76th Legislative Session _ 2001

Committee: Senate Judiciary
Monday, February 05, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Hainje
P    Koetzle
P    Moore
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 FRIDAY, FEBRUARY 2, 2001

Moved by:    de Hueck
Second by:    Bogue
Action:    Prevailed by voice vote.

          SB 228: provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

Presented By:    Senator Kermit Staggers
Proponents:    Jennifer Ring, ACLU of the Dakotas
        Jean Kosters, South Dakota Peace and Justice Center
        Mike Tyler, individual, St. Onge
Opponents:    Charles McGuigan, Attorney General's Office (Document #1)

MOTION:     AMEND SB 228

228sa
     On page 1, line 4 of the printed bill, delete " confined in the state penitentiary " and insert "currently serving a term of imprisonment".

     On page 1 , line 5, delete " a circuit court " and insert "the circuit court that entered the judgment of conviction in the person's case".

     On page 1 , line 8, delete " , the petitioner is not entitled to court- " .

     On page 1 , line 9, delete " appointed counsel " and insert "the court may appoint legal counsel for the petitioner if the court determines the person is indigent, and it is in the best interests of justice".

     On page 2 , line 4, after " professional. " insert "The testing shall be conducted by a laboratory mutually agreed upon by the state and the person filing the petition. If the parties can not agree, the court's order shall designate the laboratory to conduct the testing.".

     On page 2 , line 7, after " order " insert "dismissal, ".

     On page 2 , line 7, after " de novo " insert ", or other proceedings as shall best serve justice".

     On page 2 , line 9, after " testing. " insert "The results of any testing ordered under this Act shall be fully disclosed to the person filing the petition and the state's attorney.".

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by voice vote.

The Chair deferred SB 228 until another day.

         SB 247: require criminal background checks of employees of community service providers and to prohibit employment of certain persons by community service providers.

Presented By:    Senator H. Paul Dennert

MOTION:     DEFER SB 247 TO THE 41ST LEGISLATIVE DAY

Moved by:    de Hueck
Second by:    Bogue
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Bogue, de Hueck, Moore, Daugaard, Whiting

Voting No:    Koetzle

Excused:    Hainje

         SB 22: allow for the additional public distribution of sex offender information.

Presented By:    Mark Barnett, Attorney General
Proponents:    Dick Tieszen, South Dakota Sheriff Association and South Dakota Chief of Police Association

MOTION:     AMEND SB 22

22rc
     On page 1, line 12 of the printed bill, delete " or " .

     On page 1 , line 13, after " §  22-22-30.1 " insert " ; or

             (3)    Felony sexual contact as set forth in §  22-22-7 ".

Moved by:    Koetzle
Second by:    de Hueck
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION AMEND SB 22

22rb
     On page 1, line 12 of the printed bill, delete " §  22-22-1 " and insert " subdivisions 22-22-1(1) and (2) ".

Moved by:    Bogue
Second by:    Moore
Action:    Failed by roll call vote.(2-4-1-0)

Voting Yes:    Bogue, Moore

Voting No:    de Hueck, Koetzle, Daugaard, Whiting

Excused:    Hainje


MOTION:     AMEND SB 22

22rc
     On page 1, line 12 of the printed bill, delete " or " .

     On page 1 , line 13, after " §  22-22-30.1 " insert " ; or

             (3)    Felony sexual contact as set forth in §  22-22-7 ".

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

Voting Yes:    de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue

 MOTION:     AMEND SB 22

22rd
     On page 1, after line 13 of the printed bill, insert:

"
     Section 2. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:

     The public distribution of sex offender information by the internet pursuant to section 1 of this Act shall include a recent photograph of each sex offender for whom information is made available.".

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

 MOTION:     AMEND SB 22

22re
     On page 1, line 8 of the printed bill, delete " may compile regional or " and insert " shall compile a ".

     On page 1 , line 9, delete " lists " and insert " list ".

Moved by:    Bogue
Second by:    Hainje
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 22 AS AMENDED

Moved by:    Koetzle
Second by:    Hainje
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

          SB 187: revise certain provisions relating to comparative negligence.

Presented By:    Senator Eric Bogue
Proponents:    Rex Hagg, South Dakota Trial Lawyers Association
        Terry Quinn, attorney, Rapid City
Opponents:    Bob Riter, South Dakota Defense Lawyers Association
        Pat Meyers, attorney, Rapid City
        Dave Gerdes, South Dakota Medical Association and South Dakota Electric Utility Association
        Mike Shaw, DeSmet Farm Mutual Insurance

The Chair deferred SB 187 until Wednesday, February 7, 2001.

MOTION:     ADJOURN

Moved by:    Koetzle
Second by:    Bogue
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary Fred C. Whiting, Chair

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