76th Legislative Session _ 2001

Committee: Senate Judiciary
Wednesday, February 21, 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 16, 2001

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

 MOTION:     RECONSIDER HB 1202

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

          HB 1202: provide for the recovery of reasonable attorney's fees and costs in actions for deceit.

Presented By:    Dick Gregerson, South Dakota Chamber of Commerce and Industry

MOTION:     AMEND HB 1202


1202rc
     Delete the previously adopted amendment (1202rb).

     On page 1, line 7 of the printed bill, delete " , including reasonable attorney fees and costs " and insert " . The prevailing party may be awarded reasonable attorney fees and costs which shall be charged as disbursements pursuant to §  15-6-54(d) ".

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

 MOTION:     DO PASS HB 1202 AS AMENDED

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

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

Voting No:    Hainje

Excused:    Bogue

          HB 1241: revise the elements of the crime of stalking to include certain forms of harassing communications.

Presented By:    Representative Hunhoff (Document #1, #2)
Proponents:    Jeff Fox, South Dakota Network Against Domestic Violence and Abuse
        Representative Michels
        Joni Cutler, South Dakota Advocacy Network for Women
        Dick Tieszen, South Dakota Chiefs of Police Association and South Dakota Sheriffs Association

MOTION:     DO PASS HB 1241

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

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


MOTION:     PLACE HB 1241 ON CONSENT

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

         HB 1194: increase certain penalties for unlawful use of computers and computer networks.

Presented By:    Senator Bogue
Proponents:    Otto Dahl, Bureau of Information and Telecommunications (Document #3)

MOTION:     AMEND HB 1194

1194rh
     On page 1, line 7 of the House Judiciary Committee engrossed bill, after " access " insert " to ".

     On page 2 , line 3, after " access " insert " to ".

     On page 2 , line 12, after " without " insert " the ".

     On page 2 , line 16, after " access " insert " to ".

     On page 2 , line 20, after " without " insert " the ".

     On page 2 , line 21, after " without " insert " the ".

     On page 3 , line 11, after " devices, " insert " and ".

     On page 3 , line 12, remove the overstrikes from " , that make the system " .

     On page 3 , remove the overstrikes from lines 13 and 14 .

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

 MOTION:     AMEND HB 1194

1194rg
     On page 1, line 7 of the House Judiciary Committee engrossed bill, overstrike " Knowingly " and insert " Intentionally ".

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

     On page 2 , line 2, before " obtains " insert " Intentionally ".

     On page 2 , line 6, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 10, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 12, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 14, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 16, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 20, delete " Knowingly " and insert " Intentionally ".

     On page 2 , line 21, delete " Knowingly " and insert " Intentionally ".

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

 MOTION:     AMEND HB 1194

1194ri
     On page 4, line 6 of the House Judiciary Committee engrossed bill, delete " Class 6 felony " and insert " Class 1 misdemeanor ".

     On page 4 , line 7, delete " Class 5 " and insert " Class 6 ".

     On page 4 , line 8, delete " Class 4 " and insert " Class 5 ".

     On page 4 , line 9, delete " Class 3 " and insert " Class 4 ".

     On page 4 , line 10, delete " Class 2 " and insert " Class 6 ".

     On page 4 , after line 10, insert " However, a violation of subdivision (7), in which the value of the money, property, or services obtained is more than one thousand dollars, is punishable as a Class 4 felony. ".

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

 MOTION:     DO PASS HB 1194 AS AMENDED

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

 MOTION:     SUBSTITUTE MOTION DEFER HB 1194 TO THE 41ST LEGISLATIVE DAY

Moved by:    Moore
Second by:    de Hueck
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    de Hueck, Koetzle, Moore

Voting No:    Bogue, Hainje, Daugaard, Whiting

 MOTION:     DO PASS HB 1194 AS AMENDED

Moved by:    Daugaard
Second by:    Bogue
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Bogue, Hainje, Daugaard, Whiting

Voting No:    de Hueck, Koetzle, Moore

 MOTION:     ADJOURN

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


Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair

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