HOUSE COMMITTEE ON JUDICIARY

 

April 16, 2003 Hearing Room 357

1:00 p.m. Tapes 143 – 145

 

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 Reconsideration and Work Session

                                                HB 2238 Work Session

                                                HB 2711 Work Session

                                                HB 2756 Work Session

                                                HB 2865 Work Session

                                                HB 2647 Work Session

                                                HB 2094 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 143, A

003

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a work session on HB 2069.

HB 2069 WORK SESSION

015

Vice Chair Ackerman

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2069.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

017

Chair Williams

Hearing no objection, declares the motion CARRIED.

020

Vice Chair Ackerman

MOTION:  Moves to RECONSIDER the vote by which HB 2069 was sent to the floor with a DO PASS RECOMMENDATION.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

021

Chair Williams

Hearing no objection, declares the motion CARRIED.

025

Vice Chair Ackerman

MOTION:  Moves HB 2069 to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Anderson

028

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

030

Chair Williams

Closes the work session on HB 2069 and opens a work session on HB 2238.

HB 2238 WORK SESSION

035

Bill Taylor

Committee Counsel. Introduces HB 2238 which changes payment of benefits awarded by Public Safety Memorial Fund Board to payment in lump sum. Discusses the -1 amendments (EXHIBITS A & B).

057

Scott Tighe

Standards and Certification Director, Department of Public Safety Standards and Training (DPSST). Discusses bill and amendments.

111

Marilyn Lorens  

Government Liaison, DPSST. Says she is there to address questions.

113

Brian DeLashmutt

Oregon Council of Police Associations, Association of Oregon Corrections Employees, Federation of Oregon Parole and Probation Officers. Discusses bill and -1 amendments.

154

Rep. Jenson

Says that he has a concern with language on page 5, line 5 of the -1 amendments.

175

DeLashmutt

Says that is the same language as the current statute.

190

Rep. Jenson

Thinks they should amend the existing statute.

197

Rep. Barker

Asks what “totally disabled” means.

202

Tighe

Says that the definition is “totally permanently disabled” which means unable to do any work.

209

Vice Chair Ackerman

Asks about minor children and their benefits.

229

Lorens

Says that she believes there is a provision in the bill that addresses his concerns.

241

Tighe

Points out procedures for the board regarding this issue on Page 10, section 6, line 15, new subsection (1).

255

Rep. Jenson

MOTION:  Moves to ADOPT HB 2238-1 amendments dated 04/16/03.

 

 

VOTE:  9-0

257

Chair Williams

Hearing no objection, declares the motion CARRIED.

260

Rep. Jenson

MOTION:  Moves HB 2238 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

267

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

275

Chair Williams

Closes the work session on HB 2238 and opens a work session on HB 2711.

HB 2711 WORK SESSION

283

Bill Taylor

Committee Counsel. Introduces HB 2711 which modifies provisions relating to collection of child support payments by collection agencies. Discusses the -1 amendments (EXHIBIT C).

300

Ronelle Shankle

Department of Justice. Testifies in support of HB 2711 and submits testimony (EXHIBITS D-F).

317

Chair Williams

Says that the committee has the -1 amendments.

324

Shankle

Discusses history of the -1 amendments.

336

Chair Williams

Informs committee about issues of bill.

377

Rep. Prozanski

Asks who makes the payment of collection fees.

379

Shankle

Explains how child support payments work with private collection agencies.

TAPE 144, A

013

Rep. Prozanski

Inquires about child support payments that go in arrears.

029

Shankle

Says that they discussed that problem last session and explains.

072

Rep. Jenson

States that he is struggling with this and it sounds like they are getting loan sharks involved.

099

Rep. Prozanski

Expresses his concerns on cutting back on money going to the Department of Justice. Says we need to take care of the revenue issues.

112

Rep. Jenson

MOTION:  Moves to ADOPT HB  2711-1 amendments dated 04/11/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

114

Chair Williams

Hearing no objection, declares the motion CARRIED.

115

Rep. Jenson

MOTION:  Moves HB 2711 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

120

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

123

Chair Williams

Closes the work session on HB 2711 and opens a work session on HB 2756.

HB 2756 WORK SESSION

131

Bill Taylor

Committee Counsel. Introduces HB 2756 which modifies provision relating to relief from requirement to report to sex offender based on juvenile adjudication. Explains that this bill was the product of a work group. Discusses the -1 amendments (EXHIBIT G).

172

Chair Williams

Discusses history of bill.

176

Sarah Morse

Oregon District Attorneys Association (ODAA). Talks about the -1 amendments. Says they are consensus amendments.

183

Kelly Skye

Oregon Criminal Defense Lawyers Association. Discusses bill.

222

Rep. Barker

Asks about Measure 11 crimes.

224

Morse

Answers that it depends on what the negotiation is with the County District Attorney.

240

Dan Malin

Oregon State Police. Sex Offenders Registration Unit. Testifies in support of HB 2756.

270

Taylor

Provides history of bill.

286

Timothy Travis

Oregon Judicial Department. Testifies in opposition to HB 2756. Says that the courts were not part of the work group. Discusses fiscal and problems with bill.

390

Taylor

Comments on the right to counsel being taken out of the bill.

419

Chair Williams

Closes the work session on HB 2756 and opens a work session on HB 2865.

HB 2865 WORK SESSION

402

Bill Taylor

Committee Counsel. Introduces HB 2865 which allows district attorney to treat certain felonies as Class A misdemeanors. Discusses -2, -3 and -4 amendments (EXHIBITS H-J).

TAPE 143, B

048

Rep. Barker

MOTION:  Moves to RESCIND 2865 -1 amendments dated 04/14/03 ADOPTED ON 4/14/03.

 

 

VOTE:  9-0

044

Chair Williams

Hearing no objection, declares the motion CARRIED.

051

Rep. Prozanski

Discusses the -2, -3 and -4 amendments.

055

Rep. Macpherson

Comments on “chain of custody” in the amendments.

069

Chair Williams

Explains the differences in the amendments.

074

Rep. Prozanski

Asks what the effect of the -3 amendments are.

076

Chair Williams

Says that you get sections 1 and 3 of the bill and not section 2 in the -3 amendments.

079

Rep. Macpherson

States that he is in favor of the -4 amendments.

081

Rep. Barker

Asks about the differences in amendments and advising defendants of their rights.

107

Chair Williams

Says that it’s between the -2 and -4 amendments.

117

Taylor

Explains current law and the -2 and -4 amendments.

137

Vice Chair Ackerman

Talks about the standard of a grand jury proceeding. Says he supports the -2 amendments.

148

Rep. Ackerman

MOTION:  Moves to ADOPT HB 2865-2 amendments dated 04/15/03.

163

Rep. Prozanski

Asks how an investigative officer responds to hearsay in a grand jury.

172

Rep. Barker

Says that the grand jury can bring in the other officer if necessary.

188

Chair Williams

Explains the -2 and -4 amendments to Rep. Anderson.

219

 

VOTE:  7-1-1

AYE:               7 - Ackerman, Anderson, Barker, Jenson, Prozanski, Shetterly, Williams

NAY:               1 - Macpherson

EXCUSED:     1 - Krummel

220

Chair Williams

The motion CARRIES.

233

Rep. Prozanski

MOTION:  Moves HB 2865 to the floor with a DO PASS AS AMENDED recommendation.

237

Rep. Jenson

Says that he is going to vote aye in the committee, but he may vote no on the floor.

260

 

VOTE:  9-0

262

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

270

Chair Williams

Closes the work session on HB 2865 and opens a work session on HB 2647.

HB 2647 WORK SESSION

273

Bill Taylor

Committee Counsel. Introduces HB 2647 which deletes requirement that special alternative incarceration program be based on military basic training model. Discusses the -1 amendments (EXHIBIT K).

297

Scott Taylor

Oregon Department of Corrections. Testifies in support of HB 2647. Submits testimony (EXHIBIT L).

375

Rep. Prozanski

Asks Scott Taylor what Section 2, subsection 3 of the -1 amendment entails.

378

S. Taylor

Describes the alternative incarceration addiction program.

400

Rep. Prozanski

Asks how this program is different from the military model.

TAPE 144, B

003

Chair Williams

Explains the bill and its objective.

022

Vice Chair Anderson

Asks Mr. Taylor what the recidivism rate is at Shutter Creek.

024

S. Taylor

Answers that a control group is 29% and this particular population is 23%.

029

Vice Chair Anderson

Comments on a “junior marines” program in Jackson County.

041

Rep. Krummel

Asks Mr. Taylor if the program at Shutter Creek is a one-strike program.

050

S. Taylor

Answers that if an inmate makes a violation then they have to go through a review process.

063

Rep. Krummel

Asks how “walk-aways” are dealt with at Shutter Creek.

072

S. Taylor

Explains that the “walk-aways” are treated as escapes.

082

Rep. Macpherson

Asks about the level of expense for these facilities and if it is more costly.

087

S. Taylor

Responds that the initial cost is higher for the Summit Program, but when the time cut and transitional leave are factored in there is an average savings of $23,000-24,000 per inmate per year.

105

Rep. Macpherson

Says that it sounds like the savings includes the early release. Wonders whether they are duplicating the experimental facilities in hopes of saving by early release.

127

S. Taylor

Says that they have been running the Summit Program for nine years and believes that it will be successful.

145

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2647-1 amendments dated 04/14/03.

 

 

VOTE:  9-0

146

Chair Williams

Hearing no objection, declares the motion CARRIED.

148

Rep. Prozanski

MOTION:  Moves HB 2647 to the floor with a DO PASS AS AMENDED recommendation.

150

Rep. Jenson

Comments on evaluation of programs.

185

Rep. Macpherson

Says he supports the bill, but has concerns.

210

Chair Williams

Asks if the bill needs to go to Ways and Means.

212

B. Taylor

Says that it does not have a fiscal impact, but needs to be a part of the Department of Corrections budget.

225

Chair Williams

Suggests that they deal with it on the Senate side.

233

Rep. Krummel

Comments on boot camp program and new program discussed in the bill.

254

 

VOTE:  9-0

260

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

268

Chair Williams

Closes the work session on HB 2647 and opens a work session on HB 2094.

HB 2094 WORK SESSION

272

Pete Shepherd

Deputy Attorney General. Discusses bill which requires tobacco product manufacturers to report certain information to Attorney General. Discusses the -2 amendments (EXHIBIT M).

311

Chair Williams

Asks if they could strike the words “in this state” on page 11, line 15, of the -2 amendments.

314

Shepherd

Says that frames the policy issue and the Department of Justice would support that, but some people want those words kept in.

335

Chair Williams

Explains bill to committee.

384

Shepherd

Discusses what the bill does.

430

Chair Williams

Says that they are going to set the bill for Friday’s committee with new amendments.

TAPE 145, A

012

Marshall Coba

Council of Independent Tobacco Manufacturers of America. Supports HB 2094 and the -2 amendments. 

029

David Redmond

President, Carolina Tobacco Companies. Testifies in support of HB 2094 and the -2 amendments.

066

Jim Gardner

Philip Morris Tobacco Company. Submits testimony and testifies on HB 2094 and states what the intent of the Attorney General is (EXHIBIT N).

086

Bill Linden

R.J. Reynolds Tobacco Company. Says that the language “in this state” on page 11 of the -2 amendments needs to be removed.

103

Gardner

Explains why “in this state” needs to be removed.

116

Redmond

Comments on the impact of removing the language “in this state” in the -2 amendments.

154

Gardner

Discusses the broadness of the language in the -2 amendments.

164

Rep. Prozanski

Says that it sounds like there is an interstate commerce problem. 

206

Chair Williams

Discusses the bill. Closes the work session on HB 2094 and adjourns the meeting at 3:10 p.m.

 

EXHIBIT SUMMARY

 

A – HB 2238, -1 amendments, submitted by staff, dated 4/16/03, 13 pgs.

B – HB 2238, explanation of -1 amendments, submitted by staff, 1 pg.

C – HB 2711, -1 amendments, submitted by staff, dated 4/11/03, 2 pgs.

D – HB 2711, hand-engrossed bill, submitted by Ronelle Shankle, 7 pgs.

E – HB 2711, written testimony submitted by Ronelle Shankle, 7 pgs.

F – HB 2711, written testimony of David Conder, Child Support Enforcement Council, submitted by Ronelle Shankle, 3 pgs.

G – HB 2756, -1 amendments, submitted by staff, dated 4/15/03, 3 pgs.