (David)
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Everist, Moore, Munson (David), Daugaard, Whiting

Excused:      Flowers

          SB 62:   provide that sexual penetration with a minor stepchild is rape in the third degree.

Presented by:      Senator Albers

MOTION:      DO PASS SB 62

Moved by:      Senator Daugaard
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Everist, Moore, Munson (David), Daugaard, Whiting

Excused:      Flowers

          SB 63:   clarify that the locality in which a person is apprehended for underage possession or consumption of alcoholic beverages has jurisdiction over the offense.

Presented by:      Senator Albers

MOTION:      DEFER SB 63 UNTIL another day

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

          SB 64:   prohibit the driving of a vehicle after the illegal consumption of any amount of an illegal controlled drug or substance.

Presented by:      Senator Albers

MOTION:      AMEND SB 64

64ra

     On page 1 , line 7 of the printed bill , delete " controlled drug or substance, as defined in subdivision 22-42-1(1) " and insert " Schedule I or Schedule II drug or controlled substance " .


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

MOTION:      DEFER SB 64 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Moore
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Daugaard

Voting no:      Munson (David), Whiting

          SB 68:   reduce the level of blood alcohol that is permitted to determine if a person is driving under the influence.

Presented by:      Senator Rebecca Dunn
Opponents:      Bob Riter, South Dakota Beer Wholesaler's Association

The Chair deferred SB 68 until 1-21-00.

MOTION:      ADJOURN

Moved by:      Senator Moore
Second by:      Senator Everist
Action:      Prevailed by voice vote.



Ryan Olson

_________________________________

Committee Secretary
Fred Whiting, Chair


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