80
th Legislative Session _ 2005
Conference Committee: SB 67
Thursday, March 03, 2005
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Cutler
P O'Brien, Chair
P Koetzle
P Abdallah
P Schoenbeck, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Lee Schoenbeck, Chair
SB 67: revise certain drug and alcohol offenses, driving offenses, and other felonious
offenses.
Proponents: Charles McGuigan, Office of Attorney General
Neil Fulton, Governor's Office
Jeff Larson, self, Sioux Falls
Opponents: Roger Tellinghuisen, SD Trial Lawyers Association (67raa)
MOTION:
AMEND SB 67
67rad
On page
33,
line 16 of the House Judiciary Committee engrossed bill,
remove the overstrikes
from "
one thousand
"
and delete "
six hundred
".
Moved by: Cutler
Second by: Gillespie
Action: Prevailed by voice vote.
MOTION:
AMEND SB 67
67rab
On page
46,
after line 6 of the House Judiciary Committee engrossed bill, insert:
"
Section 106. That chapter
22-42
be amended by adding thereto a NEW SECTION to read as
follows:
A conviction under
§
22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state
penitentiary or county jail of at least thirty days, which sentence may not be suspended. Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis for
reducing the mandatory time of incarceration required by this section. A second or subsequent
conviction under
§
22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state
penitentiary or county jail of at least one year, which sentence may not be suspended. Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis for
reducing the mandatory time of incarceration required by this section. However, a first conviction
for distribution to a minor under
§
22-42-3 or 22-42-4 shall be punished by a mandatory sentence
in the state penitentiary of at least ninety days, which sentence may not be suspended. Probation,
suspended imposition of sentence, or suspended execution of sentence may not form the basis for
reducing the mandatory time of incarceration required by this section. A second or subsequent
conviction for distribution to a minor shall be punished by a mandatory sentence in the state
penitentiary of at least two years, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for reducing the
mandatory time of incarceration required by this section.
A conviction for the purposes of the mandatory sentence provisions of this chapter is the
acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of
guilt by a jury or court.
The sentencing court may impose a sentence other than that which is required by this section if
the court finds that the defendant provided timely and effective cooperation to law enforcement. The
factual basis finding timely and effective cooperation with law enforcement must be made in
writing.".
Moved by: Abdallah
Second by: Cutler
Action: Prevailed by voice vote.
MOTION:
AMEND SB 67
67rac
On page
46,
after line 6 of the House Judiciary Committee engrossed bill, insert:
"
Section 105. That chapter
22-42
be amended by adding thereto a NEW SECTION to read as
follows:
A first conviction under
§
22-42-2 shall be punished by a mandatory sentence in the state
penitentiary of at least one year, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for reducing the
mandatory time of incarceration required by this section. A second or subsequent conviction under
§
22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least ten years,
which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence may not form the basis for reducing the mandatory time of incarceration
required by this section. However, a first conviction for distribution to a minor under
§
22-42-2 shall
be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence
may not be suspended. Probation, suspended imposition of sentence, or suspended execution of
sentence may not form the basis for reducing the mandatory time of incarceration required by this
section. A second or subsequent conviction for distribution to a minor shall be punished by a
mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be
suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may
not form the basis for reducing the mandatory time of incarceration required by this section. A
conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance
by a court of any plea, other than not guilty , including nolo contendere, or a finding of guilt by a jury
or court.
The sentencing court may impose a sentence other than that which is required by this section if
the court finds that the defendant provided timely and effective cooperation to law enforcement. The
factual basis finding timely and effective cooperation with law enforcement must be made in
writing.".
Moved by: Abdallah
Second by: Cutler
Action: Was not acted on.
MOTION:
AMEND THE AMENDMENT
67rae
On the proposed amendment (67rac), in the fifth line, delete "ten" and insert "five".
Moved by: O'Brien
Second by: Gillespie
Action: Prevailed by voice vote.
ORIGINAL MOTION:
AMEND SB 67
67rac
On page
46,
after line 6 of the House Judiciary Committee engrossed bill, insert:
"
Section 105. That chapter
22-42
be amended by adding thereto a NEW SECTION to read as
follows:
A first conviction under
§
22-42-2 shall be punished by a mandatory sentence in the state
penitentiary of at least one year, which sentence may not be suspended. Probation, suspended
imposition of sentence, or suspended execution of sentence may not form the basis for reducing the
mandatory time of incarceration required by this section. A second or subsequent conviction under
§
22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least ten years,
which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence may not form the basis for reducing the mandatory time of incarceration
required by this section. However, a first conviction for distribution to a minor under
§
22-42-2 shall
be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence
may not be suspended. Probation, suspended imposition of sentence, or suspended execution of
sentence may not form the basis for reducing the mandatory time of incarceration required by this
section. A second or subsequent conviction for distribution to a minor shall be punished by a
mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be
suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may
not form the basis for reducing the mandatory time of incarceration required by this section. A
conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance
by a court of any plea, other than not guilty , including nolo contendere, or a finding of guilt by a jury
or court.
The sentencing court may impose a sentence other than that which is required by this section if
the court finds that the defendant provided timely and effective cooperation to law enforcement. The
factual basis finding timely and effective cooperation with law enforcement must be made in
writing.".
Moved by: Abdallah
Second by: Cutler
Action: Prevailed by voice vote.
MOTION:
AMEND SB 67
67raf
On page
33,
line 20 of the House Judiciary Committee engrossed bill,
remove the overstrikes
from "
The sentence imposed for a conviction under this section carries a
"
.
On page
33
,
remove the overstrikes from lines
21 to 24
, inclusive.
On page
34
,
remove the overstrikes from lines
1 to 5
, inclusive.
Moved by: Cutler
Second by: Abdallah
Action: Prevailed by voice vote.
MOTION:
AMEND SB 67
67raa
On page
46,
after line 6 of the House Judiciary Committee engrossed bill, insert:
"
Section 104. Any driving permit issued by the court for the purposes of employment, attendance
at school, or attendance at counseling programs shall be conditioned on the person's total abstinence
from the use of alcohol. Upon notice and hearing, the court shall immediately revoke the permit if
the person has violated this condition.".
Moved by: Abdallah
Second by: Gillespie
Action: Failed by voice vote.
MOTION:
AMEND SB 67
67jc
On page
28,
line 17 of the House Judiciary Committee engrossed bill,
remove the overstrikes
from "
is a Class 4 felony
"
.
On page
28
,
delete lines
18 to 20
, inclusive.
On page
28
,
line 21,
delete "
substance listed in Schedule I or II is a Class 2 felony
"
.
On page
31
,
line 15,
remove the overstrikes from "
is a Class 4 felony
"
.
On page
31
,
delete lines
16 and 17
.
On page
31
,
line 18,
delete everything before "
.
"
.
Moved by: O'Brien
Second by: Cutler
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND THE AMENDMENT
67rag
On page
28,
line 17 of the House Judiciary Committee engrossed bill,
remove the overstrikes
from "
is a Class 4 felony
"
.
On page
28
,
delete lines
18 to 20
, inclusive.
On page
28
,
line 21,
delete "
substance listed in Schedule I or II is a Class 2 felony
"
.
On page
28
,
line 21,
delete "
of more than
"
.
On page
28
,
line 22,
delete "
one pound
"
.
On page
28
,
line 22,
delete "
Class 2
Class 1
"
and insert "Class 2".
On page
31
,
line 15,
remove the overstrikes from "
is a Class 4 felony
"
.
On page
31
,
delete lines
16 and 17
.
On page
31
,
line 18,
delete everything before "
.
"
.
Moved by: Gillespie
Second by: O'Brien
Action: Prevailed by voice vote.
MOTION:
AMEND SB 67
67jd
On page
35,
line 9 of the House Judiciary Committee engrossed bill,
delete "
, including
speeding
"
.
On page
35
,
remove the overstrikes from line
10
.
Moved by: O'Brien
Second by: Cutler
Action: Prevailed by voice vote.
MOTION:
TO APPROVE THE CONFERENCE COMMITTEE REPORT
Moved by: Cutler
Second by: Abdallah
Action: Prevailed by roll call vote.(5-1-0-0)
Voting Yes: Gillespie, Cutler, O'Brien, Abdallah, Schoenbeck
Voting No: Koetzle
MOTION:
ADJOURN
Moved by: Koetzle
Second by: O'Brien
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Sean M. O'Brien, House Chair
____________________________
Lee Schoenbeck, Senate Chair
../67A.cc
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