84th Legislative Session _ 2009

Committee: 1153, A, 3/12/2009 11:00:00 AM
Thursday, March 12, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gillespie
P    Abdallah
P    Rhoden, Chair
P    Kirschman
P    Lust
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joni Cutler, Chair.

         HB 1153: revise the elements of the crime of indecent exposure involving a child and to broaden the application of the public indecency and indecent exposure statutes.

Proponents:    Senator Sandy Jerstad
Opponents:    Roger Tellinghuisen, Trial Lawyers Association

MOTION:     AMEND HB 1153

1153sd
     On page 1, line 6, of the printed bill, after "," insert " intentionally ".

     On page 1, line 13, delete "i n a public place " and insert "in a public place ,or in the view of a public place, ".

     On page 2, after line 4, insert:

"      Section 3. That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:


     A person commits the crime of private indecent exposure if:

             (1)    The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;

             (2)    The person is in a place where another person has a reasonable expectation of privacy;

             (3)    The person is in view of the other person;

             (4)    The exposure reasonably would be expected to annoy, offend, or alarm the other person; and

             (5)     The person knows that the other person did not consent to the exposure.

     Private indecent exposure is a Class 1 misdemeanor.

     This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.".


Moved by:    Gillespie
Second by:    Kirschman
Action:    Withdrawn.

MOTION:     AMEND HB 1153

1153jc

     On the Senate engrossed bill, delete all amendments, thus restoring the bill to the printed version.


Moved by:    Abdallah
Second by:    Lust
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Gillespie, Abdallah, Rhoden, Kirschman, Lust, Cutler

MOTION:     AMEND HB 1153

1153sd
     On page 1, line 6, of the printed bill, after "," insert " intentionally ".

     On page 1, line 13, delete "i n a public place " and insert "in a public place ,or in the view of a public place, ".

     On page 2, after line 4, insert:

"      Section 3. That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

     A person commits the crime of private indecent exposure if:

             (1)    The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;

             (2)    The person is in a place where another person has a reasonable expectation of privacy;

             (3)    The person is in view of the other person;

             (4)    The exposure reasonably would be expected to annoy, offend, or alarm the other person; and

             (5)     The person knows that the other person did not consent to the exposure.

     Private indecent exposure is a Class 1 misdemeanor.

     This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.".


Moved by:    Gillespie
Second by:    Kirschman
Action:    Prevailed by roll call vote. (6-0-0-0)

Voting Yes:    Gillespie, Abdallah, Rhoden, Kirschman, Lust, Cutler

MOTION:     AMEND TITLE OF HB 1153

1153jtb

     On page 1, line 2, of the printed bill, delete "and" and insert ",".

     On page 1, line 2, after "exposure" insert ", and to establish the crime of private indecent exposure".


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

MOTION:     ADJOURN

Moved by:    Rhoden
Second by:    Abdallah
Action:    Prevailed by voice vote.

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair