HOUSE COMMITTEE ON JUDICIARY

 

 

March  31, 2003   Hearing Room 357

1:00 p.m. Tapes  110 - 112

 

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. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Bill Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3389 Public Hearing

                                                HB 2672 Public Hearing

                                                HB 2900 Public Hearing

                                                HB 2901 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

110, A

003

Vice-Chair Ackerman

Calls the meeting to order at 1:42 p.m. Opens a public hearing on HB 3389.

HB 3389 PUBLIC HEARING

007

Bill Taylor

Committee Counsel. Introduces HB 3389 which provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances.

025

Michael Dugan

District Attorney, Deschutes County. Submits testimony and testifies in support of HB 3389 (EXHIBIT A).

067

Doug Harcleroad

District Attorney, Lane County. Testifies in support of HB 3389.

090

Dr. Ray Grimsbo

Submits testimony and testifies in opposition to HB 3389 (EXHIBIT B).

136

Rep. Barker

Wonders why Dr. Grimsbo is against using the field test to test the drug.

148

Dr. Grimsbo

Explains how it’s a double-edged sword.

164

Rep. Macpherson

Asks Dr. Grimsbo if he thinks the tests are subjective.

173

Dr. Grimsbo

Answers that he thinks the tests are purely indicators.

180

Rep. Macpherson

Asks Dr. Grimsbo how accurate these tests are.

183

Dr. Grimsbo

Says that it depends upon the drug that is tested.

199

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 3389.

333

Rep. Barker

Wonders if the test is negative, would the defendant have to pay for it.

334

Skye

Answers that is correct.

336

Rep. Barker

Believes that this bill would save money for the state and the constitutional rights of the defendant would be protected.

353

Skye

Explains that the courts have repeatedly recognized the strengths of scientific evidence. Thinks that the field test is not accurate and not fair.

393

Rep. Barker

Says that he does not agree with her and that most people that are caught with drugs plead guilty.

410

Rep. Krummel

Inquires about the differences between a drug field test and a breathalyzer.

419

Skye

Points out the differences.

TAPE 111, A

011

Rep. Jenson

Asks if Ms. Skye has knowledge to the reliability of the field test.

018

Skye

Says no.

020

Rep. Jenson

Wonders if all of the male officers will be tested for color blindness.

024

Skye

Says that issue is part of the issue of  the subjective interpretation of the results.

028

Rep. Macpherson

Asks who pays for a test done by the state lab that is positive.

035

Skye

Explains that the court would order the defendant to pay for the test.

055

Rep. Macpherson

Wonders if this could be a deterrent for a defendant with financial issues.

058

Skye

Says that the biggest cost  would be incarceration for the defendant until the test is confirmed.

079

Dr. Emma Dutton

Oregon State Police, Forensic Services Division. Submits testimony and testifies as neutral on HB 3389 (EXHIBIT C). Discusses test kits.

139

Linton Von Beroldingen

Oregon State Police, Forensic Services Division. Testifies as neutral on HB 3389. Discusses test kits and their accuracies.

171

Vice-Chair Ackerman

Asks what are the common noncontrolled substances that will yield a false positive.

178

Beroldingen

Explains those substances. Says that the likelihood of a false positive is quite low.

212

Rep. Barker

Asks what happens in the field if a drug is tested and it is negative.

220

Beroldingen

Answers that he does not know, but the possibility exists of a false negative.

243

Rep. Jenson

Asks if it is important for the officer to not be distracted when taking a field test.

248

Beroldingen

Explains the best circumstances for conducting a field test.

255

Chair Williams

Closes the public hearing on HB 3389 and opens a public hearing on HB 2672.

HB 2672 PUBLIC HEARING

262

Victor Hoffer

Submits testimony and testifies in support of HB 2672 which requires firefighters and emergency medical technicians to report abuse of elderly persons (EXHIBIT D).

370

Hoffer

Continues his testimony in support of HB 2672.

400

Rep. Jenson

Says that legislators should be included in this bill as reporters.

TAPE 110, B

001

Rep. Shetterly

Comments that they are included because they are a public official.

029

Hoffer

Says that he is an attorney and believes that attorneys are included in the mandatory reporting of child abuse.

042

Chair Williams

Notes that Jacquelyn Zimmer Jones and the Oregon Association of Area Agencies on Aging are in support of HB 2672.

046

Shawn Baird

Oregon Ambulance Association. Submits testimony and testifies in support of HB 2672 (EXHIBIT E).

052

Rep. Shetterly

Says that this is not a 24-hour reporting obligation as it is under the child abuse reporting statute.

066

Bob Livingston

Oregon Firefighters Association. Testifies as neutral on HB 2672.

120

Ken Armstrong

Oregon Fire Chiefs Association. Testifies as neutral on HB 2672.

141

Genoa Ingram

Oregon Fire District Directors Association. Testifies on HB 2672 with some concerns.

158

Rep. Barker

Asks if Department of Public Safety Standards and Training (DPSST) is still training the smaller police departments.

162

Livingston

Says, yes, DPSST does still train small departments, but with budget constraints they may not be doing that in the future.

172

Armstrong

Adds that DPSST does not do much training of the fire departments.

177

Rep. Barker

Asks about the liability if they are not trained properly.

185

Armstrong

Answers that most of the problems would occur in the small districts.

192

Chair Williams

Closes the public hearing on HB 2672 and opens a public hearing on HB 2900.

HB 2900 PUBLIC HEARING

205

Dawn Phillips

Chief of Staff for Rep. Randy Miller. Submits testimony and -2 amendments and testifies in support of HB 2900 which requires Department of Transportation to impose civil penalty of at least $500 and not more than $1,000 on person who refuses to take breath test (EXHIBITS F & G).

227

Bruce Pratt

Springfield, Crime Victims United. Testifies in support of HB 2900.

285

Anne Pratt

Springfield, Crime Victims United.  Submits testimony and testifies in support of HB 2900 (EXHIBIT H).

398

Rep. Jeff Barker

House District 28. Testifies in support of HB 2900.

TAPE 111, B

006

David Vill

Assistant Deputy District Attorney, Lane County. Testifies in support of HB 2900.

028

Doug Harcleroad

District Attorney, Lane County. Testifies in support of HB 2900.

033

Chair Williams

Asks if it would be easier to tag the amount of the violation.

051

Vill

Answers that the judge would decide.

065

Rep. Krummel

Asks if this gets us in a situation of quotas or abuse of power.

074

Harcleroad

Says he doesn’t think so and explains.

082

Rep. Prozanski

Asks about the distribution of monies.

099

Phillips

Comments that in section 5, page 7 of the bill, the monies are split up among the agencies that do the test.

121

Chuck Hayes

Captain, Oregon State Police. Submits testimony and testifies in support of HB 2900 (EXHIBIT I).

174

Jeff Rost

Director, Oregon State Police, Implied Consent Program. Submits testimony and testifies in support of HB 2900 (EXHIBIT J).

224

Chair Williams

Discusses the bill and how it may need to be referred to the Ways and Means Committee.

236

Rep. Shetterly

Asks about the implied consent law.

245

Bill Joseph

Committee Counsel. Says that under the current law you can bring into court evidence that one refused to take the breath test.

260

Chair Williams

Closes the public hearing on HB 2900 and opens a public hearing on HB 2901.

HB 2901 PUBLIC HEARING

281

Anne Pratt

Springfield, Crime Victims United. Testifies in support of HB 2901 which requires person to sign certain acknowledgment and agreement as part of application for driver license or permit or vehicle registration.

354

Bruce Pratt

Springfield, Crime Victims United. Submits testimony and testifies in support of HB 2901 (EXHIBIT K).

378

Barbara Stoeffler

Mothers Against Drunk Driving (MADD). Testifies in support of HB 2901.

429

Rep. Prozanski

Asks if we are adding costs to state government and what the purpose is for retaining the records.

443

A. Pratt

Says that they do not have an estimate of how much it will cost.

448

Chair Williams

Mentions that Kelly Taylor from ODOT will be testifying and could probably answer Rep. Prozanski’s questions.

451

Rep. Prozanski

Asks if there has been a decision for the records to be used in civil litigation.

459

A. Pratt

Answers that was not their intention.

TAPE 112, A

013

Janet Lovelace

Eugene, Crime Victims United. Submits testimony and testifies in support of HB 2901 (EXHIBITS L & M).

061

Doug Harcleroad

Lane County District Attorney. Testifies in support of HB 2901.

081

David Vill

Assistant Deputy District Attorney, Lane County. Testifies in support of HB 2901.

091

Kelly Taylor

Oregon Department of Transportation. Testifies in support of HB 2901.

106

Rep. Prozanski

Asks if they are looking to use these documents in civil cases.

112

Taylor

Says that it does include the microfilming of the documents, but does not include pulling the documents off of microfilm for any court cases.

118

Rep. Barker

Asks how much it will cost.

118

Taylor

Answers about $534,000 in the first biennium and $689,000 in the second biennium. Says this includes eight additional positions.

112

Rep. Shetterly

Asks why they would need these documents for prosecution purposes.

128

Chair Williams

Explains how the documents could help in prosecuting someone.

137

Vill

Says that this would be evidence that they were aware of the risks.

143

Chair Williams

Closes the public hearing on HB 2901. Adjourns the meeting at 3:40 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3389, written testimony submitted by Michael Dugan, 3 pgs.

B – HB 3389, written testimony and Forensic Science Handbook, submitted by Dr. Ray Grimsbo, 10 pgs.

C – HB 3389, written testimony submitted by Dr. Emma Dutton, 3 pgs.

D – HB 2672, written testimony of Cliff Zauner and Holly Robinson, and news article, submitted by Victor Hoffer, 4 pgs.

E – HB 2672, written testimony of Shawn Baird, 1 pg.

F – HB 2900, -2 amendments, submitted by staff, dated 3/26/03, 6 pgs.

G – HB 2900, facts sheets and written testimony of Bruce Pratt, submitted by Dawn Phillips, 4 pgs.

H – HB 2900, written testimony of Buffalo Zobel and article, submitted by Anne Pratt, 6 pgs.

I – HB 2900, written testimony submitted by Captain Chuck Hayes, 2 pgs.

J – HB 2900, written testimony submitted by Jeff Rost, 2 pgs.

K – HB 2901, fact sheet and written testimony submitted by Bruce Pratt, 2 pgs.

L – HB 2900, written testimony submitted by Janet Lovelace, 1 pg.

M – HB 2901, written testimony submitted by Janet Lovelace, 2 pgs.