77th Legislative Session _ 2002

Committee: Senate Judiciary
Wednesday, January 23, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Koskan
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 JANUARY 18, 2002

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

          SB 86: require the use of an ignition interlock device in a motor vehicle used by any person guilty of a second or subsequent violation of driving under the influence and to provide for a minimum jail sentence.

Presented By:    Senator Ron Volesky (Document #1)
Proponents:    Mike Rost, self, Sioux Falls
        Wendy Rost, self, Sioux Falls

MOTION:     AMEND SB 86

86oa
     On page 2, line 8 of the printed bill, after " device. " insert “ The ignition interlock device shall be

a device approved pursuant to section 3 of this Act. ”.


     On page 2 , after line 14, insert:

“ Section 3. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    
     The Department of Commerce and Regulation shall approve any ignition interlock device to be used pursuant to this Act. The Secretary of the Department of Commerce and Regulation shall promulgate rules, pursuant to chapter 1-26, to establish performance standards for ignition interlock devices. The rules shall include standards relating to accuracy of the device, the means of installing the device, and the degree of difficulty rendering the device inoperative.”

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

 MOTION:     DO PASS SB 86 AS AMENDED

Moved by:    Koetzle
Second by:    Koskan
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER SB 86 TO THE 36TH LEGISLATIVE DAY

Moved by:    Bogue
Second by:    de Hueck
Action:    Failed by roll call vote.(2-5-0-0)

Voting Yes:    Bogue, de Hueck

Voting No:    Koskan, Koetzle, Moore, Daugaard, Whiting

 MOTION:     SUBSTITUTE MOTION AMEND SB 86

86ra
     On page 2 of the printed bill, delete lines 9 to 14 , inclusive.

Moved by:    Koskan
Second by:    Koetzle

Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 86

86rb
     On page 2 of the printed bill, remove the overstrikes from lines 1 to 3 , inclusive.

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

 MOTION:     SUBSTITUTE MOTION AMEND SB 86

86rc
     On page 2, line 4 of the printed bill, delete " shall " and insert " may ".

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

 MOTION:     SUBSTITUTE MOTION AMEND SB 86

86rd
     On page 2, line 5 of the printed bill, delete " if the court determines that an " .

     On page 2 , delete line 6 .

     On page 2 , line 7, delete " reasonable distance " .

Moved by:    Bogue
Second by:    Daugaard
Action:    Failed by roll call vote.(2-5-0-0)

Voting Yes:    Bogue, de Hueck

Voting No:    Koskan, Koetzle, Moore, Daugaard, Whiting

 MOTION:     SUBSTITUTE MOTION DO PASS SB 86 AS AMENDED

Moved by:    Koskan
Second by:    Koetzle
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Koskan, Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue, de Hueck

 MOTION:     TO AMEND TITLE OF SB 86

86rta
     On page 1, line 3 of the printed bill, delete " and to provide for a minimum jail sentence " .

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

          SB 101: provide for the release of the booking photographs of prisoners under certain conditions.

Presented By:    Senator Kenneth D. Albers
Proponents:    Tena Haraldson, self, Sioux Falls
        David Bordewyk, SD Newspaper Association
        Chuck Schroyer, SD States Attorney Association
        Steve Willard, SD Broadcasters Association
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association
        Laurie Feiler, Department of Corrections

MOTION:     AMEND SB 101

101ra
     On page 1, line 13 of the printed bill, delete " if requested by the public for any lawful purpose " and insert " upon approval of the court ".

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

Voting Yes:    Bogue, de Hueck, Moore, Whiting

Voting No:    Koskan, Koetzle

Excused:    Daugaard

 MOTION:     DO PASS SB 101 AS AMENDED

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

Voting Yes:    Bogue, de Hueck, Koskan, Koetzle, Moore, Whiting

Excused:    Daugaard

          SB 91: provide for DNA testing for certain inmates.

Presented By:    Senator Kermit Staggers
Proponents:    Jennifer Ring, ACLU of the Dakotas
        Representative Margaret Gillespie
        Lawrence Schroeder, self

MOTION:     DO PASS SB 91

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

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

Voting No:    Koskan

         SB 19: create the crime of communicating a terroristic threat or hoax terroristic threat and to provide certain penalties therefor.

MOTION:     AMEND SB 19

19rf
     On page 2, line 1 of the Senate Judiciary Committee engrossed bill, after " felony. " insert "However, a violation of this section by a child, as defined by subdivision 26-7A-1(6), is a Class 1

misdemeanor, if the violation was committed without a malicious intent to cause death, serious bodily injury, or substantial property damage.".


     On page 2 , line 4, after " felony. " insert "However, a violation of this section by a child, as defined by subdivision 26-7A-1(6), is a Class 2 misdemeanor.".

Proponent:    Jennifer Ring, ACLU of the Dakotas
Opponent:    Charles McGuigan, Attorney General's Office

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

 MOTION:     SUBSTITUTE MOTION AMEND SB 19

19ri
     On page 1, line 5 of the Senate Judiciary Committee engrossed bill, delete everything after " indirectly, " .

     On page 1 , delete line 6 .

     On page 1 , line 7, delete " through an electronic communication device, " .

     On page 1 , line 7, delete " or by any other " .

     On page 1 , line 8, delete " means, " .

     On page 1 , line 12, delete " whether or not the same is in fact used or present, " .

     On page 2 , after line 15, insert:

"      Section 4. That § 22-14A-22 be amended to read as follows:

     22-14A-22.   Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, or destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guilty of falsely reporting a bomb threat . Falsely reporting a bomb threat is a Class 6 felony. Any person found guilty of falsely reporting a bomb threat shall pay restitution for any expense incurred as a result of the crime. The person is also civilly liable for any injury to person or property from the false report and any costs related to responding to the false report. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried

as an adult. ".


Proponent:    Charles McGuigan, Attorney General's Office

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

Voting Yes:    Bogue, de Hueck, Koskan, Daugaard

Voting No:    Koetzle, Moore, Whiting

 MOTION:     AMEND SB 19

19rj
     On page 2, after line 14 of the Senate Judiciary Committee engrossed bill, insert:

"

     Section 5. No part of this Act may be construed to create any cause of action against any public entity, officer, employee, or agent based upon or arising out of any act or omission relating to good faith responses to acts of a third person including a terrorist act or, an attempted terrorist act.".

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

Voting Yes:    de Hueck, Koskan, Daugaard

Voting No:    Bogue, Koetzle, Moore, Whiting

 MOTION:     AMEND SB 19

19rk
     On page 1, line 4 of the printed bill, delete " intentionally " and insert ", with malicious intent,".

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

 MOTION:     DO PASS SB 19 AS AMENDED

Moved by:    de Hueck
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Bogue, Koskan, Moore, Daugaard, Whiting

Voting No:    de Hueck, Koetzle

 MOTION:     ADJOURN

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

Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair

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