HOUSE COMMITTEE ON JUDICIARY

 

 

April 14, 2003 Hearing Room 357

1:00 p.m. Tapes 139-140

 

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

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2069 Work Session

                                                HB 2073 Work Session

                                                HB 2725 Work Session

                                                HB 2729 Work Session

                                                HB 2733 Work Session

                                                HB 2865 Work Session

                                                HB 2877 Work Session

                                                HB 2803 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 139, A

003

Chair Williams

Calls the meeting to order at 1:09 p.m. Opens a work session on HB 2069.

HB 2069 WORK SESSION

010

Craig Prins

Committee Counsel. Introduces HB 2069 which modifies provisions relating to motions in arrest of judgment and for new trials in criminal cases.

032

Rep. Prozanski

MOTION:  Moves HB  2069 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

042

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

044

Chair Williams

Closes the work session on HB 2069 and opens a work session on HB 2073.

HB 2073 WORK SESSION

045

Bill Taylor

Committee Counsel. Introduces HB 2073 which creates State Court Facilities Task Force. Discusses the -2 amendments (EXHIBIT A).

094

Rep. Jenson

MOTION:  Moves to ADOPT HB 2073-2 amendments dated 04/11/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

095

Chair Williams

Hearing no objection, declares the motion CARRIED.

099

Rep. Jenson

MOTION:  Moves HB  2073 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 - Krummel

100

Chair Williams

Hearing no objection, declares the motion CARRIED.

110

Chair Williams

Closes the work session on HB 2073 and opens a work session on HB 2725.

HB 2725 WORK SESSION

117

Bill Taylor

Committee Counsel. Introduces HB 2725 which modifies the crime of giving false information to police officer to include service of warrants. Discusses -1 amendments from Rep. Prozanski (EXHIBIT B).

125

Rep. Prozanski

Describes what amendments will do to the bill.

162

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2725-1 amendments dated 04/11/03.

165

Vice Chair Anderson

Comments that bill is a good idea.

174

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Macpherson

175

Chair Williams

Hearing no objection, declares the motion CARRIED.

184

Rep. Prozanski

MOTION:  Moves HB 2725 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Macpherson

180

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

187

Chair Williams

Closes the work session on HB 2725 and opens a work session on HB 2729.

HB 2729 WORK SESSION

190

Bill Taylor

Committee Counsel. Introduces HB 2729 which removes requirement that name and address of person to whom court should disburse payments appear in money judgment in criminal action. Discusses the -1 amendments from Rep. Prozanski (EXHIBIT C).

200

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2729-1 amendments dated 04/02/03.

203

Rep. Prozanski

Clarifies the -1 amendments.

 

263

Vice Chair Anderson

Asks how these kinds of laws fit into the federal privacy laws.

270

Chair Williams

Responds that most information in a court file is public record so this would be exempting it from disclosure.

286

Vice Chair Ackerman

States that what is confusing is that we are not amending the public records act.

297

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

298

Chair Williams

Hearing no objection, declares the motion CARRIED.

300

Rep. Prozanski

MOTION:  Moves HB 2729 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

309

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

313

Chair Williams

Closes the work session on HB 2729 and opens a work session on HB 2733.

HB 2733 WORK SESSION

314

Bill Taylor

Committee Counsel. Introduces HB 2733 which reorganizes provisions relating to venue in violation cases. Discusses the -2 amendments from Rep. Prozanski (EXHIBIT D).

338

Rep. Prozanski

Explains HB 2733 and the -2 amendments.

370

Vice Chair Ackerman

Asks which circuit court is identified on line 5 of the -2 amendments.

376

Rep. Prozanski

Answers that they are not designating which circuit court.

391

Rep. Shetterly

Adds that the language in lines 5-9 covers which circuit court the violation is referred to.

405

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2733-2 amendments dated 04/11/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

406

Chair Williams

Hearing no objection, declares the motion CARRIED.

409

Rep. Prozanski

MOTION:  Moves HB 2733 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

422

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

433

Chair Williams

Closes the work session on HB 2733 and opens a work session on HB 2865.

HB 2865 WORK SESSION

435

Bill Taylor

Committee Counsel. Introduces HB 2865 which allows district attorney to treat certain felonies as Class A misdemeanors. Discusses the -1 amendments (EXHIBIT E).

 

454

John Bradley

Multnomah County District Attorneys Office. Testifies in support of HB 2865.

TAPE 140, A

017

Bradley

Continues his testimony in support of HB 2865.

062

Chuck French

Deputy District Attorney, Multnomah County. Discusses HB 2865.

140

Rep. Prozanski

States his concerns about broadness of bill.

161

Bradley

Responds that they could make amendments.

198

Rep. Barker

Points out how this bill could save money.

218

Kelly Skye

Oregon Criminal Defense Lawyers Association. Discusses bill. Says that they support the first portion of the bill, but oppose grand jury portion of bill.

289

Rep. Prozanski

Asks Ms. Skye if this was limited to chain of custody issues would she object to that portion of the bill.

295

Skye

Answers, no.

328

Rep. Barker

MOTION:  Moves to ADOPT HB  2865-1 amendments dated 04/14/03.

330

Rep. Prozanski

States that he opposes the motion.

343

Rep. Jenson

Says he objects to the motion.

355

 

VOTE:  5-4-0

AYE:               5 - Anderson, Barker, Krummel, Shetterly, Williams

NAY:               4 - Ackerman, Jenson, Macpherson, Prozanski

357

Chair Williams

The motion CARRIES.

360

Chair Williams

Closes the work session on HB 2865 and opens a work session on HB 2877.

HB 2877 WORK SESSION

375

Bill Taylor

Committee Counsel. Introduces HB 2877 which requires that early disposition programs allow district attorney to make resolution offer to offenders before arraignment.

389

Chair Williams

Discusses constitutional issue of bill.

422

Vice Chair Anderson

MOTION:  Moves HB 2877 to the floor with a DO PASS recommendation.

429

Rep. Shetterly

Says he is concerned about the balance between the government and the hand of individual rights when faced with the weight of prosecution.

460

Rep. Barker

Believes that the bill is a good opportunity to move cases quickly through the lower levels of the court.

TAPE 139, B

029

Rep. Prozanski

Questions if the bill is needed.

057

Vice Chair Ackerman

Explains the two protections of counsel.

070

 

VOTE:  7-2-0

AYE:               7 - Ackerman, Anderson, Barker, Jenson, Krummel, Macpherson, Williams

NAY:               2 - Prozanski, Shetterly

076

Chair Williams

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

079

Chair Williams

Closes the work session on HB 2877 and opens a work session on HB 2803.

HB 2803 WORK SESSION

082

Chair Williams

Discusses the -4 amendments (EXHIBIT F) of HB 2803 which authorizes Department of Corrections to enter into contract for provision of corrections services in facilities out-of-state.

115

Claudia Black

Department of Corrections (DOC). Clarifies the -4 amendments.

139

Rep. Prozanski

Asks if Ms. Black can explain the order of how they are going to do this.

145

Black

Defers to Mitch Morrow.

146

Mitch Morrow

Department of Corrections. Explains to how DOC will enter into contracts.

167

Rep. Williams

MOTION:  Moves to ADOPT HB 2803-4 amendments dated 04/14/03.

172

Vice Chair Anderson

States his reasons for opposing the amendments.

181

Rep. Barker

Says that he does support amendments.

182

 

VOTE:  8-1-0

AYE:               8 - Ackerman, Barker, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               1 - Anderson

183

Chair Williams

The motion CARRIES.

192

Chair Williams

MOTION:  Moves HB 2803 to the floor with a DO PASS AS AMENDED recommendation.

194

Rep. Macpherson

Announces that he supports the bill as amended by the -4 amendments.

200

 

VOTE:  8-1

AYE:               8 - Ackerman, Barker, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               1 - Anderson

205

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

213

Chair Williams

Closes the work session on HB 2803 and adjourns the meeting at 2:16 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2073, -2 amendments, dated 4/11/03, submitted by staff, 9 pgs.

B – HB 2725, -1 amendments, dated 4/10/03, submitted by Rep. Prozanski, 1 pg.

C – HB 2729, -1 amendments, dated 4/2/03, submitted by Rep. Prozanski, 1 pg.

D – HB 2733, -2 amendments, dated 4/11/03, submitted by Rep. Prozanski, 1 pg.

E – HB 2865, -1 amendments, dated 4/14/03, submitted by staff, 2 pgs.

F – HB 2803, -4 amendments, dated 4/14/03, submitted by staff, 1 pg.