80th Legislative Session _ 2005

Committee: House Judiciary
Friday, February 11, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    Gillespie
P    Haley
P    Hennies
E    Jensen
P    Michels
P    Murschel
P    O'Brien
P    Roberts
P    Sebert
P    Tornow
P    Van Norman
P    Hunt, Vice-Chair
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Cutler

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 9, 2005

Moved by:    Michels
Second by:    Hunt
Action:    Prevailed by voice vote.

         HB 1222: establish child neglect and endangerment as criminal offenses and to provide penalties therefor.

Presented by:    Representative Sean O'Brien
Proponents:    Tony Sanchez, Department of Social Services
        Chuck Schroyer, SD States Attorneys Assn.


Other testimony was given on HB1222 at the February 5, 2005 meeting.

MOTION:     AMEND HB 1222

1222re
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. It is a Class 2 misdemeanor for any parent or guardian to willfully deprive his or her child of necessary food, clothing, or shelter if the parent or guardian is reasonably able to make the necessary provisions and the deprivation harms the child's physical, mental, or emotional health.

     Section 2. It is a Class 2 misdemeanor for any parent or guardian to knowingly permit any continuing physical or sexual abuse of his or her child.

     Section 3. It is a Class 2 misdemeanor for any parent or guardian to:

             (1)    Intentionally or recklessly cause or permit his or her child to be placed in a situation likely to substantially harm the child's physical health or cause the child's death; or

             (2)    Knowingly cause or permit his or her child to be present where any person is manufacturing methamphetamines.

     Section 4. It is a defense to prosecution under this Act if, at the time of the offense, there was a reasonable apprehension in the mind of the defendant that acting to stop or to prevent the offense would result in substantial bodily harm to the defendant or the child in retaliation.

     Section 5. The code counsel shall codify this Act in a newly created chapter in Title 22 entitled "Offenses Against the Family.""


Moved by:    O'Brien
Second by:    Sebert
Action:    Prevailed by voice vote.

MOTION:     AMEND THE AMENDMENT

1222rg
     In the previously adopted amendment (1222re), delete "parent or guardian" wherever the term appears and insert "parent, guardian, or custodian".

Moved by:    O'Brien


Second by:    Murschel
Action:    Prevailed by voice vote.

MOTION:     AMEND THE AMENDMENT

1222rh
     In the previously adopted amendment (1222re), section 1, after "deprivation" insert "substantially".

Moved by:    Hunt
Second by:    Tornow
Action:    Failed by roll call vote.(5-6-2-0)

Voting Yes:    Haley, Roberts, Tornow, Van Norman, Hunt

Voting No:    Hennies, Michels, Murschel, O'Brien, Sebert, Cutler

Excused:    Gillespie, Jensen

MOTION:     DO PASS HB 1222 AS AMENDED

Moved by:    O'Brien
Second by:    Sebert
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1222 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hennies
Second by:    Van Norman
Action:    Failed by roll call vote.(3-8-2-0)

Voting Yes:    Hennies, Tornow, Van Norman

Voting No:    Haley, Michels, Murschel, O'Brien, Roberts, Sebert, Hunt, Cutler

Excused:    Gillespie, Jensen

MOTION:     AMEND THE AMENDMENT

1222ri
     In the previously adopted amendment (1222re), delete "Class 2 misdemeanor" wherever the term appears and insert "Class 1 misdemeanor".

Moved by:    Hennies
Second by:    Michels
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1222 AS AMENDED

Moved by:    Michels
Second by:    Hunt
Action:    Prevailed by roll call vote.(10-1-2-0)

Voting Yes:    Haley, Hennies, Michels, Murschel, O'Brien, Roberts, Sebert, Tornow, Hunt, Cutler

Voting No:    Van Norman

Excused:    Gillespie, Jensen

         HB 1185: implement the federal Indian Child Welfare Act.

Presented by:    Representative Thomas Van Norman
Proponents:    Steve Emery, Rosebud Sioux Tribe
        Mike Peters, Secretary, Sisseton Sioux Tribe
        Raymond Cournoyer, Marty, SD
        Bob Walters, Eagle Butte, SD
        Andrew Small, Minneapolis, MN
        Mary Ann Bearheels McCowen, First Voices, Pierre, SD
        Margaret Eagan, Eagle Butte, SD
        Marge Two Hawk, self, Pierre, SD
        Jennifer Ring, ACLU of The Dakotas
        Representative Jim Bradford
Opponents:    Jean Cline, Self, Rapid City, SD
        John R. Hughes, self, Sioux Falls, SD
        Mike Schad, Pennington Co States Att. Office, Rapid City, SD
        Kelly Marnette, Attorney, Aberdeen

The Chair deferred HB 1185 until Monday, February 14, 2005.

The Chair deferred HB 1226 until Monday, February 14, 2005.

The Chair deferred SB 97 until Monday February 14, 2005.



The Chair deferred SB 146 until Monday, February 24, 2005.

MOTION:     ADJOURN

Moved by:    Sebert
Second by:    Hunt
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Joni M. Cutler, Chair


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