HOUSE COMMITTEE ON JUDICIARY

 

 

April 24 2003 Hearing Room 357

1:00 pm Tapes   159 - 162

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3329 Reconsideration and Work Session

                                                HB 3193 Work Session

                                                HB 2569 Work Session

                                                HB 3389 Work Session

                                                HB 2638 Work Session

                                                HB 2756 Work Session

                                                HB 2802 Work Session

                                                HB 3250 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  159, A

004

Chair Williams

Opens meeting at 1:10 pm.  Opens work session on HB 3329.

HB 3329 Possible Reconsideration and Work Session

010

Rep. Williams

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3329.

 

 

VOTE:  9-0

012

Chair Williams

Hearing no objection, declares the motion CARRIED.

015

Rep. Williams

MOTION:  Moves to RECONSIDER the vote by which HB 3329 was sent to the Floor Do Pass.

 

 

VOTE:  9-0

018

Chair Williams

Hearing no objection, declares the motion CARRIED.

022

Kate Richardson

Chief of Staff, Oregon State Treasury. Testifies in support of HB 3329 which authorizes Department of Justice to initiate and participate in efforts to prepare for, and to assist in, delivery of services to individuals traumatized by acts of mass violence, and submits the -1 amendment (EXHIBIT A).

025

Fred Boss

Department of Justice. Testifies in support of HB 3329-1 amendment.

050

Chair Williams

Summarizes the amendments.

100

Cheryl Pellegrini

Department of Justice. Testifies in support of the HB 3329 -2 amendments and submits testimony  Staff submits HB 3329-3 amendment  (EXHIBITS B, B-1, and C).  Gives background on the no call law.  Says HB 3329 will allow one list for all states for telemarketers. 

120

Chair Williams

Recesses work session on HB 3329.  Opens work session on HB 3193 which reclassifies certain crimes against animals to double maximum fine when crime is committed as part of single criminal episode involving eight or more animals, with each animal being subjected to one or more of certain crimes..

HB 3193 WORK SESSION

125

Rep. Brad Avakian

House District 34.  Testifies in support of HB 3193 and submits written testimony (EXHIBIT D)..

135

Bill Taylor

Committee Counsel. Discusses and submits the -1 amendments (EXHIBIT E). 

264

Chuck Taylor

Legislative Counsel.  Clarifies HB 3193.

275

Rep. Barker

Notes the language does not seem appropriate.

344

Rep. Shetterly

Asks why “immediate presence” is part of  the language.

355

Rep. Avakian

Clarifies intent of the bill.

365

Chair Williams

Asks Rep. Shetterly, Rep. Prozanski and Rep. Avakian to work on the language. Closes work session on HB 3193.  Reconvenes work session on HB 3329.

HB 3329 WORK SESSION

400

Cheryl Pellegrini

Resumes presentation on state no-call and federal data base. Describes what could happen with less than full state participation.

TAPE 160, A

020

Pellegrini

Continues explaining lists as well as state and federal programs.

037

Rep. Barker

Asks if the list comes out of Oregon.

057

Brant Wolf

Oregon Telecommunications Association. Testifies in opposition to the -2 amendments and submits testimony (EXHIBITS F).

136

Rep. Krummel

Asks what happens if the federal government  pre-empts what the state is doing.

146

Wolf

If the program is pre-empted, it goes away from the state. Says he belongs to the Oregon no call programs and intends to subscribe to the federal no call program.

195

Rep. Barker

Discusses pre-emption by the federal government. Asks why the local program should be kept.

202

Elise Brown

American Telephone and Telegraph (AT&T).  Testifies in support of HB 3329 which would remove the administration of the Oregon no call program to the jurisdiction of the Federal Trade Commission (FTC).    

229

Rep. Shetterly

MOTION:  Moves to ADOPT HB 3329-1 amendments dated 4/24/03.

 

 

VOTE:  9-0

230

Chair Williams

Hearing no objection, declares the motion CARRIED.

232

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3329-2 amendments dated 4/24/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Jenson

233

Chair Williams

Hearing no objection, declares the motion CARRIED.

234

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3329-3 amendments dated 4/24/03.

 

 

VOTE:  9-0

236

Rep. Prozanski

MOTION:  Moves HB 3329 to the floor with a DO PASS AS AMENDED recommendation.

237

Chair Williams

VOTE:  7-2-0

AYE:               7 - Ackerman, Barker, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               2 - Anderson, Jenson

238

Chair Williams

The motion CARRIES.

REP. PROZANSKI will lead discussion on the floor.

240

Chair Williams

Closes work session on HB 3329.  Opens work session on HB 2569.

HB 2569 WORK SESSION

290

Rep. Mary Gallegos

House District 29.  Testifies in support of HB 2569 which creates crime of interference with agricultural operations in first degree and submits testimony (EXHIBIT G).

340

Vice Chair Ackerman

Asks what the source of material was for the bill.

345

Rep. Gallegos

Responds that the sources were reports from the Agriculture Committee on Midwest Conference on Agriculture.

TAPE 159, B

030

Vice Chair Ackerman

Asks what the specific devices were as far as definitions.

049

Rep. Jenson

Discusses chemical or biological releases into crops with intent.  Has a concern with the level of punishment.

055

Rep. Gallegos

Says defining devices is supported.

100

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 2569. Objects to criminalizing conduct. Terms in bill are unclear. SB 24 addresses specifically intent to harm.

166

Andrea Meyer

American Civil Liberties Union (ACLU).  Testifies in opposition to  HB 2569.  States this is a terrorism bill and there is no need for this bill. Explains the language is vague in the bill.

234

Rep. Krummel

Gives example of destruction of bunker killing people.

263

Rep. Prozanski

Asks if there are federal laws because of the 9-11 event.

264

Russell

Says she will find out.

282

Rep. Macpherson

Refers to tampering with “food supply” events in urban areas.

323

Chair Williams

Closes work session on HB 2569.  Opens work session on HB 3389.

HB 3389 WORK SESSION

350

 Mike Dugan

Deschutes County District Attorney. Testifies in support of HB 3389 which provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances. Says the bill will save costs in testing and will allow earlier disposition of programs. It does not cause defendant more risk.

385

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to HB 3389.  Early disposition can be achieved by programs rather than testing. Opposes defendant paying for testing.

 

TAPE 160, B

030

Russell

Continues discussing testing.

060

Chair Williams

Comments that forensic scientists are not hired in cases.  If the case goes to trial, the state will then get scientific testing.

112

Rep. Shetterly

Discusses the cost shift is not necessarily gaining that much by assessing the defendant the cost.

130

Rep. Prozanski

Comments there is a question if the court has the ability to provide the test or the defendant the ability to pay. Discusses the cost of prosecution.

160

Russell

Discusses the issues related to the defendant paying part of the prosecution costs.

174

Dugan

Comments that the Oregon constitution gives a right to a defendant to have their case considered by a grand jury before it can be prosecuted. The defendant can waive grand jury. The defendant may not qualify for a drug court or may reject early disposition program, and that is why the legislation is important.

195

Rep. Barker

Testifies that this bill cuts out some unnecessary expense. 

199

Rep. Shetterly

MOTION:  Moves to conceptually AMEND HB 3389 on page 1,  line 22, deleting "If the analysis” and through lines 23 and 24" .

 

 

VOTE:  9-0

200

Chair Williams

Hearing no objection, declares the motion CARRIED.

202

Rep. Barker

MOTION:  Moves HB 3389 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-2-0

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

NAY:               2 - Jenson, Prozanski

204

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

206

Chair Williams

Closes work session on HB 3389.  Opens work session on HB 2638.

HB 2638 WORK SESSION

210

Bill Taylor

Committee Counsel.  Describes 2001 Session streamlining appeals from the Parole Board.  Submits the -4 amendments (EXHIBIT H).

264

Peter Gartland

Office of Public Defense Services.  Discusses HB 2638 which allows county or city to retain one-half of traffic offense fines that would otherwise be paid to state if retained amounts are used solely for purpose of paying costs and expenses incurred by justice court or municipal court in prosecuting crimes and conducting contempt and probation violation proceedings. 

TAPE 161, A

033

Diane Rea

Chair, Board of Parole and Post-Prison Supervision.  Testifies in opposition to HB 2638.  States, if the system is changed to discretion of court, it will impact  the agency budget.

081

Jim Nass

Appellate Legal Counsel.  Says the Court of Appeals supports HB 2638 as a cost savings measure. Supports the amendment.

137

Chair Williams

Refers to last legislative session when this bill was presented and asks parties to respond to fiscal impact.  Closes the work session on HB 2638.  Opens work session on HB 2756.

HB 2756 WORK SESSION

150

Bill Taylor

Committee Counsel.  Explains HB 2756 which modifies provisions relating to relief from requirement to report as sex offender based on juvenile adjudication. Submits the -2 and -3 amendments (EXHIBITS   I and J).

213

Tim Travis

Oregon Judicial Department.  Testifies in support of the -2 and -3 amendments which will lower the fiscal impact. Describes the -2 and -3 amendments.  

244

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Supports both amendments.

245

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2756-2 amendments dated 4/24/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

246

Chair Williams

Hearing no objection, declares the motion CARRIED.

247

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2756-3 amendments dated 4/24/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

248

Chair Williams

Hearing no objection, declares the motion CARRIED.

249

Rep. Prozanski

MOTION:  Moves HB 2756 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Macpherson

250

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

252

Chair Williams

Closes work session on HB 2756. Opens work session on HB 2802.

HB 2802 WORK SESSION

255

Bill Taylor

Committee Counsel.  Explains HB 2802 which expands crime of arson in first degree.  Explains and submits the -2 amendments (EXHIBIT K).

260

Ken Armstrong

Oregon Fire Chiefs Association and Tualatin Valley Fire and Rescue. Testifies in support of the -2 amendments and explains what they do.

265

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in support of HB 2802 with the -2 amendments.

269

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2802-2 amendments dated 4/24/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

272

Chair Williams

Hearing no objection, declares the motion CARRIED.

274

Rep. Prozanski

MOTION:  Moves HB 2802 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

275

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

276

Chair Williams

Closes work session on HB 2802.  Opens work session on HB 3250.

HB 3250 WORK SESSION

280

Bill Taylor

Committee Counsel. Explains 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 find existence of certain circumstances. Explains the -5 amendments (EXHIBIT L).

318

Nancy Miller

Oregon Judicial Department. Testifies in support of HB 3250. Explains some things have been removed to narrow the bill. Says the fiscal impact will be very minimal.

323

Chair Williams

Asks if there is objection to changing “or” to “and” on line 23, page 2.

TAPE 162, A

040

Chair Williams

Hears no objection.

042

Miller

Expresses appreciation of the work group’s consensus.

081

Chair Williams

MOTION:  Moves to suspend the rules to conceptually change amendments page 2, line 23, by changing ""or" to "and".

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

082

Chair Williams

Hearing no objection, declares the motion CARRIED.

083

Chair Williams

MOTION:  Moves to ADOPT HB 3250-5 as conceptually  amended.

 

 

VOTE:  7-0

EXCUSED:  2 - Barker, Macpherson

084

Chair Williams

Hearing no objection, declares the motion CARRIED.

085

Rep. Prozanski

MOTION:  Moves HB 3250 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

086

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

089

Staff

Submits testimony in support of HB 3250-5 from Laura Butterfield (EXHIBIT M).

090

Chair Williams

Closes the work session on HB 3250 and adjourns meeting at 3:26 pm.

 

 



EXHIBIT SUMMARY

 

A – HB 3329-1 amendment, Kate Richardson, 3 pp

B – HB 3329-2 amendment, Cheryl Pellegrini, 2 pp

B-1 – HB 3329-3 amendment, staff, 1 p

C – HB 3329, written testimony, Cheryl Pellegrini, 3 pp

D – HB 3193, written testimony, Rep. Brad Avakian, 6 pp

E – HB 3193-1 amendment, staff, 2 pp

F –  HB 3329, written testimony, Brant Wolf, 14 pp

G – HB 2569, written testimony, Rep. Mary Gallegos, 14 pp

H – HB 2638-4 amendment, staff, 5 pp

I –   HB 2756-2 amendment, staff, 1 p

J –  HB 2756-3 amendment, staff, 4 pp

K – HB 2802-2 amendment, staff, 15 pp

L –  HB 3250-5 amendment, staff, 3 pp

M – HB 3250, written testimony of Laura Butterfield, staff, 4 pp