MITCHELL, S.D. (MITCHELLNOW) A House committee rejected a bill today (Monday) that would have expanded the list of crimes ineligible for presumptive probation and barred probationers or parolees from receiving it for new offenses.

Senate Bill 57, brought at the request of Attorney General Marty Jackley, failed on a 9-3 vote to send it to the 41st legislative day, effectively killing the measure.

The bill would have added second-degree aggravated eluding, threatening law enforcement officers, failing to appear for a felony, and threatening judicial or constitutional officers to the list of crimes excluded from presumptive probation.

Brent Kempema, Chief Deputy Attorney General, told the House Judiciary Committee the bill addressed specific public safety concerns, including a recent case where an individual who threatened the governor and two judges received probation.

“We’re not asking for a get around. We’re just simply codifying what are, by definition, aggravating circumstances, things that do create a danger to the community,” Kempema said during rebuttal testimony.

The proposal also would have made offenders ineligible for presumptive probation if they committed a new crime while already on probation or parole.

Cash Anderson from the South Dakota Association of Criminal Defense Lawyers opposed the measure, arguing it unnecessarily limited judicial discretion.

“If the state doesn’t want it, that’s kind of a high hurdle for a criminal defendant to overcome. In my experience, if the state is pushing for that off the table, rarely is that given,” Anderson testified at 7:03 a.m.

Rep. Tim Reisch, R-Howard, a former warden at the South Dakota State Penitentiary, questioned the need for the legislation.

“You know, it seems like every year we get another one of these deals where we’re going to tighten down the screws. We’re going to take away options that the judge has,” said Reisch.

Rep. Will Mortenson, R-Fort Pierre, initially moved to kill the bill, with Rep. Reisch seconding the motion. Rep. Mary Fitzgerald, R-Spearfish, offered a substitute motion for a “do pass” recommendation, supported by Rep. Trish Ladner, R-Hot Springs.

“There is no real deterrent when you have presumptive probation,” Fitzgerald said. “We’ve got to have some teeth in the law.”

The substitute motion failed 9-3 before the committee approved Mortenson’s 41st day motion by the same margin.