84th Legislative Session _ 2009

Committee: Senate Judiciary
Friday, March 06, 2009

Senator Gene G. Abdallah, Chair had recessed the 3/5/09 Senate Judiciary meeting at 10:00 am, Thursday. He reconvened the committee on Friday, 3/6/09 at 7:45 am to complete action on pending bills which had been posted on the 3/5/09 agenda. All committee members were present as the committee reconvened.

OTHERS PRESENT: See Original Minutes

The hearing on HB 1079 continued:

         HB 1079: revise certain provisions regarding the sex offender registry.

Presented by:    Scott Swier, Office of Attorney General
Opponents:    Cheri Scharffenberg, self, Sioux Falls

MOTION:     AMEND HB 1079

1079sa

     On page 2, line 2, of the House Judiciary Committee engrossed bill, delete everything after "reside," .

     On page 2, line 3, delete everything before "temporarily" .

     On page 2, line 5, delete everything after "resides," .

     On page 2, delete line 6, and insert "domiciles, attends school, attends postsecondary education ".

     On page 2, line 7, after "." insert " If the sex offender is not otherwise registered in the state, the sex offender shall register within five days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. ".


Moved by:    Gillespie
Second by:    Vehle
Action:    Was not acted on.

MOTION:     AMEND THE PENDING AMENDMENT

1079sd

     On the pending amendment (1079sa), in the On page 2, line 6 instruction, before "domiciles" insert " temporarily "."


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

MOTION:     AMEND HB 1079

1079sc

     On page 2, line 2, of the House Judiciary Committee engrossed bill, delete everything after "reside," .

     On page 2, line 3, delete everything before "temporarily" .

     On page 2, line 5, delete everything after "resides," .

     On page 2, delete line 6, and insert " temporarily domiciles, attends school, attends postsecondary education ".

     On page 2, line 7, after "." insert " If the sex offender is not otherwise registered in the state, the sex offender shall register within five days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. ".


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

MOTION:     AMEND HB 1079

1079sb
    On page 1 of the House Judiciary Committee engrossed bill, delete lines 13 and 14, and insert "state.".
     On page 2, line 1, delete " prior to July1, 2009. ".

     On page 2, delete lines 13 to 18, inclusive, and insert "requirements under this section.".


Moved by:    Heidepriem
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Gillespie, Heidepriem, Tieszen, Turbak Berry

Voting No:    Schmidt, Vehle, Abdallah

MOTION:     DO PASS HB 1079 AS AMENDED

Moved by:    Heidepriem
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (5-2-0-0)

Voting Yes:    Gillespie, Heidepriem, Tieszen, Turbak Berry, Vehle

Voting No:    Schmidt, Abdallah

        
HB 1246: revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

Presented by:    Representative Brian Gosch
Proponents:    Senator Tom Hansen
        Drew Duncan, SD Collectors Association

MOTION:     DO PASS HB 1246

Moved by:    Gillespie
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Gillespie, Heidepriem, Schmidt, Tieszen, Turbak Berry, Vehle, Abdallah

After a short recess, Senator Craig Tieszen, Vice-Chair reconvened the meeting.

        
HB 1207: provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

Presented by:    Representative Richard Engels (Handouts: #1, #2)

MOTION:     DO PASS HB 1207

Moved by:    Heidepriem
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Heidepriem, Schmidt, Tieszen, Turbak Berry, Vehle

Excused:    Gillespie, Abdallah

        
HB 1287: permit evidence of the defendant's commission of other acts of child molestation to be admissible in certain child molestation cases.

Presented by:    Representative Lance Russell
Proponents:    Dan Todd, Department of Social Services
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association
        Cheri Scharffenberg, self, Sioux Falls

MOTION:     DEFER HB 1287 TO THE 41ST LEGISLATIVE DAY

Moved by:    Turbak Berry
Second by:    Heidepriem
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Gillespie, Heidepriem, Turbak Berry, Abdallah

Voting No:    Schmidt, Tieszen, Vehle

MOTION:     ADJOURN

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

Rena Ortbahn
____________________________

Committee Secretary
Gene G. Abdallah, Chair