HOUSE COMMITTEE ON JUDICIARY

 

 

March 27, 2003   Hearing Room 357

1:00 pm Tapes  108- 109

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:             Rep. Bob Jenson

 

STAFF PRESENT:                  Bill Taylor, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2784 Public Hearing and Work Session

                                                HB 2725 Public Hearing

                                                HB 2727 Public Hearing and Work Session

                                                HB 2729 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 108, A

004

Chair Williams

Opens meeting at 1:22 pm.  Opens public hearing on HB 2784.

HB 2784 PUBLIC HEARING

006

John Mabrey

House District 59.  Supports HB 2784 which authorizes service district that previously provided enhanced law enforcement services by contract with sheriff of county to provide law enforcement services,  and introduces Dennis Luke.

008

Dennis Luke

Deschutres County Commissioner. Testifies in support of HB 2784 and submits testimony (EXHIBIT A). Explains background on HB 2784 which clarifies legislative intent of previous bills. Discusses problems with Black Butte Service District police services.  Explains three possible actions:

  • Do nothing
  • Have reformation election for Black Butte service district
  • Pass HB 2784  to establish legislative intent

HB 2784 would affect the Black Butte and Clackamas County special districts.  Says the bill is supported by Deschutes County Sheriff, Black Butte Chief of Police, Black Butte Home Owners Association, Deschutes County Board of Commissioners, former Senator Neil Bryant, and the Special Districts Association.

065

Bill Taylor

Committee Counsel.  Refers to 2001 session when this bill was brought to the legislature.  At the time Black Butte was created, the officers were not sworn. 

075

Rep. Krummel

Asks about Clackamas County.

093

Luke

Responds that  he was informed that a Clackamas County service district would be affected by the bill.

095

Chair Williams

Comments that Clackamas County has a planned community issue like Black Butte’s situation.

098

Vice Chair Anderson

Supports the bill.

099

Staff

Submits testimony in support of HB 2784 from Rep. Tim Kropp (EXHIBIT B) and from Sen. Bev Clarno (EXHIBIT C).

100

Chair Williams

Closes public hearing on HB 2784.   Opens work session on HB 2784.

HB 2784 WORK SESSION

101

Rep. Anderson

MOTION:  Moves HB 2784 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Macpherson*

102

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JOHN MABRY will lead discussion on the floor.

110

Chair Williams

Closes work session on HB 2784. Opens public hearing on HB 2725.

HB 2725 PUBLIC HEARING

130

Bill Taylor

Committee Counsel. Explains HB 2725 which modifies crime of giving false information to police officer to include service of warrants.

132

Rep. Prozanski

Explains HB 2725 will fix a current statute regarding giving false information to a police officer to include when an officer is serving a warrant.

137

Rep. Anderson

Asks if the penalty is the same.

141

Rep. Prozanski

Answers, yes, and explains this goes further when a warrant is issued.

144

Rep. Barker

Explains it is only when they are arrested that this applies.

147

Chair Williams

Asks if there is a fiscal impact on this statement.

150

Rep. Prozanski

Answers there may be a fiscal because it will be a Class A misdemeanor, at local level.

160

Brad Berry

Oregon District Attorneys Association (ODAA).  Testifies in support of HB 2725. Gives examples of false identification being presented to officers.

206

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to HB 2725.  Explains there will be constitutional implications.

277

Chair Williams

Asks about intent of the bill to apply to a situation where someone has a known warrant.

292

Rep. Prozanski

Replies the intent is to address the issue of  “knowingly uses a false name at the time an officer is serving a warrant.”

340

Berry

Comments on burden of proof.  The state would have to prove that false information has been given knowingly to avoid service of the warrant.

379

Rep. Shetterly

Gives example and discusses  service of warrant. Asks for clarification of “serving a warrant.”

415

Rep. Prozanski

Explains that if they admit giving a false name because there was a warrant out for their arrest, then they would be captured under the provisions of HB 2725.

 

TAPE 109, A

051

Vice Chair Ackerman

States search warrants are directed to premises usually, not persons. Asks when serving a search warrant of premises, what if those occupants give false names.

060

Berry

Replies that he would say not, except if an individual was found in a drug house and if the person identified himself fraudulently to avoid outstanding warrant, HB 2725 could be enforced. There would be the problem of proof from subsequent statements. Describes avoiding service of an outstanding warrant.  Prosecution must prove through subsequent statements of the individual.

072

Vice Chair Ackerman

Discusses how probable cause to arrest and using a false name to avoid arrest is not material.

085

Rep. Barker

Refers to citations the officer has to explain that if a false name is used it is a violation of law..

090

Rep. Shetterly

Says the language may not be what you want.

095

Chair Williams

Asks about misleading officers.

106

Rep. Prozanski

States he has never has seen a third party cited for giving false information to an officer.

119

Rep. Shetterly

Discusses the language.

127

 Chair Williams

Asks Rep. Prozanski to work with Mr. Barry and Ms. Skye to focus on the bill for clarification.

130

Skye

Discusses purposes of serving a warrant. Does not see it as a problem of proof, sees it as a problem if that person is guilty of a crime.

158

Rep. Shetterly

Refers to  arrest warrant statutes and search warrant statutes.

173

Rep. Prozanski

Says his intention was not to include search warrants.

181

Taylor

Asks for guidance on the language.

185

Chair Williams

Closes public hearing on HB 2725. Opens public hearing on HB 2727.

HB 2727 PUBLIC HEARING

205

 Rep. Prozanski

House District 8. Describes HB 2727 which requires property owner to give notice to law enforcement agency before entering contaminated property.  Describes what has been found on property where the owner- occupants are operating methamphetamine labs.

246

Rep Krummel

Asks what kind of exposure would this present to law enforcement.  For example, if the police allow parties onto contaminated property, do parties have legal recourse?

278

Rep. Barker

Comments on the potential to destroy evidence by property owners.

282

Rep. Prozanski

Comments that law enforcement wants the opportunity to know if the owner or an individual is entering the property and to be able to go to the location while the individual may be there.

324

Vice Chair Ackerman

Asks about line 14, b and c.    

350

Rep. Prozanski

Replies that the owner would be required to notify the agency prior to entering  the premises.

388

Mark Landauer

City of Portland, Government Relations. Testifies in support of HB 2727. Refers to 2001 Session when the bill was first introduced. 

398

Chair Williams

Closes public hearing on HB 2727. Opens work session on HB 2727.

HB 2727 WORK SESSION

399

Rep. Barker

MOTION:  Moves HB  2727 to the floor with a DO PASS recommendation.

 

 

 VOTE:  8-0-1

 EXCUSED:  1 – Jenson

389

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

TAPE 108, B

399

Chair Williams

Closes work session on HB 2727 and opens public hearing on HB 2729.

HB 2729 PUBLIC HEARING

001

Rep. Prozanski

House District 8. Explains HB 2729 which removes requirement that name and address of person to whom court should disburse payments appear in money judgment in criminal action. Testifies in support of HB 2729.

037

Bradd Swank

Special Counsel, State Court Administrator’s Office. Discusses legal right for disbursement of restitution. Describes the person named in a judgment is who gets the restitution, therefore,  a name and an address, not the victims,’ must be named. Says the bill must require the name and address of somebody to receive the restitution.

093

Rep. Shetterly

Asks who is the judgment creditor.

097

Swank

Replies the state is the judgment creditor in a criminal judgment.  The state disburses to the person named in the judgment.

100

Taylor

Asks if the victim does not want his name used, must they give their name and address.

109

Swank

Explains who writes the judgments.

120

Taylor

Gives example of not giving name.

125

Swank

Reports in about one-third of the counties, the judgments are written by the district attorneys, about one-third  the court makes arrangements, and about one-third are uniform criminal judgment by computer.

147

Rep. Prozanski

Asks to work with  Mr. Swank and Counsel Taylor to fix this bill.

165

Rep. Anderson

Asks if the name or address of the judgment could be another state.

170

Chair Williams

Closes public hearing on HB 2729. Reopens work session on HB 2784.

HB 2784 WORK SESSION

150

Rep. Williams

*MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. MACPHERSON to BE RECORDED as voting AYE on the "the motion to move HB 2784 to the floor with a Do Pass recommendation."

 

 

VOTE:  8-0-1

EXCUSED:  1 – Jenson

151

Chair Williams

Hearing no objection, declares the motion CARRIED.

152

Chair Williams

Closes work session on HB 2784. Adjourns meeting at 2:30 pm.

 

 

EXHIBIT SUMMARY

 

A -  HB 2784, written testimony, Dennis Luke, 1 p

B – HB 2784, written testimony of Rep. Tim Knopp submitted by staff, 1 p

C – HB 2784, written testimony of Sen. Bev. Clarno submitted by staff, 1 p