HOUSE COMMITTEE ON JUDICIARY

 

 

March 14, 2003   Hearing Room 357

1:00 pm Tapes  84 - 85

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert  Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep.  Bob Jenson

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Krummel

 

STAFF PRESENT:                  Craig Prins, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2118 Public Hearing

                                                HB 2119 Public Hearing and 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 84, A

011

Chair Williams

Opens meeting at 1:10 pm.  Opens public hearing on HB 2118.

HB 2118 PUBLIC HEARING

021

Craig Prins

Committee Counsel.  Explains HB 2118 that expands circumstances under which order authorizing use of pen register or trap and trace device may be entered.

040

Matthew McCauley

Criminal Justice Division, Department of Justice (DOJ).  Submits testimony in support of HB 2118 which adds racketeering to the list of crimes that can use trap trace and pen register  (EXHIBIT A). Describes uses of these tools to identify terrorists and other criminals. Describes Racketeer Influenced and Corrupt Organization Act (RICO) crimes.

159

McCauley

Discusses white-collar crime: embezzling, forgery, and theft. States millions of dollars are stolen by these crimes and restitution is rare. Describes child porn rings and other new organized crime groups. Suggests compromise with those opposed to HB 2118.

191

Erik Wasmann

Department of Justice (DOJ). Agrees with Mr. McCauley’s testimony in support of HB 2118.

200

Rep. Prozanski

Asks about RICO.

210

McCauley

Replies at its broadest it could include any RICO predicate act.

222

Wasmann

Explains how RICO would be affected by this bill. Explains that the state would have to meet a standard to show existence of already committed  predicate acts and the existence of current enterprise.

240

Rep. Anderson

Asks if there are objections on the basis of  intrusion of privacy, and if there are sunsets on this.

250

Wasmann

Answers he is not aware of sunsets.  States that organized crime is growing and many of its forms are new to the justice system.

260

Chair Williams

Focuses on current law regarding trap and trace. Relates concerns about the RICO statutes.

300

Wasmann

Responds DOJ has not analyzed that issue.  States that racketeering by its nature calls for the ability to gather information on those within the enterprise.  Says the focus has not been on the predicate crimes.

329

McCauley

Repeats there is middle ground from which to choose specific predicate acts to include in this bill.  Limitations can be such as predicate acts that are felonies, that are sex-related, that are terrorism, etc.

372

David Fidanque

American Civil Liberties Union (ACLU) of Oregon. Testifies in opposition to HB 2118. Discusses search and seizure of private information. Refers to the limited crimes listed in ORS 165.663 for the purpose of protecting the privacy of innocent individuals.

464

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 2118.

TAPE 85, A

061

Skye

Explains the RICO statute is extremely broad and any activity as minimal as criminal trespass could be subject to pen register or trap and trace.

068

Chair Williams

Asks if they oppose any expansion of  trap and trace.

076

Skye

Answers that narrowing of the RICO statute would be sought.

087

Chair Williams

Closes public hearing on HB 2118.  Asks the committee to further study this bill. Opens public hearing on HB 2119.

HB 2119 PUBLIC HEARING

110

Craig Prins

Committee Counsel. Explains HB 2119 that adds identity theft to definition of racketeering activity for purposes of Oregon Racketeer Influenced and Corrupt Organization Act (RICO).

150

Cheryl Pellegrini

Financial Fraud/Consumer Protection, Department of Justice (DOJ).  Testifies in support of HB 2119 (EXHIBIT B).   Describes identity theft. 

234

Karen Fifer

Victim of identity theft. Explains how her personal information was stolen with her purse. Describes the ease and extent with which the thief was able to use her identity and how her credit report was severely damaged. Describes how her identity came to be used by several different criminals that extended into another state.

430

Pellegrini

Describes a second level of debts that is passed from the original merchant to a collection company, which can later sell its portfolio of uncollected accounts to a third company. The crime of identity theft can be lost in the process.

TAPE 84, B

049

Pellegrini

Answers that  subsequent criminals using stolen identity could be pursued.

075

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 2119.  Explains the concern is with the underlying identity theft statute and says it is too broad and could be used by prosecutors for purposes other than intended. Gives examples of possibilities resulting from the broad language.

131

Skye

Wants all identity theft bills considered together. States the OCDLA does not oppose putting identity theft in the racketeering statute. However, they do oppose any expansion of the identity theft statute.

148

Chair Williams

Reiterates the opposition.   

168

Skye

Discusses the racketeering statute and the need to know the plethora of identity theft bills circulating in the legislature now. Refers to HB 3481 which creates a task force on identity theft.

299

Chair Williams

Comments on the seriousness of organized efforts of identity theft.

330

Rep. Macpherson

Agrees with the chair. Comments on the trafficking of identity theft as pernicious criminality.

348

Chair Williams

Closes public hearing and opens work session on HB 2119.

HB 2119 WORK SESSION

350

Rep. Macpherson

MOTION:  Moves HB 2119 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-4

EXCUSED:  4 - Barker, Krummel, Prozanski, Shetterly

354

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

355

Staff

Submits written testimony by Oregon State Public Interest Research Group (OSPIRG) in support of HB 2119 (EXHIBIT C).

356

Chair Williams

Closes the work session on HB 2119 and adjourns the meeting at 2:25 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2118, written testimony, Matthew McCauley, 2 pp

B – HB 2119, written testimony, Cheryl Pellegrini, 7 pp

C – HB 2119, written testimony of Steve Dixon, OSPIRG submitted by staff, 2 pp