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.