HOUSE COMMITTEE ON JUDICIARY

 

 

March 19, 2003   Hearing Room 357

1:00 PM Tapes  92 - 94

 

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 2508 Public Hearing

                                                HB 2756 Public Hearing

                                                HB 2206 Work Session

                                                HB 2207 Work Session

                                                HB 2047 Work Session

                                                HB 2091 Work Session

                                                HB 2110 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 92, A

005

Chair Williams

Opens meeting at 1:10 pm.  Opens public hearing on HB 2508.

HB 2508 PUBLIC HEARING

030

Sybil Hebb

Family Law Attorney, Oregon Law Center. Explains HB 2508 that permits petitioner to request hearing after issuance of ex parte restraining order. Submits testimony and testifies in support of HB 2508 and describes the -1, -2, and -3 amendments (EXHIBITS A, B, C, D).   Explains the difficulty in determining whether Oregon law meets the federal criteria for gun laws. HB 2508-2 would allow more restraining orders to meet the federal criteria.

100

Hebb

Continues explaining ex parte restraining orders and the amendments to HB 2508.

159

Rep. Prozanski

Supports reducing violence in domestic situations. Asks about allowing temporary order to require respondent to appear or lose right to bear firearms.

176

Hebb

Explains the automatic hearing issue and the fact that both respondent and petitioner have rights to a hearing.

228

Rep. Prozanski

Replies that when temporary restraining orders are issued, the respondent is notified of certain things they have to do to preserve their rights.  If they do not do this, they have had their opportunity for due process. Suggests if the respondent does not appear, they could lose their rights to possess firearms during the procedures, therefore, not putting the petitioner in the position of requesting the relief.

230

Hebb

Replies the petitioner would have to appear at the hearing putting petitioner in jeopardy.

254

Rep. Jenson

Requests that the bill be gender neutral. Refers to paragraph 2, on the 6-month limitation.

274

Hebb

Explains situations such as jail-time.

304

Rep. Jenson

Asks the purpose of the 6-month time period.

325

Hebb

Responds it is to provide a window for the court to determine if there is a threat to the petitioner’s safety.

349

Rep. Jenson

Says he is uncomfortable with the 6-month period of time

364

Vice Chair Ackerman

Asks about the -2 amendments. Asks about “actual notice.”

373

Hebb

Answers that the courts have upheld notice by mail, or any other form of notice which is actual notice.

397

Vice Chair Ackerman

Replies that his concern is with Oregon’s interpretation of actual notice.  Actual notice could mean personal service and anything short of that would not be sufficient.

410

Hebb

Answers the intent is to provide notice by hearing.

415

Rep. Shetterly

Says actual notice is broader than personal service.

TAPE 93, A

016

Roy Sutton

Citizen. Testifies in opposition to HB 2508. Explains his personal experience with restraining orders.  States that due to the restraining orders being reinstated, he has been unable to retrieve his guns and other personal belongings from his home after his divorce. Asks why this works against his rights as a gun owner.

212

Kevin Starrett

Oregon Firearms Federation. Testifies in opposition to HB 2508.  Explains that HB 2508 is a gun control bill. The bill negates the federal and state constitutional rights to bear arms.

245

Rod Harder

National Rifle Association.  Testifies in opposition to HB 2508. Says this is an anti-gun bill. Says this bill allows a vindictive petitioner who files a restraining order to deny the rights of a respondent access to firearms. Emphasizes that due process is not followed; states that restraining orders are based on accusations.

329

Rep. Barker

Asks Mr. Sutton if he ever retrieved his guns.

335

Sutton

Responds to what happened.

381

Staff

Submits written testimony from Judge McKnight (EXHIBIT E).

382

Chair Williams

Closes public hearing on HB 2508.  Opens public hearing on HB 2756.

HB 2756 PUBLIC HEARING

385

Bill Taylor

Committee Counsel. Explains HB 2756 that modifies provisions relating to relief from requirement to report as sex offender based on juvenile adjudication.

424

Kathy Berger

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 2756. Explains that HB 2756 modifies SB 370 that had some problems in implementation.

TAPE 92, B

033

Berger

Continues explaining the intent of HB 2756. Discusses burden of proof is upon the offender. 

105

Peter Deuel

Oregon District Attorneys Association. Explains the work group that produced HB 2756 over a period of years. Further explains provisions of HB 2756.  

143

Dan Malin

Oregon State Police, Sex Offenders Registration Unit. Submits testimony and testifies in support of HB 2756 (EXHIBIT F). Agrees with explanations by Ms. Berger and Mr. Deuel.

175

Taylor

Refers to the fiscal impact of this bill. Explains the amending of the fiscal portion of the bill.

186

Berger

Responds in agreement. Says the work group could amend the bill to reduce the fiscal.

200

Chair Williams

Submits letter from Karen Brazeau, Oregon Youth Authority, in support of HB 2756 (EXHIBIT G).

210

Chair Williams

Asks the work group to meet with the Judiciary staff and Legislative Counsel to amend the bill so that it is fiscally acceptable.

216

Chair Williams

Closes public hearing on HB 2756.  Opens work session on HB 2206.

HB 2206 WORK SESSION

224

Bill Taylor

Committee Counsel. Explains HB 2206 which creates a crime of abuse of memorial to dead in first degree.  Also explains the -1 amendments (EXHIBIT H).

258

Michael Carrier

Director, Oregon Parks and Recreation Department. Testifies in support of HB 2206. Describes the memorials described in this bill as separate from modern cemeteries.  Discusses restitution at the discretion of the court. 

274

Kevin Mannix

Former Oregon Legislative Representative.  Supports bill with one suggestion to change “shall” to “may” for restitution.

301

Rep. Prozanski

Refers to the bill on restitution and explains a Class A misdemeanor would have a fine of $5,000 and/or one-year imprisonment. Discusses actual replacement cost of vandalized monuments.

333

Mannix

Responds that the original bill called for a Class C Felony with a fine up to $100,000 and 5-years in prison. Explains that crime inflation in this state is a problem and explains that guidelines can impair sentencing.

400

Rep. Williams

MOTION:  Moves to SUSPEND the rules for the purpose of  amending the -1 amendments.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

415

Chair Williams

Hearing no objection, declares the rules ARE SUSPENDED.

416

Rep. Williams

MOTION:  Moves to AMEND the -1 amendments on "line 4, page 2, deleting the word "shall" and inserting the word "may."

445

Chair Williams

Asks if there is any objection.

446

Rep. Prozanski

Objects.  Suggests that they use the language “shall consider” as a means to be before the court for consideration.  Disagrees with using “may.”

467

Mannix

Agrees with Rep. Prozanski’s point. Says that requires the court to look at the issue as opposed to empowering the court to do it, which the court already has the power to do.

485

Chair Williams

WITHDRAWS HIS MOTION.

489

Chair Williams

MOTION:  Moves to AMEND HB 2206-1 conceptually by substituting on page 2, line 4 "shall consider ordering” for “shall order.”

 

 

VOTE:  8-0-1

EXCUSED:  1 - Rep. Krummel

499

Chair Williams

Hearing no objection, declares the motion CARRIED.

500

Rep. Williams

MOTION:  Moves to ADOPT HB 2206-1 as conceptually amended.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

501

Chair Williams

Hearing no objection, declares the motion CARRIED.

502

Chair Williams

MOTION:  Moves HB 2206 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

503

Rep. Prozanski

States he has concerns about this bill.

504

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

TAPE 93,B

032

Chair Williams

Closes work session on HB 2206.  Opens work session on HB 2207.

HB 2207 WORK SESSION

033

Bill Taylor

Committee Counsel.  Explains HB 2207 which authorizes State Parks and Recreation Department to request Department of State Police to provide criminal offender information about subject individuals. Says there are no amendments.

040

Chair Williams

Asks what the concerns are about this bill.

045

Rep. Prozanski

Brings up the question of whether HB 2207 was being set up to protect vulnerable Oregonians rather than just anyone using the parks.

060

Mike Carrier

Director, Parks and Recreation. Replies he knows of no specific issues that were presented against the bill.

067

Rep. Prozanski

Discusses line 5, page 1.

089

Rep. Jenson

MOTION:  Moves HB 2207 to the floor with a DO PASS recommendation.

093

Vice Chair Ackerman

Relates his concern regarding vulnerable Oregonians. Does not see how that fits with Parks and Recreation.  Says the information is only for vulnerable Oregonians and asks how that helps the department.

102

Carrier

Answers their volunteers number 2,000 annually who deal with programs for families and youths.

114

Chair Williams

Relates that the volunteers work with children and families.

135

Vice Chair Ackerman

States that he thinks this is a “stretch.” He sees it as bad law and can be corrected.

148

Rep. Jenson

Comments that anyone can be “vulnerable” and sees “Oregonians” as unnecessary in the bill.

163

Rep. Jenson

WITHDRAWS MOTION.

167

Chair Williams

Asks the Parks and Recreation Department to work on this language with Legislative Counsel.

210

Taylor

Explains issues and says they go beyond the scope of the bill.

220

Chair Williams

Closes work session on HB 2207.  Asks for work on this bill. Opens work session on HB 2047.

HB 2047 WORK SESSION

292

Bill Taylor

Committee Counsel. Explains HB 2047 which requires police officers and reserve officers to notify detained foreign nationals of detainee’s rights under Vienna Convention on Consular Relations. Explains the -1 amendments (EXHIBIT I).

298

Rep. Jenson

Declares that he is not comfortable with section 1 removed.

303

Taylor

Explains this does not relieve law enforcement from the obligation to notify.

322

Vice Chair Ackerman

Expresses concern about the language of the bill.

325

Chair Williams

Explains that under Oregon law there is the obligation when a national is under custody.

270

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2047-1 amendments dated 03/04/03.

 

 

VOTE:  9-0

271

Chair Williams

Hearing no objection, declares the motion CARRIED.

272

Chair Williams

Responds that he is willing to move the bill forward.  Submits letter from Dale Penn supporting HB 2047-1 (EXHIBIT J).

273

Rep. Prozanski

MOTION:  Moves HB 2047 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

275

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

422

Rep. Krummel

Supports the bill.  Has reservations on language on page 5.

TAPE 94, A

058

Rep. Jenson

Comments on page 5, and asks about inclusions for other groups such as health professionals training.

070

Chair Williams

Sees the Vienna Convention issues going into the interim. Closes work session on HB 2047.  Opens work session on HB 2091.

HB 2091 WORK SESSION

094

Bill Taylor

Committee Counsel. Explains HB 2091 conforms Oregon law to Vienna Convention on Consular Relations.  Explains the -2 amendments (EXHIBIT K).

095

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2091-2 amendments dated 03/17/03.

 

 

VOTE:  9-0

096

Chair Williams

Hearing no objection, declares the motion CARRIED.

097

Rep. Prozanski

MOTION:  Moves HB 2091 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

098

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

105

Chair Williams

Closes work session on HB 2091.  Opens work session on HB 2110.

HB 2110 WORK SESSION

121

Bill Taylor

Committee Counsel.  Explains HB 2110 which modifies application of definitions. Describes the -3, -4 amendments (EXHIBITS L and M).

137

Staff

Submits written testimony of Judge McKnight in support of the -4 amendments to HB 2110 (EXHIBIT N).

138

Ronelle Shankle

Department of Justice. Explains the -4 amendments.

175

Shankle

Explains the substantive change in section 2 of the -4 amendments.

189

Tamara Brickman

Legislative Coordinator, Oregon Employment Department. Testifies in support of the -3 amendments. Discusses intercepting payments.

218

Shankle

Responds on section 8, explaining the Child Support Program intends to involve obligees as a participant if there is a review of the tax offset.

222

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2110-3 amendments dated 02/19/03.

 

 

VOTE:  9-0

248

Chair Williams

Hearing no objection, declares the motion CARRIED.

249

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2110-4 amendments dated 03/05/03.

 

 

VOTE:  9-0

250

Chair Williams

Hearing no objection, declares the motion CARRIED.

252

Rep. Prozanski

MOTION:  Moves HB 2110 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

253

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

257

Chair Williams

Closes the work session on HB 2110 and adjourns meeting at 3:15 pm.

 


 

 

EXHIBIT SUMMARY

 

A – HB 2508-1 amendments, staff, 2 pp

B – HB 2508-2 amendments, staff, 6 pp

C – HB 2508-3 amendments, staff 2 pp

D – HB 2508, written testimony, Sybil Hebb, 4 pp

E – HB 2508, written testimony by Judge Maureen McKnight, staff, 3 pp

F – HB 2746, written testimony, Dan Malin, 2 pp

G – HB 2756, letter from Karen Brazeau, 1 p

H – HB 2206-1 amendments, staff, 2 pp

I -  HB 2207-1 amendments, staff, 1 p

J – HB 2047, letter from Dale Penn, Rep. Williams, 1 p

K – HB 1091-2 amendments, staff, 6 pp

L – HB 2110-3 amendments, staff, 4 pp

M – HB 2110-4 amendments, staff, 7 pp

N – HB 2110, letter by Judge Maureen McKnight, staff, 1 p