HOUSE COMMITTEE ON JUDICIARY

 

 

April 30, 2003 Hearing Room 357

1:00 p.m. Tapes 167-168

 

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

Patsy Wood, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2802 Reconsideration and Work Session

                                                HB 2074 Work Session

                                                HB 2638 Work Session

                                                HB 3119 Work Session

HB 3193 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 167, A

004

Chair Williams

Calls the meeting to order at 1:37 p.m.  Opens a work session to reconsider HB 2802 which expands crime of arson in first degree.

HB 2802 WORK SESSION

010

Vice Chair Ackerman

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2802.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Jenson, Krummel, Shetterly

012

Chair Williams

Hearing no objection, declares the motion CARRIED.

021

Chair Williams

Explains reason that HB 2802 has to go to Ways and Means – large fiscal impact.  

032

Vice Chair Ackerman

MOTION:  Moves to RECONSIDER the vote by which HB 2802 was sent to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Jenson, Krummel, Shetterly

033

Chair Williams

Hearing no objection, declares the motion CARRIED.

035

Vice Chair  Anderson

Discusses arson situations in his district and feels this bill would be helpful in that respect.

045

Chair Williams

Agrees the bill is needed, but says the increased penalties increase the fiscal.

063

Vice Chair Anderson

Asks if there is a way to underfund the bill to keep it out of Way and Means.

065

Chair Williams

Discusses the possibility of that happening.  Encourages Rep. Anderson to testify in Ways and Means.

085

Rep. Ackerman

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:  9-0

093

Chair Williams

Hearing no objection, declares the motion CARRIED.

094

Chair Williams

Closes the work session on HB 2802 and opens a work session on HB 2074.

HB 2074 WORK SESSION

096

Bill Taylor

Committee Counsel.  Explains HB 2074 which requires Public Defense Services Commission to submit report to Legislative Assembly biennially. Discusses the -3 and -4 amendments (EXHIBITS A & B).

170

Chair Williams

Explains the -4 amendments are the efforts of a work group to look at extraordinary expenses.

190

Peter Ozanne

Director, Office of Public Defense Services.  Testifies in support of HB 2074 and the amendments.

199

Chair Williams

Notes that several Public Defense Services Commission members have expressed their support of this legislation with the -4 amendments.

223

Ozanne

Agrees. 

234

Ann Christian

Director, Indigent Defense Services.  Submits a hand-engrossed version of HB 2074 and a summary of the -3 and -4 amendments (EXHIBITS C & D).  Characterizes -3 amendments as additional housekeeping measure.

292

Rep. Jenson

Asks about -4 amendments, page 2, Section 42, regarding expert witnesses.  Expresses concern about being able to get “expert” witnesses in rural parts of Oregon.  Suggests something is needed in this bill to clarify this concern.

333

Chair Williams

Discusses options to satisfy this concern about getting expert witnesses to rural parts of Oregon.

357

Rep. Barker

Expresses concerns that someone might come in with a low expense to testify, but not be qualified.

364

Vice Chair Anderson

Asks about -4 amendments, page 2, line 27. Wonders if district attorneys are ruled out.

373

Taylor

Responds that if you have district attorneys on this panel then constitutional questions would be raised.

379

Vice Chair Anderson

Asks if it is pre-trial or post-trial.

381

Chair Williams

Responds it is on-going.

400

Christian

Comments on how the attorneys will be qualified and chosen to testify.

418

Vice Chair Ackerman

Questions the -4 amendments, page 2, line 30.  Wonders about rationale for language of the public to file complaints.

429

Taylor

Says this was a suggestion from the Lane County District Attorney.

438

Chair Williams

Points out this is a public commission and, therefore, open to public scrutiny. 

474

Ozanne

Says the commission would be welcome to public response.

TAPE 168, A

030

Christian

Discusses complaints that are currently received and addressed.

046

Vice Chair Ackerman

Questions “full disclosure” to the public.

052

Christian

Says that full disclosure is limited, cites the case State v. Bradley Cunningham, Court of Appeals.

060

Vice Chair Ackerman

Asks what would happen if a public records request is filed.

062

Christian

Explains how a particular case was handled.

074

Vice Chair Ackerman

Questions the lack of symmetry in Section 9, page 7 of the -4 amendments.

085

Christian

Explains current procedure regarding full disclosure at the end of a trial.

095

Chair Williams

Clarifies which items are disclosed as expenses.

102

Christian

Agrees it is a lump sum broken down by types of providers. 

111

Chair Williams

Is cognizant of Rep. Jenson’s concerns, but needs to move the bill forward.

116

Rep. Jenson

Suggests conceptual amendment in the -4 amendments.

129

Rep. Shetterly

Suggests this bill could be amended in the Senate.

133

Rep. Prozanski

Agrees, saying this language could be added in the Senate.

138

Taylor

Says he will forward this language to Legislative Counsel.

146

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of CONCEPTUALLY AMENDING the -4 amendments to HB 2074.

 

 

VOTE:  9-0

147

Chair Williams

Hearing no objection, declares the motion CARRIED.

148

Chair Williams

MOTION:  Moves to CONCEPTUALLY  AMEND HB 2074-4 amendments, dated 4/28/03, on page 2, line 21, by inserting "after the word available and before the semicolon add "or for cost considerations".

 

 

VOTE:  9-0

153

Chair Williams

Hearing no objection, declares the motion CARRIED.

156

Chair Williams

MOTION:  Moves to ADOPT HB 2074-3 amendments dated 04/28/03.

 

 

VOTE:  9-0

157

Chair Williams

Hearing no objection, declares the motion CARRIED.

158

Chair Williams

MOTION:  Moves to ADOPT HB 2074-4 amendments dated 04/28/03 as CONCEPTUALLY AMENDED.

 

 

VOTE:  9-0

159

Chair Williams

Hearing no objection, declares the motion CARRIED.

162

Chair Williams

Asks about the fiscal impact.

164

Christian

Says there is no fiscal impact.

170

Chair Williams

MOTION:  Moves HB 2074 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  9-0

178

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

180

Chair Williams

Closes the work session on HB 2074 and opens a work session on HB 2638.

HB 2638 WORK SESSION

181

Bill Taylor

Committee Counsel. Explains 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. Explains the -5 amendments (EXHIBIT E). 

210

Peter Gartlan

Office of Public Defense Services. Submits testimony and testifies in support of HB 2638 (EXHIBIT F).

243

Jim Nass

Appellate Legal Counsel. Says he is in agreement with what Mr. Gartlan said.

245

Chair Williams

Discusses what could happen during the interim with this issue.

262

Gartlan

Agrees that would be fine.

270

Rep. Krummel

Asks if a person is charged with a crime, how do they find out about this legislation, and wonders about the expense of filing with the court of appeals.

283

Gartlan

Says this bill addresses only parolees.  Explains what would happen when discussing this procedure with a parolee.

312

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2638-5 amendments dated 04/30/03.

 

 

VOTE:  9-0

316

Chair Williams

Hearing no objection, declares the motion CARRIED.

333

Rep. Prozanski

MOTION:  Moves HB 2638 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  9-0

346

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

350

Chair Williams

Closes the work session on HB 2638 and opens a work session on HB 3119.

HB 3119 WORK SESSION

351

Bill Taylor

Committee Counsel. Explains HB 3119 which authorizes court to place probationer under supervision of court.

375

Rep. Prozanski

Expresses concerns about the monthly fee.

388

Chair Williams

Reads letter from Judge Pratt which was given to him by Rep. Butler (EXHIBIT G). Explains the mechanics of recovering the fee.

TAPE 167, B

008

Rep. Jenson

Asks what happens if the fee is not paid.

010

Chair Williams

Asks Kelly Skye and Ann Christian to explain what would happen if the fee was not paid.

024

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Explains what might happen if the bench probation fee is not paid.  Says it varies widely based upon the judge.

045

Ann Christian

Director, Indigent Defense Services.  Discusses what happens in these cases from her standpoint.  Testifies in support of HB 3119.

079

Skye

Suggests placing non-person felonies on bench probation.

094

Rep. Prozanski

Discusses the fines in Lane County and what the judge might take into consideration based upon a person’s ability to pay.

118

Chair Williams

Speaks about his discussions with the Ways and Means people in this area of public safety.

144

Rep. Prozanski

MOTION:  Moves HB 3119 to the floor with a DO PASS recommendation and BE REFERRED to the Committee on Ways and Means BY PRIOR REFERENCE.

161

Rep. Jenson

Talks about nicknaming this bill – like the revenue-shift bill.

180

 

VOTE:  9-0

182

Chair Williams

Hearing no objection, declares the motion CARRIED.

183

Chair Williams

Closes work session on HB 3119 and opens a work session on HB 3193.

HB 3193 WORK SESSION

184

Bill Taylor

Committee Counsel. Explains HB 3193 which reclassifies certain crimes against animal 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. Discusses the -3 amendments (EXHIBIT H).

190

Rep. Brad Avakian

House District 34.  Testifies in support of HB 3193 and explains the -3 amendments.

205

Rep. Prozanski

Explains the statute.

213

Vice Chair Anderson

Questions the fine amount of $200,000 penalty.

222

Rep. Avakian

Explains where that amount applies.

226

Chair Williams

Clarifies where this amount applies on page 2, section 3, subsection 4 of the original bill.

237

Rep. Avakian

Says the premises definition is the only thing changed.

241

Rep. Prozanski

Reads definition of premises in statute.

254

Vice Chair Anderson

Still questions the $200,000 fine.

258

Chair Williams

Clarifies where the penalty would apply.

274

Rep. Avakian

Restates where the violations might occur.

276

Vice Chair Anderson

Asks for examples.

278

Rep. Avakian

Gives examples of where this type of animal abuse might occur.

292

Rep. Jenson

Says he does not see that this is in the law.

297

Chair Williams

States this is in the original bill, but not yet in statute.

303

Rep. Avakian

Explains where this legislation would affect current law.

308

Taylor

Reads the statutes that this legislation would apply to.

320

Chair Williams

Explains why the penalty is being increased.

330

Rep. Jenson

Still questions the discretion in the $200,000 fine – does not see “not to exceed” in the bill.

346

Rep. Shetterly

Suggests conceptually amending the bill to read “not to exceed.”

360

Chair Williams

Clarifies how a conceptual amendment might read in this regard.

374

Rep. Avakian

Agrees with the conceptual amendment.

376

Rep. Shetterly

Questions an animal being considered a “victim” in the -3 amendments.

404

Rep. Prozanski

Suggests adding the word “animal” after the word victim.

422

Chair Williams

Clarifies the bill being conceptually amended to address the fine, but not the animal being a victim.

455

Rep. Macpherson

MOTION:  Moves to ADOPT HB 3193-3 amendments dated 04/29/03.

 

 

VOTE:  9-0

457

Chair Williams

Hearing no objection, declares the motion CARRIED.

464

Rep. Prozanski

MOTION:  Moves to CONCEPTUALLY AMEND HB 3193 by inserting “not exceeding” in front of the numerical number and deleting “of” on page 1, line 16; page 2, line 16; page 2, line 23; page 2, line 42; page 3, line 9; page 3, line 22; page 3, line 33; and on page 4, line 2.

 

 

VOTE:  9-0

470

 

Chair Williams

Hearing no objection, declares the motion CARRIED.

517

Rep. Prozanski

MOTION:  Moves HB 3193 to the floor with a DO PASS AS AMENDED recommendation.

TAPE 168, B

045

Vice Chair Ackerman

Asks about a fiscal.

048

Chair Williams

Explains there should not be a significant fiscal impact.

051

 

VOTE:  9-0

052

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. AVAKIAN will lead discussion on the floor.

059

Chair Williams

Closes the work session on HB 3193 and adjourns the meeting at 3:00 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2074, -3 amendments, dated 4/28/03, 2 pgs.

B – HB 2074, -4 amendments, dated 4/28/03, 18 pgs.

C – HB 2074, hand-engrossed bill and -4 amendments, 44 pgs.

D – HB 2074, written testimony submitted by Ann Christian, 1 pg.

E – HB 2638, -5 amendments, dated 4/30/03, 1 pg.

F – HB 2638, written testimony submitted by Peter Gartlan, 2 pgs.

G – HB 3119, letter from Judge Burdette Pratt, emailed from Judge Pratt to Rep. Butler, submitted by Rep. Max Williams, 1 pg.

H – HB 3193, -3 amendments, submitted by staff, dated 4/29/03, 2 pgs.