HOUSE COMMITTEE ON JUDICIARY

 

 

April 09, 2003 Hearing Room 357

1:00 p.m. Tapes 131-133

 

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

Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3426 Public Hearing

                                                HB 2199 Public Hearing

                                                HB 2620 Public Hearing

                                                HB 3250 Public Hearing

                                                HB 2174 Work Session

                                                HB 2237 Work Session

                                                HB 2732 Public Hearing and Work Session

                                                HB 2733 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 131, A

003

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a public hearing on HB 3426.

HB 3426 PUBLIC HEARING

010

Craig Prins

Committee Counsel. Introduces HB 3426 which restricts circumstances under which peace officer may use deadly physical force. Discusses Supreme Court Case and the -1 amendments (EXHIBITS A & B).

050

Lieutenant Troy Clausen

Oregon State Sheriff’s Association. Testifies in opposition to HB 3426.

060

Nick Armenakis

Deputy Director, Oregon Department of Corrections. Submits testimony and testifies in support of HB 3426 (EXHIBIT C).

070

Bruce Hoffman

Sergeant, Oregon State Police. Testifies in opposition to HB 3426.

082

Rep. Jenson

Asks for more information on the bill.

089

Prins

Explains the use of deadly force.

118

Rep. Barker

Discusses the issue of a fleeing felon.

139

Brian DeLashmutt

Oregon Council of Police Association and The Association of Oregon Corrections Employees. Testifies as neutral on HB 3426. Says that they would like to be a part of a work group for this bill because they have some concerns.

141

Mark Landauer

City of Portland, Office of Government Relations. Testifies as neutral on HB 3426.

145

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in support of HB 3426.

152

Rep. Prozanski

Notes that keynote 9, on page 2 of the Supreme Court Case (Exhibit A) sets out the parameters of when deadly force is acceptable.

162

Chair Williams

Closes the public hearing on HB 3426 and opens a public hearing on HB 2199.

HB 2199 PUBLIC HEARING

167

Bill Taylor

Committee Counsel. Introduces HB 2199 which expands offense of driving while under the influence of intoxicants to include substances that adversely affect person’s physical or mental ability to noticeable or perceptible degree.

180

Captain Chuck Hayes

Director, Oregon State Police. Submits testimony and testifies in support of HB 2199 (EXHIBITS D-F).

359

Dr. Barry Logan

Washington State Patrol. Submits testimony and testifies in support of HB 2199 (EXHIBIT G).

TAPE 132, A

002

Dr. Logan

Continues his testimony in support of HB 2199.

060

Kamala Shugar

Oregon District Attorneys Association. Testifies in support of HB 2199.

090

Rep. Shetterly

Asks what happens if a person does not know that a drug is going to affect them.

115

Shugar

Answers that all of these drugs are labeled on the box warning people not to drive or operate heavy machinery.

140

Dr. Logan

Emphasizes that public safety education about taking these medications and driving is very important.

153

Rep. Shetterly

Says he is concerned about where they are going with this bill.

159

Rep. Prozanski

Comments that they are going to have to allow a Drug Recognition Expert (DRE) to analyze these people.

169

Shugar

Agrees that they are going to have to prove it some other way than with the intoxilyzer.

174

Rep. Prozanski

Points out that not all officers are trained at the level of a DRE.

180

Hayes

States that all officers in Oregon are being trained in the basic drug recognition skills.

207

Rep. Jenson

Shares his concerns about the bill.

237

Vice-Chair Ackerman

Wonders about the definition of intoxicant in the bill.

254

Taylor

Asks if there is a way to test how much of a drug has been taken, like a breathalyzer for alcohol, or a blood, or urine test.

262

Captain Hayes

Answers that there is no blood or urine test to test how much a person has taken of one of these drugs.

297

Shugar

Explains one of the tests for certain types of drug.

336

Dr. Logan

Answers that a quantitative blood test can determine if the drug is being used for therapeutic or recreational use.

351

Captain Hayes

Discusses combination of inner ear infection and drinking and driving.

365

Rep. Shetterly

Questions what they are criminalizing with this bill.

370

Rep. Barker

Asks if a person using one of these drugs could be charged with reckless driving.

373

Captain Hayes

Says that reckless driving is more difficult to prove and convict than DUII.

380

Shugar

Explains that if they are driving erratically then they can be charged with reckless driving.

410

Dr. Emma Dutton, Ken Meneely

Oregon State Police Forensic Services Division. Submits testimony and testifies in support of HB 2199 (EXHIBITS H & I).

461

Mary Anderson

Deputy District Attorney, Deschutes County. Submits testimony and testifies in support of HB 2199 (EXHIBIT J).

TAPE 131, B

015

Mary Anderson

Continues her testimony in support of HB 2199.

064

Tim Weaver

Sergeant, Newberg Police Department. Testifies in support of HB 2199. Gives examples of cases where people took substances discussed in the bill.

126

Rep. Prozanski

Asks Ms. Anderson how an officer would make a distinction between someone driving under the influence of a substance and someone driving intoxicated.

134

Anderson

Answers that an officer could not make a distinction, but they would make a determination whether the person is impaired.

150

Rep. Prozanski

Asks if what she will be trying to prove is that their physical or mental capacities were affected to a noticeable or perceptible degree.

154

Anderson

Answers, yes, that would be their goal, but they would have to be realistic about all of the circumstances of the case.

159

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2199.

230

Chair Williams

Wonders about the fiscal impact of the bill. Closes the public hearing on HB 2199 and opens a public hearing on HB 2620.

HB 2620 PUBLIC HEARING

242

Bill Taylor

Committee Counsel. Introduces HB 2620 which provides that third offense of driving while under the influence of intoxicants is felony under specified circumstances.

249

Kamala Shugar

Oregon District Attorneys Association. Testifies in support of HB 2620.

265

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2620.

275

Chair Williams

Closes the public hearing on HB 2620 and opens a public hearing on HB 3250.

HB 3250 PUBLIC HEARING

280

Bill Taylor

Committee Counsel. Introduces HB 3250 which permits court to require security, bond or other guarantee from person who will travel with minor child in another country if parent, grandparent or guardian requests court order and court finds existence of certain circumstances.

293

Laura Butterfield Phillips

Submits testimony and testifies in support of HB 3250 (EXHIBIT K).

398

Phillips

Continues her testimony in support of HB 3250.

TAPE 132, B

004

Phillips

Continues her testimony in support of HB 3250. Says that child abduction is both a form of domestic violence and child abuse.

028

Chair Williams

Discusses testimony of  Kristine Uhlman (EXHIBIT L) and Lillian Frease (EXHIBIT M). Explains the -1 amendments (EXHIBIT N).

050

Rep. Krummel

Asks how this bill would keep a child from being abducted.

066

Phillips

Answers that a bond may cause a financial hardship and stop them from doing this.

070

Chair Williams

Says that the posting of a bond may not stop a person from doing this, but it may give a person an incentive to come back with the child.

085

Kathryn S. Root

Attorney. Submits testimony and testifies in support of HB 3250.  (EXHIBIT O).

206

Sybil Hebb

Oregon Law Center. Submits testimony and testifies as neutral on HB 3250 (EXHIBIT Q).

294

Rebecca Gandy

Staff Attorney, Oregon Coalition Against Domestic and Sexual Violence. Submits testimony and testifies in opposition to HB 3250 (EXHIBIT R).

333

Chair Williams

Asks if Ms. Hebb and Ms. Gandy have any trouble with the intent of the bill to provide some incentive to not abscond their children.

341

Hebb

Says that she does not have an objection with that goal so long as the court finds there is an inappropriate threat to the child.

345

Gandy

Says that she agrees with Ms. Hebb.

348

Rep. Shetterly

Asks if there are constitutional limitations on allowing travel outside the country.

359

Root

Answers that she believes there is not a constitutional problem with this bill.

390

Chair Williams

Discusses custody laws.

400

Rep. Shetterly

Says that there must be limitations on posting a bond.

TAPE 133, A

007

Matt Meador

Legislative Assistant, Rep. Donna Nelson. Submits testimony and testifies in support of HB 3250 and the -2 amendments (EXHIBITS S-U).

033

Chair Williams

Closes the public hearing on HB 3250 and opens a work session on HB 2174.

HB 2174 WORK SESSION

039

Bill Taylor

Committee Counsel. Introduces HB 2174 which approves adoption of certain rules and amendments to sentencing guidelines rules by Oregon Criminal Justice Commission. Discusses the -2 and -3 amendments (EXHIBITS V & W).

085

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2174-2 amendments dated 04/09/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Ackerman

089

Chair Williams

Hearing no objection, declares the motion CARRIED.

090

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2174-3 amendments dated 04/09/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Ackerman

092

Chair Williams

Hearing no objection, declares the motion CARRIED.

108

Rep. Prozanski

MOTION:  Moves HB 2174 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Ackerman

110

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

128

Chair Williams

Closes the work session on HB 2174 and opens a work session on HB 2237.

HB 2237 WORK SESSION

130

Bill Taylor

Committee Counsel. Introduces HB 2237 which limits authority of Board on, and Department of, Public Safety Standards and Training (DPSST) to disclose photograph of public safety officer. Discusses the -2 amendments (EXHIBIT X).

152

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2237-2 amendments dated 04/04/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Ackerman

155

Chair Williams

Hearing no objection, declares the motion CARRIED.

157

Rep. Shetterly

Asks what statute they are amending.

175

Allan Scharn

Deputy Director, DPSST. Testifies and says that they were told by Legislative Counsel that it wasn’t necessary to change any language in the public records law.

182

Brian DeLashmutt

Oregon Council of Police Associations. Testifies on HB 2237 and says that they did amend this in the public records section (of ORS) two sessions ago.

208

Rep. Prozanski

MOTION:  Moves HB 2237 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Ackerman

211

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

218

Chair Williams

Closes the work session on HB 2237 and opens a public hearing on HB 2732.

HB 2732 PUBLIC HEARING

220

Rep. Floyd Prozanski

House District 8. Submits testimony and testifies in support of HB 2732 which modifies distribution scheme for fines imposed for traffic offenses for which prosecution was initiated by city police officers (EXHIBIT Y).

295

Rep. Barker

Asks if he is aware that there is a bill coming out for the State Police so that they can get paid more for writing up tickets.

302

Rep. Prozanski

Says that this is a different issue and they are not attempting to limit the enforceability of the laws.

330

Rep. Krummel

Asks if the League of Oregon Cities or the Association of Oregon Counties have taken a stance on this bill.

332

Rep. Prozanski

Answers, no they have not.

359

Chair Williams

Closes the public hearing on HB 2732 and opens a work session.

HB 2732 WORK SESSION

368

Rep. Anderson

MOTION:  Moves HB 2732 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Jenson, Macpherson, Ackerman

377

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

382

Chair Williams

Closes the work session on HB 2732 and opens a work session on HB 2733.

HB 2733 WORK SESSION

386

Rep. Floyd Prozanski

House District 8. Testifies in support of HB 2733 which reorganizes provisions relating to venue in violation cases. Discusses the -1 amendments (EXHIBIT Z).

420

Rep. Shetterly

Asks if that leaves a problem for West Salem.

425

Rep. Prozanski

Answers that there may be a problem.

472

Chair Williams

Closes the work session on HB 2733. Adjourns the meeting at 3:25 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3426, Supreme Court Case, submitted by staff, 19 pgs.

B – HB 3426, -1 amendments, submitted by staff, dated 4/9/03, 2 pgs.

C – HB 3426, written testimony, submitted by Nick Armenakis, 1 pg.

D – HB 2199, written testimony of Dr. Robert Julien, submitted by Captain Chuck Hayes

E – HB 2199, written testimony, submitted by Captain Chuck Hayes, 8 pgs.

F – HB 2199, articles, submitted by Captain Chuck Hayes, 6 pgs.

G – HB 2199, written testimony, submitted by Dr. Barry Logan, 35 pgs.

H – HB 2199, written testimony, submitted by Dr. Emma Dutton and Ken Meneely, 3 pgs.

I – HB 2199, written testimony of Gretchen McKenzie, submitted by Dr. Emma Dutton, 1 pg.

J – HB 2199, written testimony, submitted by Mary Anderson, 1 pg.

K – HB 3250, written testimony, submitted by Laura Butterfield, 20 pgs.

L – HB 3250, written testimony of Kristine Uhlman, submitted by staff, 14 pgs.

M – HB 3250, written testimony of Lillian Frease, submitted by staff, 9 pgs.

N – HB 3250, -1 amendments, submitted by staff, dated 4/3/03, 1 pg.

O – HB 3250, written testimony, submitted by Kathryn Root, 6 pgs.

Q – HB 3250, written testimony, submitted by Sybil Hebb, 2 pgs.

R – HB 3250, written testimony, submitted by Rebecca Gandy, 1 pg.

S – HB 3250, written testimony of Rep. Donna Nelson, submitted by Matt Meador, 2 pgs.

T – HB 3250, -2 amendments, submitted by Matt Meador, dated 4/8/03, 3 pgs.

U – HB 3250, submitted by Matt Meador, 2 pgs.

V – HB 2174, -2 amendments, submitted by staff, dated 4/9/03, 75 pgs.

W – HB 2174, -3 amendments, submitted by staff, dated 4/9/03, 2 pgs.

X – HB 2237, -2 amendments, submitted by staff, dated 4/4/03, 1 pg.

Y – HB 2732, written testimony, submitted by Rep. Prozanski, 1 pg.

Z – HB 2733, -1 amendments, submitted by staff, dated 4/9/03, 1 pg.

AA – HB 3426, written testimony of Walt Myers, Salem Chief of Police, submitted by staff, 1 pg.

BB – HB 3250, written testimony of Nancy Hammer, National Center for Missing & Exploited Children, submitted by Matt Meador, 2 pgs.