HOUSE COMMITTEE ON JUDICIARY

 

 

April 03, 2003 Hearing Room 357

1:00 pm Tapes  121 - 124

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:             Rep. Gordon Anderson, Vice-Chair

 

STAFF PRESENT:                  William Taylor            , Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2414 Public Hearing

                                                HB 3559 Public Hearing and Work Session

                                                HB 2802 Public Hearing

                                                HB 2865 Public Hearing

                                                HB 2885 Public Hearing and Work Session

                                                HB 2092 Work Session

                                                HB 2877 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 121, A

030

Chair Williams

Opens meeting at 1:10 p.m. Opens public hearing on HB 2414.

HB 2414 PUBLIC HEARING

035

Bert Geiger

Portland Police Reserves.  Explains HB 2414 which expands authority of reserve officers.  Describes the work of the police reserves. Testifies in support of HB 2414

060

Denney Kelley

Portland Police Bureau.   Explains legislative intent of the bill.  Clarifies authority for reserve officers.

098

Geiger

Says City of Portland supports HB 2414.

099

Kelley

Mentions other supporters of HB 2414.

100

Rep. Barker

Asks if this clarifies the authority of reserve officers.                                                       

150

Brian Delashmutt

Oregon Council of Police Associations. Testifies in opposition to HB 2414. Explains the concern is between certified reserve officer and reserve officer. Concern is with the level of training. Concern is with the expansion of authority and especially the ability to carry a concealed handgun. 

162

Rep. Jenson

Asks about the meaning of “reserve officer,” and if they are allowed to carry a handgun if they are not concealed.

186

Chair Williams

Asks Mr. DeLashmutt to work on concerns with the bill. Asks Oregon Police Bureau to speak with chiefs and sheriffs associations.

190

Chair Williams

Closes public hearing on HB 2414.  Opens public hearing on HB 3559.

HB 3559 PUBLIC HEARING

229

Steve Doell

Crime Victims United of Oregon. HB 3559 directs Attorney General to produce and broadcast radio and television advertisements, and to prepare videotape program, to urge prevention of violent crime and inform individuals of sentences for Measure 11 crimes. Testifies in support of HB 3559 which would promote radio and television announcements on Measure 11.

272

Hardy Myers

Attorney General. Testifies in support of HB 3559. Supports public service announcements to educate young people. 

305

Judge Sid Galton

Multnomah County Circuit Court Judge.  Testifies in support of HB 3559. Describes his experience of sentencing 15, 16 and 17 year-olds. Describes attempts to go out to high schools and present programs to prevent young people from perpetrating crime. Notes this form of advertising would be of little cost.

347

Rep. Prozanski

Comments this is an excellent program. Asks about the costs.

372

Doell

Refers to the -1 amendments to HB 3559 (EXHIBIT A). Comments on appropriation of $75,000 for the program.

382

Myers

States that donated funds will be sought.

386

Rep. Krummel

Asks difference between juveniles and 12 to 18 year olds.

390

Doell

Describes difference between video tapes and advertisements.

421

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in support of HB 3559. Tells of her experience with students who do not understand consequences of Measure 11.

TAPE 122, A

040

Chair Williams

Closes public hearing on HB 3559. Opens work session on HB 3559.

HB 3559 WORK SESSION

042

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3559-1 amendments dated 3/20/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Anderson

043

Chair Williams

Hearing no objection, declares the motion CARRIED.

045

Rep. Prozanski

MOTION:  Moves HB 3559 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means BY PRIOR REFERENCE.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Anderson

046

Chair Williams

Hearing no objection, declares the motion CARRIED.

070

Chair Williams

Closes work session on HB 3559.  Opens public hearing on HB 2802.


 

HB 2802 PUBLIC HEARING

075

Bill Taylor

Committee Counsel.  Explains HB 2802 which expands the crime of arson in the first degree.

103

Ken Armstrong

Oregon Fire Chiefs Association, Tualatin Valley Fire and Rescue, and Oregon Volunteer Firefighters Association. Testifies in support of HB 2802 and explains the need for it. Reviews legislative history of HB 2802.

115

Tim Birr

Tualatin Valley Fire and Rescue.  Testifies in support of HB 2802.  Describes arsonist behaviors studied in relation to acts of arson.

200

Courtland Greyer

Marion County District Attorneys Office, Oregon District Attorneys Association.  Describes serious cases of arson.  

230

Bob Livingston

Oregon State Firefighters Council.  Testifies in support of HB 2802. Describes personal experience of arson fires that he has fought. 

270

Vice Chair Ackerman

Comments on terminology in bill.  Wants to clearly define the criminal statutes. Suggests wording should not leave open “reasonable doubt” in juror’s minds. Asks about “property of another.”

343

Greyer

Explains a situation where a person sets fire to his own property.  Explains how somebody else may have equitable interest.

360

Vice Chair Ackerman

Refers to Section 1, subsection C, page 1 of HB 2802. Asks about proving “reckless.” 

400

Greyer

Discusses holding someone accountable and proving “reckless” behavior.

440

Taylor

Discusses taking out “recklessly.”Submits written testimony by Seth Karpinski for the City of Eugene (EXHIBIT B).

TAPE 121, B

044

Chair Williams

Comments on language changes in HB 2802.  Asks about rationale on the $50,000 threshold.

048

Greyer

Answers the threshold is consistent with present law on property crimes.

067

Chair Williams

Asks about Arson I and II charges.

077

Rep. Macpherson

Asks the difference in presumptive sentence. 

093

Greyer

Explains the basis for determining sentencing depends on the seriousness of the offense and the offender’s criminal history.

123

Rep. Prozanski

Discusses possible higher thresholds to keep the fiscal impact down. 

130

Chair Williams

Discussing sentencing.

140

Armstrong

Says there is no problem on changing the threshold.

150

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 2802 and submits testimony (EXHIBIT C).  States HB 2802 is too broad. Describes numerous acts that could be interpreted as arson by this bill.   

210

Russell

Continues presentation.  Talks about 5 new crimes created by HB 2802. Describes relatively inconsequential acts resulting in fires.

387

Taylor

Describes a newspaper fire where an apartment building burned down and people were killed.

387

Russell

Answers the bill does not address this issue. It was based on property.

414

Chair Williams

Asks for further analysis of the bill to be heard later.

440

Chair Williams

Closes public hearing on HB 2802.  Opens public hearing on HB 2865.

HB 2865 PUBLIC HEARING

463

John Bradley

Multnomah County District Attorney’s Office. Explains HB 2865 which allows district attorney to treat certain felonies as Class A misdemeanors. Testifies in support of HB 2865. Summarizes sections of the bill. Tells how this bill came to be.

TAPE 122, B

040

Bradley

Discusses how HB 2865 will reduce costs.  Discusses possible amendments.

094

Harcleroad

Testifies in support of HB 2865 which will save money. Suggests line 9, page 1, be changed to “orally or in writing.”

100

Chuck French

Multnomah County District Attorney’s Office. Explains the cuts in deputies in the office and describes costs to the office.  

155

Bradley

Points out the many cases of people charged or convicted and who are known by the DA’s office to be innocent because of false identification.  HB 2865 states the legal name must be used. HB 2865 also gives the victim the right to go back and correct the name.

200

French

Agrees that false identification is a huge problem in law enforcement.

220

Chair Williams

Suggests more work on this bill.

230

Rep. Shetterly

States a definition of true name is necessary to make this work. Supports these ideas.

258

Ann Christian

Public Defense Services Commission. Testifies in support of HB 2865. Offers potential savings for indigent defense that this bill could provide as $3.6 million. Refers to section 7, line 27, page 4 and suggests clarification.

299

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to parts of HB 2865.

TAPE 123, A

017

Russell

Continues discussing HB 2865 with objections.

028

Chair Williams

Asks for further clarification on “true name.”  Mentions constitutional issues. Closes public hearing on HB 2865.  Opens public hearing on HB 2885.

HB 2885 PUBLIC HEARING

050

Rep. Barker

House District 28.  Testifies in support of HB 2885 which provides that person convicted of driving while under the influence of intoxicants for third time is subject to revocation of driving privileges.

088

Anne Pratt

Crime Victims United, Mothers Against Drunk Driving, and Parents of Murdered Children. Presents testimony in support of HB 2885 and submits (EXHIBIT D).  Gives statistics on drunk drivers.

118

Bruce Pratt

Crime Victims United. Points out that U.S. is too lenient with Driving Under the Influence of Intoxicants (DUII) drivers.  Describes how Europeans treat DUII drivers. Laws need to be tougher on driving while drinking.  Education needs to be improved.

150

Doug Harcleroad

Oregon District Attorneys Association. Testifies in support of HB 2885.

155

Staff

Submits written testimony by Seth Karpinski for the City of Eugene in support of HB 2885 (EXHIBIT E) and written testimony by Gretchen McKenzie for the Governor’s Advisory Committee in support of HB 2885 (EXHIBIT F).

156

Chair Williams

Closes public hearing on HB 2885.  Opens work session on HB 2885.

HB 2885 WORK SESSION

158

Rep. Barker

MOTION:  Moves HB 2885 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Macpherson

159

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

160

Chair Williams

Closes work session on HB 2885. Opens work session on HB 2092.

HB 2092 WORK SESSION

161

Chair Williams

MOTION:  Moves HB 2092 to the floor without recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Macpherson

162

Chair Williams

Hearing no objection, declares the motion CARRIED.

164

Chair Williams

Closes work session on HB 2092.  Opens public hearing on HB 2877.

HB 2877 PUBLIC HEARING

199

Doug Harcleroad

Oregon District Attorneys Association.  HB 2877 requires that early disposition programs allow district attorney to make resolution offer to offenders before arraignment. 

206

Rep. Prozanski

Supports HB 2877. Does not believe this bill limits a prosecutor to make offers to a defendant prior to, or at the time of arraignment.

210

Chuck French

Asks for an emergency clause in HB 2877 because this bill will save money.

220

John Bradley

Multnomah County District Attorney’s Office. Testifies in support of HB 2877. Says savings will be in indigent defense.

250

Harcleroad

Testifies that the Oregon District Attorneys Association supports this bill. Describes Lane County programs.

273

Susan Russell

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2877 and provides testimony (EXHIBIT G). States the bill changes current statute so that there is no longer the requirement to have an assigned counsel.

303

David Fidanque

American Civil Liberties Union (ACLU) of Oregon.  Testifies in opposition to HB 2877. Discusses the controversy in trial court procedures to save costs of indigent defense.  Speaks of the danger of trying to dispose of criminal cases without defense counsel.

TAPE 124, A

025

Fidanque

Continues presentation opposing HB 2877.  Supports the present process.

040

Rep. Barker

Asks if defendants always get an attorney if they ask for one.

050

Fidanque

Explains how defendants do not know how the defense procedure works.

070

Chair Williams

Asks if this would be a constitutional flaw because defendants are not advised of their rights.  Asks about knowing waivers.

073

Fidanque

Answers that is correct.  Discusses knowing waivers.

114

Russell

Describes defendants waiving counsel.

120

Chair Williams

Asks for Legislative Counsel to issue an opinion.

130

Rep. Krummel

Asks what kind of cases the DA would use this in.

132

Chair Williams

Answers in Chapter 135. Closes public hearing on HB 2877.  Adjourns meeting at 3:35 pm.

 

 

EXHIBIT SUMMARY

 

A – HB 3559-1 amendments, staff, 1 p

B – HB 2802, written testimony of Seth Karpinski, City of Eugene, submitted by staff, 1 p

C – HB 2802, written testimony, Susan Russell, 4 pp

D – HB 2885, written testimony, Anne Pratt, 8 pp

E – HB 2885, written testimony of Seth Karpinski, City of Eugene, 1 p

F – HB 2885, written testimony of Gretchen McKenzie, Governors Advisory Committee   on DUII, 1 p.

G – HB 2877, written testimony, Susan Russell, 1 p