76th Legislative Session _ 2001

Committee: Senate Judiciary
Friday, February 09, 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 WEDNESDAY, FEBRUARY 7, 2001

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

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

Presented By:    Representative Adelstein
Proponents:    Mark Smith, Hughes County States Attorney

MOTION:     DO PASS HB 1101

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

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

Excused:    Moore

MOTION:     PLACE HB 1101 ON CONSENT

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

         HB 1154: clarify the application of certain driving privilege penalties with regard to juvenile adjudications.

Presented By:    Representative Adelstein

MOTION:     DO PASS HB 1154

Moved by:    Daugaard
Second by:    Hainje
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1154 UNTIL MONDAY, FEBRUARY 12, 2001

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

         HB 1032: revise certain provisions relating to child support.

Presented By:    Linda Lea Viken, attorney, Rapid City and South Dakota Commission on Child Support
        Judge Steve Zinter, South Dakota Commission on Child Support
        Terry Walters (Document 1), Department of Social Services and South Dakota Commission on Child Support
Opponents:    Jennifer Ring, ACLU of the Dakotas

MOTION:     DO PASS HB 1032

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

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

         HB 1110: criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Presented By:    Senator Albers
Proponents:    Cory Nelson, Department of Corrections (Document 2)
Opponents:    Jennifer Ring, ACLU of the Dakotas

MOTION:     AMEND HB 1110

1110ra
     On page 1, line 8 of the printed bill, overstrike " or " .

     On page 1 , line 9, overstrike " nonprescription " .

     On page 1 , line 10, after " physician " insert " , physician assistant, or nurse practitioner as defined in chapters 36-4, 36-4A, and 36-9A, respectively ".

     On page 1 , line 14, overstrike " or nonprescription " .

     On page 2 , after line 15, insert:

"      Section 4. That § 24-2-14 be amended to read as follows:

     24-2-14.   No alcoholic beverages, prescription or nonprescription drugs, controlled substances as defined by chapter 34-20B, hallucinogen, marijuana, weapons as defined in subdivision 22-1-2 (10) , or any article of indulgence may be possessed by any inmate of the state penitentiary except by order of a physician, physician assistant, or nurse practitioner as defined in chapters 36-4, 36-4A, and 36-9A, respectively, which order shall be in writing and for a definite period. A violation of this section constitutes a felony pursuant to the following schedule:

             (1)      Possession of alcoholic beverages or marijuana is a Class 6 felony;

             (2)      Possession of prescription or nonprescription drugs, controlled substances , or hallucinogens is a Class 4 felony;

             (3)      Possession of a weapon as defined in subdivision 22-1-2 (10) is a Class 2 felony. ".

Moved by:    Bogue

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

 MOTION:     AMEND HB 1110

1110rb
     On page 1, line 7 of the printed bill, overstrike " hallucinogens, " .

     On page 1 , line 14, delete " , controlled substances or " and insert " , or controlled substances or ".

     On page 2 , line 1, overstrike " hallucinogens " .

     On the previously adopted amendment, in the second line of § 24-2-14, overstrike "hallucinogens,".

     On the previously adopted amendment, delete "subdivision 24-2-14(2)" and insert:

             "(2)    Possession of prescription or nonprescription drugs ; or controlled substances or hallucinogens is a Class 4 felony;".

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

 MOTION:     AMEND HB 1110

1110rc
     On page 1, line 8 of the printed bill, after " detained " insert " , after booking, ".

     On page 1 , line 9, after " detained " insert " , after booking, ".

     On page 2 , line 5, after " detained " insert " , after booking, ".

Moved by:    Daugaard
Second by:    de Hueck
Action:    Failed by voice vote.

 MOTION:     DEFER HB 1110 TO THE 41ST LEGISLATIVE DAY

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

 MOTION:     SUBSTITUTE MOTION DEFER HB 1110 UNTIL MONDAY, FEBRUARY 12, 2001

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

 MOTION:     ADJOURN

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

Nancy Benson

____________________________

Committee Secretary                                Fred C. Whiting, Chair

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