HOUSE COMMITTEE ON JUDICIARY

 

 

March 13, 2003   Hearing Room 357

1:00 pm Tapes 81 -83

 

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

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:  HB 2770 Public Hearing

                                                HB 2073 Public Hearing

                                                HB 2115 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 81, A

006

 Chair Williams

Opens meeting at 1:22 pm.  Opens public hearing on HB 2770.

HB 2770 PUBLIC HEARING

034

Bill Taylor

Committee Counsel. Explains HB 2770 that creates the crime of strangulation.

035

Rep. Prozanski

Submits letter from Legislative Counsel and testifies in support of HB 2770 (EXHIBIT A).  Explains concerns of domestic violence. Explains the -1 amendments (EXHIBIT B). 

075

Phyllis Barkhurst

Attorney General’s Sexual Assault Task Force and member of Oregon Alliance to End Violence Against Women. Testifies in support of HB 2770. Explains that the laws are not adequate to prosecute the assault of strangulation.

100

Kris Karcher

Chief Deputy Medical Examiner, Coos County. Testifies in support of HB 2770. Describes victims of strangulation that she has seen. Explains the anatomy of the neck and how vulnerable the neck is to asphyxiation by strangulation. Explains how quickly a victim can be strangled to death.

202

Craig Roberts

Detective, Clackamas County Sheriff’s Office, Program Director of Domestic Violence Team. Testifies in support of HB 2770. Describes strangulation victims in his 20 years experience.  Victims’ injuries range from minor injuries to death. There are sometimes no obvious signs of injury.  This pattern of violent behavior is prevalent in domestic cases.

254

Gina Skinner

Deputy District Attorney, Washington County. Testifies in support of HB 2770.  States that strangulation cases are very common and difficult to prosecute.  Explains that strangulation injury is not easily apparent.   Describes the inconsistency in charging this as assault.

298

Jean Kunkle

Marion County Domestic Violence Team.  Agrees with Ms. Skinner’s testimony.

474

Lisa Fryer

Victim of strangulation.  Testifies in support of HB 2770 and explains her personal experience when her former husband strangled her in front of their 10-year-old daughter. Describes how she almost died and the emotional trauma upon her and her daughter.

TAPE 82, A

058

Skinner

Explains that officers who investigate strangulations do not have specialized training to assess these kinds of cases.

074

Maile McClusky

Advocate for domestic violence victims, Clackamas County.  Testifies in support of HB 2770 and gives examples of strangulation victims she has worked with. Describes how strangulation is used by assailants to control victims.

120

Elaine Walters

Lane County Health Systems, Governor’s Council on Domestic Violence. Testifies in support of HB 2770 and explains there is confusion whether eminent harm has taken place in strangulation victims.  Describes the terror of victims. Explains a clearly defined crime will result in more response from law enforcement and prosecutors.

141

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to HB 2770 as it is written. Submits testimony with explanation (EXHIBIT C).  Proposes some requirement in the bill that shows “intent is to cause harm.”

253

Rep. Prozanski

Suggests language changes that would solve problems referred to.

265

Russell

Responds she would like to see the language.

282

Rep. Barker

Comments on personal experience in law enforcement when “calming someone down” was used as an excuse for strangulation.

313

Rep. Shetterly

Asks about exemptions such as in rescuing others, for example, life guarding.

339

Russell

Responds describing “Good Samaritan” laws.

341

Rep. Shetterly

Asks about “justification” statutes in defense of others.

370

Russell

Answers there are specific exemptions; gives examples.  Says there are examples that do not fit into categories and lack the “desire to do harm.”

373

Rep. Krummel

Describes personal experience in sports in relation to “strangulation” as a resulting injury.

425

Rep. Macpherson

Comments on acts of violence with armed assault. Asks if assault with the bare hands is comparable to assault with arms.

465

Russell

Explains there are other ways to cause physical injury without “arms.”

TAPE 81, B

048

Vice Chair Anderson

Explains that some language about dental procedures should show exemptions.

056

Rep. Jenson

Discusses classifications of crimes. Asks if hands are a deadly weapon.

072

Russell

Replies that case law supports that parts of a person’s body cannot constitute a weapon.  It is the law’s interpretation of what a weapon is.

081

Staff

Submits testimony in support of HB 2770 from Portland City Commissioner (EXHIBIT D).

082

Chair Williams

Closes public hearing on HB 2770.  States that more work will be done on this.  Opens public hearing on HB 2073.

HB 2073 PUBLIC HEARING

098

Rep. Max Williams

House District 35. Testifies in support of HB 2073 that creates the State Commission on Court Facilities. Explains the serious issues in counties regarding facilities for courts. 

175

Ed Harndon

Past President, Oregon State Bar. Testifies in support of HB 2073. Explains that efficient and safe handling of justice in county facilities is at stake. Describes concerns for “suitable” facilities. Describes HB 2073 as a plan for the future for court facilities.  

294

Dennis Doherty

County Commissioner, Umatilla County. Testifies in support of HB 2073.  Supports the -1 amendments (EXHIBIT E).  Explains how the county facilities are unsafe and inadequate.

374

Paul Snider

Association of Oregon Counties (AOC). Testifies in support of HB 2073.  Supports the -1 amendments.   

TAPE 82, B

030

Snider

Continues discussing recommendations of prioritizing in HB 2073.  Discusses increases in costs and unitary assessments.  Says Judicial Department will have amendments.  

102

John Powell

Oregon State Sheriffs Association. Testifies in support of HB 2073 and suggests a sheriff be on this task force. Describes how security is a major issue in public buildings.

136

Bob Oleson

Judicial Administration Committee, Oregon State Bar. Testifies in support of HB 2073.

140

Marilyn Odell

Judicial Administration Committee, Oregon State Bar. Testifies in support of HB 2073 and submits (EXHIBIT F).

173

Tom Kranovich

Judicial Administration Committee, Oregon State Bar.  Supports HB 2073. Says this bill will start the process of improving court facilities.

200

Mike Dugan

District Attorney, Deschutes County. Explains how district attorneys use court facilities. Supports the bill.

012

Bradd Swank

State Court Administrator’s Office. Submits testimony and testifies in support of HB 2073 (EXHIBIT G).

315

Staff

Submits testimony by the Oregon Disabilities Commission (EXHIBIT H) and the City of Eugene (EXHIBIT I).

316

Chair Williams

Closes public hearing on HB 2073.  Opens public hearing on HB 2115 which allows state to have licenses psychologist examine defendant who is charged with murder and asserts defense of extreme emotional disturbance..

HB 2115 PUBLIC HEARING

340

Jonathan Fussner

DOJ. Explains the defense of extreme emotional disturbance.  Explains the purpose of the bill is to add licensed psychologists to that particular defense.    

485

Michael Dugan

Oregon District Attorneys Association and testifies in support of HB 2115 and submits testimony (EXHIBIT J).

TAPE 83, A

044

Dugan

Continues presentation on supporting psychologists as examiners in extreme emotional disturbance cases.

062

Susan Russell

Oregon Criminal Defense Lawyers Association. Opposes sections 2 and 3 and supports section 1 of HB 2115 which unnecessarily amends diminished capacity defense requirements.  Submits testimony (EXHIBIT K).

112

Chair Williams

Asks what is the intent in sections 2 and 3.

122

Fussner

Responds there was no intention to expand the requirements for the notice.   Says the purpose was to clarify the expert testimony for diminished capacity.

121

Dugan

Responds that mental disease or defect as a defense described as “partial responsibility” should be stated as “diminished capacity.”

150

Russell

States that “diminished capacity” should be used instead of partial responsibility.

154

Chair Williams

Suggests clarification of the language.

155

Chair Williams

Closes public hearing on HB 2115.  Adjourns meeting at 3:21 pm.

 

 

EXHIBIT SUMMARY

 

A – HB 2770, written testimony, Rep. Floyd Prozanski, 1 p

B – HB 2770-1 amendments, staff, 1 p

C – HB 2770, written testimony, Susan Russell, 1 p

D – HB 2770, written testimony, Staff, 1 p

E – HB 2073-1 amendments, staff, 3 pp

F – HB 2073, written testimony, Marilyn Odell, 1 p

G – HB 2073, written testimony, Bradd Swank, 3 pp

H – HB 2073, written testimony, Staff, 1 p

I  -  HB 2073, written testimony, Staff, 1 p

J -   HB 2115, written testimony, Michael Dugan, 2 pp

K – HB 2115, written testimony, Susan Russell, 2 pp