HOUSE COMMITTEE ON JUDICIARY

 

 

May 08, 2003 Hearing Room 357

1:00 pm Tapes  182 – 183

(Tape 181 blank)

 

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:                  Craig Prins Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 487 Public Hearing and Work Session

                                                SB 315 Public Hearing and Work Session

                                                HB 3385 Work Session

                                                SB 303 Public Hearing and Work Session

                                                SB 306 Public Hearing and Work Session

                                                SB 641 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 182, A

004

Chair Williams

Opens meeting at 2:10 pm.  Opens public hearing on SB 487.

SB 487 PUBLIC HEARING

004

Sen.  Rick Metsger

Senate District 26. Testifies in support of SB 487, and explains how SB 487 adds animal control officer to crime of assaulting public safety officer.

031

Deputy Becky Hoffman

Hood River County Animal Control.  Testifies in support of SB 487 and submits testimony (EXHIBIT A). Describes animal control officers’ duties. Describes personal experience of violence against her during an animal control investigation.

099

Lt. Randy Covey

Oregon Humane Society. Testifies in support of SB 487.

100

Rep. Prozanski

Asks if animal control officers are sworn officers through Department of Public Safety Standards and Training (DPSST).

102

Lt. Covey

Answers some are and some are not; it varies by city and county.

132

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to SB 487 because the statute is adequate and needs no expansion.

144

Rep. Barker

Asks if animal control officers should qualify for higher classification when they are assaulted on the job.

146

Russell

Answers the circumstances may be unclear.

148

Staff

Submits testimony of Jim Dohr in support of SB 487 (EXHIBIT  B).

150

Chair Williams

Closes public hearing on SB 487.  Opens work session on SB 487.

SB 487 WORK SESSION

150

Rep. Barker

MOTION:  Moves SB 487 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Shetterly

151

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

153

Chair Williams

Closes work session on SB 487.  Opens public hearing on SB 315.

SB 315 PUBLIC HEARING

165

Sen. Ginny Burdick

Senate District 18. Testifies in support of SB 315 which revises laws regarding driver duties to certain pedestrians.  Tells why this bill is necessary and submits testimony (EXHIBIT C).

200

Rick Waring

Oregon Department of Transportation (ODOT).  Testifies in support of SB 315 and submits written testimony (EXHIBIT D).  Gives personal experience with pedestrian accidents.  Explains why walkers need more protection.

264

Rep. Prozanski

Asks about section 1, a. 

270

Sen. Burdick

Explains how one lane needs to separate the car and pedestrian.

299

Rep. Jenson

Asks how many people have been killed in crosswalks.

312

Waring

Replies about half of the 50 killed were in crosswalks.

316

Rep. Jenson

Asks about injuries to pedestrians in crosswalks.

318

Craig Prins

Committee Counsel. Refers to section 4. 

344

Waring

Presents statistics in different years on pedestrian-auto accidents.

359

Rep. Shetterly

States he would be concerned about a requirement that the automobile had to stop while the pedestrian was on the curb.

365

Rep. Barker

Gives example of making a left turn on a red light, and asks if the automobile must wait until the pedestrian crosses until he turns.

368

Sen. Burdick

Says the two-lane buffer applies on turns.

370

Staff

Submits testimony in support of SB 315 of Patrick Hess (EXHIBIT E ), Ellen Vanderslice (EXHIBIT F), Mark Landauer (EXHIBIT G), and John Moffat (EXHIBIT H).

371

Chair Williams

Closes public hearing on SB 315.  Opens work session on SB 315.

SB 315 WORK SESSION

373

Rep. Macpherson

MOTION:  Moves SB 315 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

374

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

375

Chair Williams

Closes work session on SB 315.  Opens work session on HB 3385.

HB 3385 WORK SESSION

376

Chair Williams

Explains HB 3385 is the condominium and planned communities’ bill that has been heard previously.  Says the -5 amendments are a compromise (EXHIBIT I).

390

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3385-5 amendments dated 5/8/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

392

Chair Williams

Hearing no objection, declares the motion CARRIED.

394

Rep. Prozanski

MOTION:  Moves HB 3385 to the floor with a DO PASS AS AMENDED recommendation.

395

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Krummel

396

Chair Williams

Closes work session on HB 3385.  Opens public hearing on SB 303.

SB 303 PUBLIC HEARING

397

Jena Kunkal

Deputy District Attorney, Marion County. Testifies in support of SB 303 which allows domestic violence to be pleaded and proved as element of crime involving domestic violence.  Explains why SB 303 is needed.

400

Kamala Shugar

Deputy District Attorney, Lane County. Testifies in support of SB 303.

TAPE 183, A

050

Rep. Prozanski

Comments that the bill will help identify these crimes and are used for enhancement purposes in the future.

090

Ann Christian

Indigent Defense, Oregon Judicial Department. Explains why the department has not taken a position on this bill.

099

Chair Williams

Closes public hearing on SB 303.  Opens work session on SB 303.

SB 303 WORK SESSION

100

Rep. Prozanski

MOTION:  Moves SB 303 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Macpherson

101

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

102

Chair Williams

Closes work session on SB 303.  Opens public hearing on SB 306.

SB 306 PUBLIC HEARING

140

Alfred French

 Deputy District Attorney, Clackamas County. Testifies in support of SB 306 which changes mental state for crime of failure to appear from intentional to knowing. 

170

Kamala Shugar

Deputy District Attorney, Lane County. Testifies in support of SB 306 and explains why it is needed.  Failing to appear for court is a huge problem and results in a warrant for arrest.

213

Rep. Barker

Gives personal experience of being in court and failures to appear.

216

Rep. Jenson

Asks if there is a guarantee.

218

Shugar

Says SB 306 gives more opportunity to prosecute failures to appear.

220

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 306.  Explains problems that could arise. Says on lower level charges there can be numerous appearances required.

245

Chair Williams

Comments on cases of failure to appear where somebody was in jail. Emphasizes accountability. Closes public hearing on SB 306.  Opens work session on SB 306.

SB 306 WORK SESSION

259

Rep. Prozanski

MOTION:  Moves SB 306 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 – Krummel, Macpherson

200

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

205

Chair Williams

Closes work session on SB 306.  Opens public hearing on SB 641.

SB 641 PUBLIC HEARING

291

Ann Christian

Judicial Department. Testifies in support of SB 641 which authorizes post conviction court to order petitioner to repay costs related to provision of appointed counsel.

462

Rep. Prozanski

Asks about “all costs”.

470

Christian

Answers not costs associated with a trial or other than indigent defense related.

TAPE 182, B

040

Chair Williams

Asks about fiscal impact.

049

Christian

Estimates an increase in revenue and SB 641 will be referred to the fiscal office. 

060

Laura Aviani

Citizen, Drain, Oregon.  Testifies that indigent defense needs to be clarified.  Gives example of personal experience.

080

Rep. Prozanski

Responds on the rule of possibility of going to jail if there was a crime committed.

085

Chair Williams

Refers Ms Aviani to Ann Christian. Closes public hearing on HB 641. Opens work session on SB 641.

SB 641 WORK SESSION

085

Rep. Prozanski

MOTION:  Moves SB 641 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Barker, Macpherson

099

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

100

Chair Williams

Closes work session on SB 641.  Adjourns meeting at 3:16 pm.

 

 

EXHIBIT SUMMARY

 

A – SB 487, written testimony, Becky Hoffman, 3 pp

B – SB 487, written testimony, Jim Dohr, 2 pp

C – SB 315, written testimony, Sen. Ginny Burdick, 1 p

D – SB 315, written testimony, Rick Waring, 1 p

E – SB 315, written testimony, Patrick Hess, 2 pp

F – SB 315, written testimony. Ellen Vanderslice, 1 p

G – SB 315, written testimony, Mark Landauer, 1 p

H – SB 315, written testimony, John Moffat, 1 p

I -   HB 3385-5 amendments, Barbara Kanz, 10 pp

J – HB 3385, written testimony, Barbara Kanz, 105 pp