HOUSE COMMITTEE ON JUDICIARY

 

May 05, 2003 Hearing Room 357

1:00 p.m. Tapes  174 - 175

 

MEMBERS PRESENT:     

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

 

MEMBER EXCUSED:            Rep. Max Williams, Chair

 

STAFF PRESENT:                  Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 19A Public Hearing

                                                SB 45 Public Hearing and Work Session

                                                SB 46A Public Hearing

                                                SB 65 Public Hearing

SB 67 Public Hearing and 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 174, A

003

Vice Chair Anderson

Calls the meeting to order at 1:43 p.m. Opens a public hearing on SB 19A.

SB 19A PUBLIC HEARING

005

Craig Prins

Committee Counsel. Introduces SB 19A which establishes when youth offenders and persons alleged to be within jurisdiction of juvenile court may be detained in place where adults are detained. Discusses –A2 amendments (EXHIBIT A).

030

Julie McFarlane

Senior Attorney, Juvenile Rights Project. Submits testimony and testifies in opposition to SB 19A (EXHIBIT B).

089

Larry Oglesby

Oregon Juvenile Directors Association. Submits testimony and testifies in support of SB 19A (EXHIBIT C).

123

Timothy Travis

Oregon Judicial Department. Submits testimony and testifies in support of SB 19A (EXHIBIT D).

245

Rep. Prozanski

Asks if the maximum incarceration is for eight days.

249

Travis

Answers, yes.

250

Rep. Prozanski

Asks what else is there besides incarceration for a probation violation.

252

Travis

Answers that they can be fined, do service for a victim, or put on house arrest.

258

Rep. Barker

Discusses juveniles’ comments at MacLaren when the committee visited. Says that he does not see a problem with an 18-year old going to jail for a week for a probation violation.

272

McFarlane

Explains that with this bill juveniles will be placed in adult facilities when it is not appropriate.

327

Rep. Barker

Comments that if they are 18 years old then they are adults and he doesn’t understand her problem with that.

336

Rep. Krummel

Asks what the age of majority is in Oregon.

339

Travis

Says it is 18.

342

Rep. Krummel

Asks what the evidenced-based practice would suggest regarding this issue.

350

McFarlane

Says that she didn’t bring that specific information, but there are studies readily available.

373

Vice Chair Anderson

Asks if they have seen the –A2 amendments (Exhibit A).

375

Oglesby

Answers that he did see them and thinks that the amendments take away the intent of the bill.

391

Travis

Says that this bill gives a judge the discretion to make a case-by-case determination. Comments on the –A2 amendments.

TAPE 175, A

046

Vice Chair Ackerman

Asks if the purpose of the bill is to compensate for the lack of beds in  juvenile detention facilities.

048

Travis

Answers, yes, that is one of the purposes.

049

Vice Chair Ackerman

Asks if a finding the court must make could include that treatment alternatives are not viable for the needs of the juvenile.

056

Travis

Says that if he understands his question correctly, then yes.

058

Vice Chair Ackerman

Suggests that they are adopting a penalty standard for some juvenile offenders based upon specific court findings.

059

Travis

Believes that there is a place for punishment and an incentive to pay  restitution for some juveniles.

072

Vice Chair Anderson

Closes the public hearing on SB 19A and opens a public hearing on SB 45.

SB 45 PUBLIC HEARING

080

Craig Prins

Committee Counsel. Introduces SB 45 which provides that court in which post-conviction relief proceeding is pending may determine whether to transfer venue when petitioner is transferred from one correctional institution to another.

089

Ann Christian

Oregon Judicial Department. Submits testimony and testifies in support of SB 45 (EXHIBIT E). Says that this bill is the product of a work group.

145

Rep. Jenson

Expresses how he is trying to understand the bill.

156

Christian

Explains current law and what SB 45 addresses.

193

Vice Chair Anderson

Closes the public hearing on SB 45 and opens a work session.

SB 45 WORK SESSION

197

Rep. Prozanski

MOTION:  Moves SB 45 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Williams

204

Vice Chair Anderson

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

214

Vice Chair Anderson

Closes the work session on SB 45 and opens a public hearing on SB 46A.

SB 46A PUBLIC HEARING

216

Craig Prins

Committee Counsel. Introduces SB 46A which expands definition of enter or remain unlawfully for purposes of burglary and criminal trespass.

266

Jonathan Fussner

Attorney, Oregon Department of Justice. Submits testimony and testifies in support of SB 46A (EXHIBIT F).

365

Laurie Abraham

Deputy District Attorney, Multnomah County. Submits testimony and testifies in support of SB 46A (EXHIBIT G). Discusses Collins decision that is corrected by SB 46A.

TAPE 174, B

015

Mike Salsgiver

Portland Business Alliance. Testifies in support of SB 46A.

050

Matt Engen

Officer, Portland Police Bureau. Submits testimony and testifies in support of SB 46A (EXHIBIT H).

079

Rep. Prozanski

Points out that there are requirements within city ordinances that allow a person to challenge the police if arrested.

093

Officer Engen

Says that is a good point and explains private property rights.

109

Rep. Prozanski

Asks if Portland Police have an agency agreement with the landowner.

119

Fussner

Explains that they have a business trespass agreement with the property owners.

130

Rep. Prozanski

Comments that he is concerned that some of this is being done on an ordinance. Asks if there will be any impact in defining the statute.

138

Fussner

Responds that a person has a right to challenge an order against them and that is current law. Says that this bill does not attempt to preempt the city ordinances.

170

Rep. Prozanski

Asks if the Portland ordinance expands the current law provided under the ordinance or under the state statute.

178

Abraham

Explains the city of Portland’s ordinance.

195

Rep. Jenson

Asks Mr. Fussner if the Attorney General’s Office would be withdrawing their appeal.

200

Fussner

Answers that there is a possibility, but says that the Supreme Court might dismiss review on its own if this law is passed.

246

Kelly Skye

Oregon Criminal Defense Lawyers Association. Testifies in opposition to SB 46A. Says that they are against people being excluded from certain areas or even from their own neighborhoods.

375

Lynn-Marie Crider

Research Director, Oregon American Federal Liberties Union. Submits testimony and testifies in opposition to SB 46A (EXHIBIT I).

TAPE 175, B

019

Jerod Broadfoot

Oregon Gun Owners. Testifies as neutral on SB 46A.

041

Rep. Shetterly

Wonders if they should give notice in writing.

070

Rep. Prozanski

Comments on the issues of private property owners and no trespassing laws.

090

Skye

Says their concerns are giving notice to people.

120

Rep. Barker

States that businesses are having trouble with criminal activity. Asks Ms. Skye what the limits are on shoplifting before they will be prosecuted in Multnomah County.

132

Skye

Answers that currently they are not prosecuted.

133

Rep. Barker

Asks Ms. Skye if she has a problem with a business excluding an individual from their store.

135

Skye

Answers, no, but she wonders how they are going to word that in the law.

152

Rep. Prozanski

Describes how the stores that he works with deal with criminal trespassing.

166

Rep. Shetterly

Says that he likes “directed not to enter” better than “denied entry” because it is more an active voice.

197

Rep. Macpherson

Asks Ms. Crider for the AFL-CIO’s concern.

204

Crider

Explains that they have problems with the language and the law is written too broadly.

229

Rep. Macpherson

Asks if a structure in the statute that requires written or oral notice would help.

237

Crider

Answers, yes, that would be helpful because that gives them something they can challenge.

251

Vice Chair Anderson

Closes the public hearing on SB 46A and opens a public hearing on SB 65.

SB 65 PUBLIC HEARING

259

Craig Prins

Committee Counsel. Introduces SB 65 which modifies crime of sexual assault of animal.

273

Lt. Randy Covey

Oregon Humane Society. Testifies in support of SB 65.

303

Vice Chair Anderson

Closes the public hearing on SB 65 and opens a public hearing on SB 67.

SB 67 PUBLIC HEARING

312

Craig Prins

Committee Counsel. Introduces SB 67 which clarifies that telephone testimony may be used in proceeding under ORS chapter 419B.

328

Wendy Johnson

Oregon Law Commission. Submits testimony and testifies in support of SB 67 (EXHIBIT J).

357

Vice Chair Anderson

Closes the public hearing on SB 67 and opens a work session.

SB 67 WORK SESSION

367

Rep. Shetterly

MOTION:  Moves SB 67 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Krummel, Williams

370

Vice Chair Anderson

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

381

Vice Chair Anderson

Closes the work session on SB 67 and adjourns the meeting at 3:30 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 19A, -2 amendments, submitted by staff, dated 5/5/03, 1 pg.

B – SB 19A, written testimony, submitted by Julie McFarlane, 7 pgs.

C – SB 19A, written testimony, submitted by Larry Oglesby, 1 pg.

D – SB 19A, written testimony, submitted by Timothy Travis, 3 pgs.

E – SB 45, written testimony, submitted by Ann Christian, 2 pgs.

F – SB 46A, written testimony, submitted by Jonathan Fussner, 2 pgs.

G – SB 46A, written testimony of Michael Schrunk, submitted by Laurie Abraham, 2 pgs.

H – SB 46A, written testimony, submitted by Matt Engen, 2 pgs.

I – SB 46A, written testimony, submitted by Lynn-Marie Crider, 2 pgs.

J – SB 67, report, submitted by Wendy Johnson, 3 pgs.