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Minutes for SB355 - Committee on Judiciary
Short Title
Prohibiting psychiatric or psychological examinations of victims of certain sex offenses in criminal cases.
Minutes Content for Thu, Mar 12, 2020
Chairperson Patton asked for members to consider both, SB373 and SB355.
Natalie Scott explained that SB373 would change the terminology in crimes of selling sexual relations by changing "sexual relations" to a "sex act" and SB355 would prohibit psychiatric or psychological examinations of victims in criminal cases.
Chairperson Patton stated that it was his intention to put contents of SB355 into SB373.
Chairperson Patton moved and Representative Hohiesel seconded to add the contents of SB355 into SB373. Motion carried.
Representative Jennings requested a few minutes to retrieve some material. Chairperson Patton recessed the meeting for a few minutes. The meeting resumed.
Representative Jennings stated that he had an amendment. The amendment would add the contents of HB2473 into the amended SB373. Representative Jennings explained that HB2473 was passed in the Corrections and Juvenile Justice committee. It has to do with under-age, voluntary sexual acts and penalties that currently disproportionate to the behavior. The language in HB2473 would allow intervention, support and services to alter the behavior. The new language applies to persons less than 16 years old, because, under state law, a person who is at least 16 years old can provide consent. Representative Jennings stated that the change of language would apply to persons under age 16 of opposite sex or same sex behaviors. (Attachment 5)
Representative Jennings moved, and Representative Wheeler seconded to insert the contents of HB2473 as recommended by the Corrections and Juvenile Justice committee into SB373 as amended. Motion carried.
Recorded votes in Support - Representative Highberger, Representative Carmichael, Representative Ohaebosim, Representative Owens and Representative Bergquist. Oppose - Representative Hoheisel and Representative Burris.
Representative Samsel had a conceptual amendment. The amendment would restore the original language of SB355 to the version as introduced before it was amended by the Senate committee. There was some discussion.
Representative Samsel moved and Representative Kuether seconded to amend SB355 to the original language as introduced in the Senate. Motion carried.
Recorded votes. Support - Representative Carmichael, Representative Ohaebosim, Representative Bergquist, and Representative Owens. Oppose - Representative Highberger.
Chairperson Patton stated that the committee’s action was back on SB373 that has the contents of HB2473, and the contents of SB355 as amended by Representative Samsel's amendment.
Representative Hoheisel moved and Representative Jennings seconded to pass SB373 as amended favorably. Motion carried.
Recorded votes in Support - Representative Highberger, Representative Carmichael, Representative Ohaebosim, Representative Hoheisel, Representative Owens and Representative Bergquist. Oppose - Representative Burris.
