75th Legislative Session -- 2000

Committee: Senate Judiciary

                                            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 Vice Chair Daugaard

MOTION:      TO APPROVE THE MINUTES OF last meeting

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

          HB 1063:   establish the crime of second degree vehicular battery and to provide penalties therefor.

Presented by:      Representative Hennies
Proponents:      Chuck Schroyer, South Dakota States Attorney Association

MOTION:      DEFER HB 1063 UNTIL THE 36TH LEGISLATIVE DAY

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

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

Voting no:      Daugaard

Excused:      Whiting

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          HB 1064:   revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

Presented by:      Representative Hennies
Proponents:      Charlie McGuigan, Attorney Generals Office

MOTION:      DO PASS HB 1064

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Everist

Excused:      Whiting

          HB 1065:   prohibit certain sexual acts between certain jail and juvenile correctional facility employees and prisoners and to provide a penalty therefor.

Presented by:      Representative Hennies
Proponents:      Susan Randall, South Dakota Childrens Coalition

MOTION:      DO PASS HB 1065

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

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

Excused:      Whiting

          HB 1066:   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Presented by:      Representative Hennies
Opponents:      Susan Randall, South Dakota Children's Coalition
Comments: Chuck Schroyer, South Dakota States Attorney Association, provided council.

MOTION:      TO TABLE HB 1066

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

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

Voting no:      Moore, Munson (David)

Chair was turned over to Whiting.

          HB 1068:   revise certain provisions relating to the disposition of property seized by law enforcement agencies.

Presented by:      Representative Hennies

MOTION:      DO PASS HB 1068

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

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

MOTION:      PLACE HB 1068 ON CONSENT

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

          HB 1061:   define the assault of certain court employees as aggravated assault.

Presented by:      Mike Buenger, Unified Judicial System

MOTION:      TO TABLE HB 1061

Moved by:      Senator Everist
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Whiting

Voting no:      Moore, Munson (David), Daugaard

          HB 1167:   create a rebuttable presumption that the removal of certain property from the state without payment constitutes theft.

Presented by:      Representative Napoli

The Chair deferred HB 1167 until Monday, February 14th.

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          HB 1277:   require the compiling and reporting of certain domestic abuse information.

Presented by:      Representative Michels
Proponents:      Charlie McGuigan, Attorney Generals Office
          Matt Theophilus, Minnehaha County States Attorney Office

MOTION:      AMEND HB 1277

1277ra

     On page 1 , line 12 of the printed bill , after " complaint, " insert " information, " .

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

MOTION:      DO PASS HB 1277 AS AMENDED

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

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

MOTION:      PLACE HB 1277 ON CONSENT

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

MOTION:      ADJOURN

Moved by:      Senator Daugaard
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

Ryan Olson

Committee Secretary