HOUSE COMMITTEE ON JUDICIARY

 

 

February 17, 2003   Hearing Room 357

1:00 p.m. Tapes  41 - 42

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2047 Public Hearing

                                                HB 2091 Public Hearing

                                                HB 2111 Work Session

                                                HB 2113 Work Session

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 41, A

004

Chair Williams

Calls the meeting to order at 1:12 p.m.

006

Bill Joseph

Committee Counsel. Discusses documents provided for committee (EXHIBIT A).

027

Chair Williams

Opens a public hearing on HB 2047.

HB 2047 PUBLIC HEARING

029

Bill Taylor

Committee Counsel. Introduces HB 2047 which requires police officers and reserve officers to notify detained foreign nationals of detainee’s rights under Vienna Convention on Consular Relations.

079

Pete Shepherd

Deputy, Attorney General, Department of Justice (DOJ). Submits testimony and testifies in opposition to HB 2047 (EXHIBIT B).

176

Chair Williams

Asks if it is only Section 1 that the Department of Justice objects to.

180

Shepherd

Answers, no. Believes that simply tracking the federal language would not resolve the concerns for them.

205

Rep. Shetterly

Wonders if we need HB 2047 at all. Asks if this is an issue for legislation or education.

213

Shepherd

Replies that it’s an issue for education and legislation, but adds that they think the state should not act on this.

229

Chair Williams

Asks if he thinks the other sections of the bill are unnecessary.

236

Shepherd

Says that they don’t object to the other portions of the bill and there may be utility in the other sections.

256

Rep. Ackerman

Inquires about his objection.

266

Shepherd

Says that the text of Section 1 does not preclude civil liability brought against the individual’s employer.

276

Rep. Krummel

Wonders if the same lack of relief of civil liability be extended in Sections 4 and 5.

282

Shepherd

Answers, yes, one could make the same objection to the language in those provisions.

297

John Powell

Oregon State Sheriff’s Association. Submits testimony and testifies in opposition to HB 2047 (EXHIBIT C).

307

Sheriff Burright

Linn County. Testifies in opposition to HB 2047.

356

Captain Montenaro

Klamath County Sheriff’s Office. Testifies in opposition to HB 2047.

379

Lt. Ed Stallard

Lincoln County Sheriff’s Office. Testifies in opposition to HB 2047.

416

Powell

Discusses detentions.

TAPE 42, A

005

Rep. Ackerman

Asks if they are familiar with any cases in Oregon where the failure to advise a foreign national of his right to communicate with a consular office has been raised in a Miranda hearing.

011

Lt. Stallard

Says that they are not aware of a problem.

020

Rep. Krummel

Inquires about reading of the Miranda rights.

030

Montenaro

Says that there are many signs that advise people of their rights and they are verbally advised of their rights.

036

Lt. Stallard

States that currently there is no advice on the patrol side that takes care of this issue.

046

Rep. Krummel

Asks under Miranda do the rights have to be read at the time of the arrest or at the time of booking.

050

Burright

Explains Miranda rights.

066

Dale Penn

Marion County District Attorney. Submits testimony and testifies in opposition to HB 2047 (EXHIBIT D). Explains that they oppose Sections 1 and 3 because it will increase litigation in Oregon.

180

Chair Williams

Asks if the treaty uses the words “custody” or “arrest” or limits the discussion to “detain.”

215

Rep. Barker

Points out that in other countries “detention” means locking them up.

230

Taylor

Explains that when they were drafting the bill, they tried to be consistent with the treaty so used the word “detain”.

239

Penn

States that he does not think we should be making legislation for this issue at this time.

270

Ingrid Swenson

Oregon Criminals Defense Lawyers Association. Testifies on HB 2047.

411

Rep. Shetterly

Asks if there are remedies under federal law, like a uniform federal standard.

TAPE 41, B

005

Swenson

Answers that she is not sure, but that this treaty is nearly 40 years old and it’s only recently that people have attempted to implement it appropriately. Adds that this law should not be disregarded.

013

Taylor

Explains the reasons that subsection (2) of Section 1 was put in the bill.

031

Andrea Meyer

American Civil Liberties Union of Oregon. Submits testimony and testifies in opposition to HB 2047 (EXHIBIT E).

100

Rep. Macpherson

Asks if the warning would be given only to foreign nationals.

107

Meyer

Says that law enforcement does not want to be put in the position of racial profiling so she believes that anyone taken in would be alerted to their rights.

115

Rep. Barker

Wonders how they would know if they are truly foreign nationals and how would the patrolmen deal with this.

120

Swenson

Says that this is a problem under current law and is not being created by this statute.

141

Rep. Barker

Comments that there seem to be some confusion on when law enforcement officials need to notify foreign nationals of their rights.

150

Swenson

Clarifies that foreign nationals would be notified with their Miranda rights.

162

Rep. Ackerman

Comments that he is concerned about the analysis of this bill being an empty right. Believes that this is the grant of a statutory right.

175

Swenson

Says that by statute it doesn’t create a ground for suppression.

188

Karen Steele

Attorney, Mexican Consulate. Testifies on HB 2047.

212

Chair Williams

Closes the public hearing on HB 2047 and opens a public hearing on HB 2091.

HB 2091 PUBLIC HEARING

218

Timothy Travis

Judicial Department. Submits testimony and testifies on HB 2091 which conforms Oregon law to Vienna Convention on Consular Relations (EXHIBIT F). Discusses the -1 amendments (EXHIBIT G).

305

Rep. Ackerman

Asks how one determines if a child is a foreign national.

319

Travis

Says that the information is provided by the petitioner.

300

Rep. Macpherson

Inquires about the consequence of failure to notify the consulate and if that would invalidate the proceeding.

334

Travis

States that the text of Article 37 (b) covers that problem.

348

Bill Taylor

Committee Counsel. Informs the committee of a letter from Mickey Serice, Department of Human Services (EXHIBIT H).

361

Chair Williams

Closes the public hearing on HB 2091 and opens a work session on HB 2111.

HB 2111 WORK SESSION

361

Bill Taylor

Committee Counsel. Discusses HB 2111 which makes decree or order final judgment as to any child support or spousal support payment that accrues up to time party is served with motion to set aside, alter or modify decree or order. Discusses the -1 amendments (EXHIBIT I) and -2 amendments (EXHIBIT J).

406

Ronelle Shankle

Testifies on HB 2111 and discusses memo regarding -1 amendments from the Department of Justice (EXHIBIT K).

TAPE 42, B

003

Shankle

Continues her testimony on HB 2111.

012

Russ Lipetsky

Attorney, Salem. Testifies in support of HB 2111 and -2 amendments (Exhibit J).

028

Shankle

Says that they are neutral on the -2 amendments (EXHIBIT L).

030

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2111-1 amendments dated 02/12/03.

 

 

VOTE:  9-0-0

033

Chair Williams

Hearing no objection, declares the motion CARRIED.

039

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2111-2 amendments dated 02/12/03.

 

 

VOTE:  9-0-0

042

Chair Williams

Hearing no objection, declares the motion CARRIED.

046

Rep. Shetterly

MOTION:  Moves HB 2111 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0-0

AYE:     In a roll call vote, all members present vote Aye.

050

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

059

Chair Williams

Closes the work session on HB 2111 and opens a work session on HB 2113.

HB 2113 WORK SESSION

061

Bill Taylor

Committee Counsel. Introduces HB 2113 which limits disclosure of child support enforcement information. Discusses -1 amendments (EXHIBIT M).

070

Ronelle Shankle

Department of Justice. Points out memo from her department regarding -1 amendments (EXHIBIT N).

082

Rep. Shetterly

Asks if she has seen Layne Barlow’s testimony (EXHIBIT O).

084

Shankle

Says that she has not seen the letter given to the committee, but talked with him by phone last week. Looks at letter and discusses their conversation with Barlow.

123

Rep. Barker

MOTION:  Moves to ADOPT HB 2113-1 amendments dated 02/17/03.

 

 

VOTE:  9-0-0

130

Chair Williams

Hearing no objection, declares the motion CARRIED.

138

Rep. Barker

MOTION:  Moves HB 2113 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0-0

AYE:     In a roll call vote, all members present vote Aye.

140

Chair Williams

The motion CARRIES.

REP. PROZANSKI will lead discussion on the floor.

142

Chair Williams

Closes the work session on HB 2113 and adjourns the meeting at 2:44 p.m.

 

 

 

EXHIBIT SUMMARY

 

A – Memo, submitted by Bill Joseph, committee counsel, regarding National Institute of Corrections Curriculum, 2/17/03, 2 pgs.

B – HB 2047, written testimony, submitted by Deputy Attorney General Pete Shepherd, 13 pgs.

C – HB 2047, written testimony, submitted by John Powell, 2 pgs.

D – HB 2047, written testimony, submitted by Dale Penn, 1 pg.

E – HB 2047, written testimony, submitted by Andrea Meyer, 2/17/03, 2 pgs.

F – HB 2091, written testimony, submitted by Timothy Travis, 1/14/03, 21 pgs.

G – HB 2091, -1 amendments, submitted by staff, 1/20/03, 6 pgs.

H – HB 2091, written testimony, of Mickey Serice, submitted by staff,  2/17/03, 1 pg.

I – HB 2111, -1 amendments, submitted by staff, 2/12/03, 1 pg.

J – HB 2111, -2 amendments, submitted by staff, 2/12/03, 1 pg.

K– HB 2111-1, written testimony, submitted by Ronelle Shankle, Department of Justice, 2 pgs.

L – HB 2111-2, written testimony, submitted by Ronelle Shankel, Department of Justice, 1 pg.

M – HB 2113, -1 amendments, submitted by staff, dated 2/17/03, 2 pgs.

N – HB 2113-1, written testimony, submitted by Ronelle Shankle, Department of Justice, 2 pgs.

O – HB 2113, written testimony, of Layne Barlow, submitted by staff, dated 2/17/03, 1 pg.