81st Legislative Session _ 2006

Committee: Senate Judiciary
Friday, February 17, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gray
P    Knudson
P    Koetzle
P    Koskan
P    Moore
P    Schoenbeck, Vice-Chair
P    Abdallah, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 15, 2006

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

         HB 1203: define marital and nonmarital property for the purposes of the division of property between parties at divorce.

Presented by:    Representative Margaret Gillespie
Proponents:    Linda Lea Viken, self, Rapid City (via teleconference)

MOTION:     DEFER HB 1203 TO THE 36TH LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Schoenbeck
Action:    Prevailed by roll call vote.(7-0-0-0)


Voting Yes:    Gray, Knudson, Koetzle, Koskan, Moore, Schoenbeck, Abdallah
        
The gavel was passed to Senator Lee Schoenbeck, Vice-Chair

         HB 1180: prohibit certain acts of child abuse and endangerment and to provide penalties therefor.

Presented by:    Representative Sean O'Brien
Proponents:    Clyde Calhoun, Brookings County State's Attorney (via teleconference)
        Ann Holzhauser, Department of Social Services
        Chuck Schroyer, SD States Attorneys Assn.
        Michael Moore, Beadle County State's Attorney
        Susan Randall, SD Voices For Children

MOTION:     AMEND HB 1180

1180re
     On page 1, between lines 3 and 4 of the House engrossed bill, insert:

"

    
     Section 1. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

     It is a Class 1 misdemeanor for any parent, guardian, or custodian as defined in §  26-7A-1 to willfully deprive a child of necessary food, clothing, shelter, medical care, or supervision appropriate to the child's age, if the parent or guardian is reasonably able to make the necessary provision and if the deprivation harms or endangers the child. However, if the deprivation results in serious bodily injury the violation is a Class 6 felony.".

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

MOTION:     DO PASS HB 1180 AS AMENDED

Moved by:    Abdallah
Second by:    Knudson
Action:    Prevailed by roll call vote.(5-1-1-0)

Voting Yes:    Gray, Koetzle, Moore, Schoenbeck, Abdallah



Voting No:    Koskan

Excused:    Knudson
        
The gavel was returned to Senator Gene G. Abdallah, Chair

         HB 1119: repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

Presented by:    Representative Tim Rounds
Proponents:    Representative Margaret Gillespie
        Larry Long, Attorney General (Handouts #1 and #2)
        Neil Fulton, Governor's Office

MOTION:     AMEND HB 1119

1119rk
     On page 4, line 3 of the House engrossed bill, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. ".

     On page 5 , line 7, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. ".

     On page 5 , line 24, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. ".

     On page 8 , line 5, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. ".

     On page 8 , line 16, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. ".

Moved by:    Gray
Second by:    Koskan


Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1119

1119rl
     On page 4, line 3 of the House engrossed bill, delete " incarceration to parole supervision " and insert " imprisonment ".

     On page 5 , line 7, delete " incarceration to parole supervision " and insert " imprisonment ".

     On page 5 , line 23, delete " incarceration to parole " and insert " imprisonment ".

     On page 5 , line 24, delete " supervision " .

     On page 8 , line 5, delete " incarceration to parole supervision " and insert " imprisonment ".

     On page 8 , line 16, delete " incarceration to parole supervision " and insert " imprisonment ".

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

MOTION:     DO PASS HB 1119 AS AMENDED

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

Voting Yes:    Gray, Knudson, Koskan, Moore, Schoenbeck, Abdallah

Voting No:    Koetzle

         HB 1219: revise the advice that a law enforcement officer must give any person arrested for driving under influence.

Presented by:    Representative Mike Vehle (Handout #3)

The Chair deferred HB 1219 until Wednesday, February 22, 2006.

         HB 1150: revise certain provisions relating to controlled drugs and substances.


Opponents:    Michael Moore, Beadle County State's Attorney

The Chair deferred HB 1150 until Wednesday, February 22, 2006.

MOTION:     ADJOURN

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

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair


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