House Judiciary Minutes 01/24/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Judiciary

Wednesday, January 24, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Gillespie
P    Hennies (Thomas)
P    Jensen
P    Madsen
P    McCaulley
P    Monroe
P    Murschel
E    Nachtigal
P    Sebert
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jarvis Brown

MOTION:     TO APPROVE THE MINUTES OF JANUARY 22, 2001

Moved by:    Sebert
Second by:    Jensen
Action:    Prevailed by voice vote.

         HB 1091: revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

Presented By:    Representative Jarvis Brown
Proponents:    None
Opponents:    None

MOTION: AMEND HB 1091

On page 1, line 9 of the printed bill, delete " both " and insert " either ".

On page 1 , line 10, delete " and " and insert " or ".

Moved by:    Gillespie
Second by:    Jensen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1091 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Madsen
Action:    Prevailed by roll call vote.(11-0-1-1)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Michels, Brown (Jarvis)

Excused:    Nachtigal

Absent:    Valandra

MOTION:     PLACE HB 1091 ON CONSENT

Moved by:    Hennies (Thomas)
Second by:    Sebert
Action:    Prevailed by voice vote.

         HB 1092: include in certain drug offenses the altered state of a controlled drug or substance or marijuana once absorbed into the body.

Presented By:    Representative Jarvis Brown
Proponents:    Myron Rau (SD Highway Patrol)
Opponents:    None

MOTION:     AMEND HB 1092

On page 2, line 19 of the printed bill, delete " any such plant " and insert " the substance, marijuana, ".

Moved by:    Murschel
Second by:    Gillespie
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1092 AS AMENDED

Moved by:    Bartling
Second by:    Jensen
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels, Brown (Jarvis)

Excused:    Nachtigal

MOTION:     PLACE HB 1092 ON CONSENT

Moved by:    Jensen
Second by:    McCaulley
Action:    Prevailed by voice vote.

         HB 1097: revise the definition of sexual contact.

Presented By:    Representative Matthew Michels
Proponents:    None
Opponents:    Lee Hood (Attorney-Self)
        Rex Hagg (SD Trial Lawyers Association)

MOTION:     DEFER HB 1097 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Sebert
Second by:    Monroe
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1097

Moved by:    Hennies (Thomas)
Second by:    Madsen

Action:    Failed by roll call vote.(5-7-1-0)

Voting Yes:    Hennies (Thomas), Madsen, McCaulley, Murschel, Michels

Voting No:    Bartling, Gillespie, Jensen, Monroe, Sebert, Valandra, Brown (Jarvis)

Excused:    Nachtigal

MOTION:     CALL THE QUESTION

Moved by:    Hennies (Thomas)
Second by:    McCaulley
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1097 TO THE 41^ST LEGISLATIVE DAY

Action:    Prevailed by roll call vote.(7-5-1-0)

Voting Yes:    Bartling, Gillespie, Jensen, Monroe, Sebert, Valandra, Brown (Jarvis)

Voting No:    Hennies (Thomas), Madsen, McCaulley, Murschel, Michels

Excused:    Nachtigal

         HB 1098: allow law enforcement officials to use new technological advances in lie detection.

Presented By:    None
Proponents:    None
Opponents:    None

MOTION:     TO TABLE HB 1098

Moved by:    Michels
Second by:    Jensen
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Sebert, Valandra, Michels, Brown (Jarvis)

Excused:    Nachtigal

         HB 1100: provide for a mandatory jail sentence for a second driving under the influence conviction.

Presented By:    Representative Stan Adelstein
Proponents:    None
Opponents:    Chuck Schroyer (SD State's Attorneys)
        Mark Smith (Hughes County State's Attorney)
        Tom Barnett (SD State Bar Association)
        Lee Hood (Attorney-Self)

MOTION:     DEFER HB 1100 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Madsen
Second by:    Monroe
Action:    Was not acted on.

MOTION:     CALL THE QUESTION

Moved by:    Jensen
Second by:    Valandra
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1100 TO THE 41^ST LEGISLATIVE DAY

Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Bartling, Gillespie, Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

Voting No:    Hennies (Thomas)

         HB 1101: clarify the discretion of the court to impose sentences concurrently or consecutively.

Presented By:    Representative Stan Adelstein
Proponents:    Chuck Schroyer (SD State's Attorneys Association)
        Mark Smith (Hughes Co. State's Attorney)
Opponents:    None

MOTION:     AMEND HB 1101

On page 1, line 7 of the printed bill, overstrike " on the subsequent conviction " .

Moved by:    Madsen
Second by:    Monroe
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1101 AS AMENDED

Moved by:    Monroe
Second by:    McCaulley
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

MOTION:     PLACE HB 1101 ON CONSENT

Moved by:    Monroe
Second by:    McCaulley
Action:    Failed by voice vote.

         HB 1060: revise the method for and the limitations on imposition of various civil damages for unlawfully taking wild animals.

Presented By:    David McCrea (SD Game, Fish and Parks)
Proponents:    None
Opponents:    None

MOTION:     AMEND HB 1060

On page 1 of the printed bill, delete lines 5 to 15 , inclusive, and insert:

" 41-1-5.1. Any person , other than a minor under the age of sixteen years , who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section :

(1) Without an applicable and valid big game or small game license; or

(2) At a time or place when and where taking or possession of such regulated wild animal is prohibited; or

(3) In excess of the legal limit of big game if exceeded by one or more; or

(4) In excess of the legal daily or possession limit of small game or fish if exceeded by two or more;

is liable to the state for civil damages ~~, which are~~ .

The civil damages are five thousand dollars for each elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each deer, antelope, or bobcat ; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each species of small game; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. ".

On page 2 , delete lines 1 to 3 , inclusive.

Moved by:    Michels
Second by:    Madsen
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1060 AS AMENDED

Moved by:    Michels
Second by:    McCaulley
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Valandra, Michels, Brown (Jarvis)

MOTION:     ADJOURN

Moved by:    Sebert
Second by:    Madsen
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Jarvis W. Brown, Chair

../01240745.HJU