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.