Home > 2015 SD Legislative Session > Senate Judiciary committee has 4 bills on Thurs Feb 26

Senate Judiciary committee has 4 bills on Thurs Feb 26

February 25, 2015

oldstylejudgeOn Thursday, February 26th, at 8:00 AM the SD Senate Judiciary committee will take on 4 bills.

Also on the agenda:

Attorney General Reappointments:
Myron L. Rau, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Pardons and Paroles

Krista Heeren-Graber, Hutchinson County, Freeman, South Dakota to the South Dakota Interstate Compact for Adult Offender Supervision

HB 1134 – SoDakLiberty PostsRevise certain provisions concerning the expungement of arrest records.

Rep Dan Kaiser (R, Dist 3) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors. This passed House Judiciary 9-3 and the House floor 64-2. This is a good bill. Guilty until proven innocent is a cornerstone of the legal system in the US. A prosecutor being able to make a determination of expungement without a hearing before a judge goes against the very foundation of the US legal system.

HB 1073 – SoDakLiberty PostsRequire a sex offender to report a change in vehicle status to law enforcement.

Rep Dan Kaiser (R, Dist 3) and  Sen Brock Greenfield  (R, Dist 2) are the prime sponsors. Originally this bill would have modified a current statute to add this in to where it would be a Class 6 Felony.That version of the bill passed House Judiciary 10-3. It was then hoghoused on the House floor. The new version of the bill adds the same language as a new piece of code and makes this a Class 1 misdemeanor. I think that was a good change dropping the charge down to a misdemeanor. The bill passed the House floor 68-1 after being amended.

HB 1129 – SoDakLiberty PostsRevise the property exempt from process in bankruptcy cases.

Rep Steve Hickey (R, Dist 9) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors of this bill. This adds motor vehicles used for normal activity valued at less than $5,000 to the list of exempt property. It specifically says recreation vehicles like ATV’s and jet-skis don’t count. The bill originally included the earned income tax credit (EITC) of a federal tax refund as also protected. The EITC provision was amended out in committee. It then passed the Judiciary committee 12-0. The bill made it through the House floor 40-27.

HB 1128 – SoDakLiberty PostsProtect certain homestead exemption interests during sale of homestead or separation of owners.

Rep Steve Hickey (R, Dist 9) and Sen Arthur Rusch (R, Dist 17) are the prime sponsors of this bill. This bill passed House Commerce 10-2. It was then substantially amended on the House floor. I’ll have to listen to the testimony on this bill again, I can’t seem to recall the details of it. After being amended it passed the House floor 61-6.

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