HOUSE COMMITTEE ON JUDICIARY

 

March 05, 2003   Hearing Room 357

1:00 p.m. Tapes  66 - 67

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Floyd Prozanski

 

STAFF PRESENT:                  Bill Taylor, Counsel

Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2174 Public Hearing

                                                HB 2050 Work Session

                                                HB 2086 Work Session

                                                HB 2101 Public Hearing and Work Session

                                                HB 2082 Public Hearing

                                               

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 66, A

002

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a public hearing on HB 2174.

HB 2174 PUBLIC HEARING

014

Phil Lemman

Executive Director, Oregon Criminal Justice Commission. Submits testimony and testifies in support of HB 2174 which approves adoption of certain rules and amendments to sentencing guidelines rules by Oregon Criminal Justice Commission (EXHIBIT A). Wants amendments drafted that set out the full text of the statute in the bill.

135

Chair Williams

Tells Mr. Lemman that he is authorized to work on amendments with Bill Taylor, Committee Counsel, and can bring them back to the committee.

143

Rep. Jenson

Asks what the amendments will do.

151

Lemman

Explains that the new amendments will help maintain sentencing guidelines.

160

Rep. Jenson

Wants to know how the attorneys in the committee feel about this bill.

164

Chair Williams

Responds that a later change in policy on how you go forward with something does not impact a case that’s on appeal.

179

Rep. Shetterly

Agrees with Chair Williams.

193

Chair Williams

Closes the public hearing on HB 2174 and opens a work session on HB 2050.

HB 2050 WORK SESSION

203

Bill Taylor

Committee Counsel. Introduces HB 2050 which expands definition of abuse for purposes of child abuse reporting. Discusses the -1 amendments (EXHIBIT B).

232

Chair Williams

MOTION:  Moves to ADOPT HB 2050-1 amendments dated 01/31/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Prozanski

238

Chair Williams

Hearing no objection, declares the motion CARRIED.

240

Rep. Krummel

MOTION:  Moves HB 2050 to the floor with a DO PASS AS AMENDED recommendation.

242

Rep. Shetterly

Questions what statute infers “culpable mental state” for this bill.

259

Taylor

Says that this is the child abuse reporting statutes and they are talking about an adult failing to report and thinks the penalty is a fine.

274

Chair Williams

Explains and reads part of the bill, including the amendments.

282

Taylor

Reads ORS 419B.010. Reports that if you have reasonable cause to believe then you have to report it.

303

Rep. Shetterly

Worries about the expansion of civil liability for mandatory reporters.

330

Taylor

Discusses civil liability and third party liability.

360

Chair Williams

Points out the importance of this bill.

382

Rep. Shetterly

States that he wishes they could re-visit the whole issue of civil liability. Stresses that the obligation to report is mandatory, and if you don’t report you are potentially civilly liable.

431

Vice-Chair Anderson

Expresses that this is a big problem and we need to be more attuned to what’s going on around us, and to alert the authorities of possible illegal activities.

TAPE 67, A

014

Vice-Chair Ackerman

Recommends that the civil liability issue be discussed during the interim.

026

Rep. Macpherson

Expresses his concerns regarding the bill, and the responsibility of the mandatory reporters.

049

Chair Williams

Discusses obligations of people to report.

064

Rep. Jenson

Suggests that legislators be included as mandatory child abuse reporters.

099

 

VOTE:  8-0-1

EXCUSED:  1 - Prozanski

106

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

110

Chair Williams

Closes the work session on HB 2050 and opens a work session on HB 2086.

HB 2086 WORK SESSION

115

Bill Taylor

Committee Counsel. Introduces HB 2086 which creates crime of cockfighting. Discusses the -1 amendments (EXHIBIT C).

137

Chair Williams

Explains the -1 amendments (Exhibit C). Summarizes the letter from Legislative Counsel (EXHIBIT D) and notes the testimony from Kelly Peterson, Humane Society of the United States (EXHIBIT E).  

177

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2086-1 amendments dated 03/04/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Prozanski

180

Chair Williams

Hearing no objection, declares the motion CARRIED.

178

Rep. Shetterly

MOTION:  Moves HB 2086 to the floor with a DO PASS AS AMENDED recommendation.

182

Rep. Shetterly

Mentions that there are other considerations for amendments.

190

 

VOTE:  7-1-1

AYE:               7 - Ackerman, Anderson, Barker, Krummel, Macpherson, Shetterly, Williams

NAY:               1 - Jenson

EXCUSED:     1 - Prozanski

192

Chair Williams

The motion CARRIES.

REP. WILLIAMS will lead discussion on the floor.

195

Chair Williams

Closes the work session on HB 2086 and opens a public hearing on HB 2101.

HB 2101 PUBLIC HEARING

213

Jonathan Fussner

Assistant Attorney General, Oregon Department of Justice. Submits testimony and testifies in support of HB 2101 which provides that contempt proceedings for violation of Family Abuse Prevention Act restraining order and for violation of Elderly and Disabled Person Abuse Prevention Act restraining order may be conducted in county where violation of restraining order occurs (EXHIBIT F).

265

David Nebel

Oregon Law Center. Submits testimony and testifies in support of HB 2101 (EXHIBIT G).

293

Chair Williams

Asks if there would be any additional costs associated with the court.

301

Fussner

Says, no.

311

Rep. Macpherson

Asks if the court that issued the order would lose jurisdiction to issue contempt proceedings or sanctions.

317

Nebel

Answers that both courts have the authority and those courts decide which county will handle the proceeding.

329

Fussner

Adds that he doesn’t anticipate any problems with this.

340

Rep. Krummel

Asks if phone contact violates a restraining order.

345

Fussner

Answers that it can and explains that the restraining order is up to the issuing judge.

363

Nebel

Agrees with Mr.Fussner and says that the court decides on the order.

 

TAPE 66, B

006

Chair Williams

Closes the public hearing on HB 2101 and opens a work session on HB 2101.

HB 2101 WORK SESSION

010

Vice-Chair Anderson

MOTION:  Moves HB 2101 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

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

EXCUSED:  1 - Prozanski

018

Chair Williams

The motion CARRIES.

REP. ANDERSON will lead discussion on the floor.

019

Chair Williams

Closes the work session on HB 2101 and opens a public hearing on HB 2082.

HB 2082 PUBLIC HEARING

035

Craig Prins

Committee Counsel. Introduces HB 2082 which allows investigator in civil commitment proceeding access to Law Enforcement Data System (LEDS).

054

Bob Joondeph

Director, Oregon Advocacy Center. Submits testimony and testifies in opposition to HB 2082 (EXHIBIT H).

148

Bob Nikkel

Manager, Community Services, Department of Human Services. Submits testimony and testifies in opposition to HB 2082 (EXHIBIT I).

173

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2082.

246

Dave Rugg

Legal Assistant, Metro Public Defenders. Testifies in opposition to HB 2082.

319

Chair Williams

Asks the panel for clarity on the issues. Explains history of the issue to committee.

404

Nikkel

Stresses that most mentally ill people do not have criminal records.

412

Joondeph

Comments on the process of civil commitment. Discusses unfairness of LEDS.

TAPE 67, B

007

Chair Williams

Says he understands, but feels that the most accurate information should be available on these people.

027

Rugg

Agrees with what Chair Williams is saying, but thinks that some of the information is not investigated thoroughly.

035

Rep. Macpherson

Asks if LEDS can be sorted to screen out arrest data.

041

Nikkel

Answers that he is not an expert on LEDS and defers to someone that knows more about the program.

045

Chair Williams

Thinks that they can sort out the arrest data fairly easily.

052

Rep. Macpherson

States that the question is at what cost can this be accomplished.

056

Vice-Chair Ackerman

Asks if they view all of the information in the report from LEDS as admissible.

065

Skye

Answers no, the LEDS report is not automatically admissible.

089

Rep. Jenson

Comments on the LEDS report as a law enforcement tool.

109

Skye

States that in a criminal proceeding the report would rarely be admissible.

135

Chair Williams

Addresses what the bill does.

150

Rep. Jenson

Questions how the LEDS report is used.

164

Skye

Explains civil commitment proceeding.

171

Rep. Jenson

Says that he understands, but has some concerns about the use of the LEDS information.

196

Rep. Krummel

Asks if a LEDS report can provide information to an investigator as to what type of treatment would be effective for a particular patient.

205

Joondeph

Answers, no. Thinks that LEDS information should be primarily used to assess the dangerousness aspect of the person, not their mental state.

213

Rugg

States that he is not an investigator, but says that the investigators are not in the business of how to treat the person.

230

Rep. Krummel

Wonders about the use of the LEDS report to establish cause, gives example.

251

Joondeph

Says that any hint of a weapon is immediate civil commitment. Explains civil commitment.

279

Rep. Shetterly

Comments that the discussion is probably only academic since the bill will probably not be funded.

300

Rep. Barker

Says that as a policemen, he has read a lot of LEDS reports and feels they are not appropriate for this. Adds that LEDS reports are hard to read and to explain.

330

Frances Baker

National Association for the Mentally Ill (NAMI). Testifies on HB 2082. Explains how she supports part of the bill.

386

Phil Chadsey

NAMI. Testifies on HB 2082.

408

Rep. Jenson

Asks Ms. Baker about her proposal to make the LEDS report a part of the investigative report.

422

Baker

Says that the LEDS report as a part of the investigative report is not included in the bill.

433

Chair Williams

Closes the public hearing on HB 2082. Adjourns the meeting at 2:55 p.m.

 

EXHIBIT SUMMARY

 

A – HB 2174, written testimony, submitted by Phil Lemman, 3/5/03, 15 pgs.

B – HB 2050, -1 amendments, dated 1/31/03, submitted by staff, 1 pg.

C – HB 2086, -1 amendments, dated 3/4/03, submitted by staff, 1 pg.

D – HB 2086, written testimony of Greg Chaimov and Charles Daniel Taylor, Legislative Counsel, submitted by staff, 2 pgs.

E – HB 2086, written testimony of Kelly Peterson, submitted by staff, 9 pgs.

F – HB 2101, written testimony, submitted by Jonathan Fussner, 2 pgs.

G – HB 2101, written testimony of Laura Bruce, submitted by David Nebel, 3 pgs.

H – HB 2082, written testimony, submitted by Bob Joondeph, 2 pgs.

I – HB 2082, written testimony, submitted by Bob Nikkel, 2 pgs.