HOUSE COMMITTEE ON JUDICIARY

 

 

May 09, 2003 Hearing Room 357

1:00 p.m. Tapes  184 - 185

 

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:                  Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3426 Work Session

                                                HB 3329A Work Session

                                                HB 2900 Public Hearing and Work Session

                                                HB 2901 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 184, A

004

Chair Williams

Calls the meeting to order at 1:20 p.m. Opens a work session on HB 3426.

HB 3426 WORK SESSION

008

Craig Prins

Committee Counsel. Introduces HB 3426 which restricts circumstances under which peace officer may use deadly physical force. Discusses the -4 amendments (EXHIBIT A).

036

Rep. Prozanski

MOTION:  Moves to ADOPT HB  3426-4 amendments dated 05/09/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Krummel

037

Chair Williams

Hearing no objection, declares the motion CARRIED.

038

Rep. Barker

MOTION:  Moves HB 3426 to the floor with a DO PASS AS AMENDED recommendation.

044

Vice Chair Ackerman

Asks about the -4 amendments. Asks if this bill addresses security from a local jail.

057

Prins

Answers that the bill does not address local institution officers.

061

Chair Williams

Emphasizes that the bill addresses the issue of the use of deadly force by people under the custody of the Department of Corrections.

075

 

VOTE:  7-0-2

EXCUSED:  2 - Anderson, Krummel

076

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

080

Chair Williams

Closes the work session on HB 3426 and opens a work session on HB 3329A.

HB 3329A WORK SESSION

084

Chair Williams

Introduces HB 3329A 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 act of mass violence. Discusses the –A5 amendments (EXHIBIT B).

104

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3329-A5 amendments dated 05/09/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

106

Chair Williams

Hearing no objection, declares the motion CARRIED.

112

Rep. Prozanski

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

114

Vice Chair Anderson

Says that he has problems with the bill and will vote no.

121

 

VOTE:  6-2-1

AYE:               6 - Ackerman, Barker, Macpherson, Prozanski, Shetterly, Williams

NAY:               2 - Anderson, Jenson

EXCUSED:     1 - Krummel

138

Chair Williams

The motion CARRIES.

REP. PROZANSKI will lead discussion on the floor.

140

Chair Williams

Closes the work session on HB 3329A and opens a public hearing on HB 2900.

HB 2900 PUBLIC HEARING

144

Craig Prins

Committee Counsel. Introduces HB 2900 which requires Department of Transportation to impose civil penalty of a least $500 and not more than $1,000 on person who refuses to take breath test. Discusses the -2 amendments (EXHIBIT C).

170

Ann Pratt

Springfield. Testifies in support of HB 2900.

194

Bruce Pratt

Springfield. Submits testimony and testifies in support of HB 2900 (EXHIBIT D).

201

Dawn Phillips

Legislative Assistant, Rep. Randy Miller. Testifies in support of HB 2900.

237

Rep. Prozanski

Asks Ms. Phillips if there has been discussion with the State Police of  how this money will be accounted for in the DUII program.

260

Prins

Discusses Section 2, page 1 and Section 3, page 1 and 2 of the bill.

287

David Vill

Assistant District Attorney, Lane County. Testifies in support of HB 2900.

317

Susan Russell

Oregon Criminal Defense Lawyers Association. Testifies in opposition to HB 2900.

345

Chair Williams

Closes the public hearing on HB 2900 and opens a work session.

HB 2900 WORK SESSION

350

Rep. Prozanski

MOTION:  Moves to ADOPT HB  2900-2 amendments dated 03/26/03.

 

 

VOTE:  9-0

352

Chair Williams

Hearing no objection, declares the motion CARRIED.

354

Rep. Prozanski

MOTION:  Moves HB 2900 to the floor with a DO PASS AS AMENDED recommendation.

364

Chair Williams

Hearing no objection, declares the motion CARRIED.

VOTE:  9-0

REP. WILLIAMS will lead discussion on the floor.

365

Chair Williams

Closes the work session on HB 2900 and opens a public hearing on HB 2901.

HB 2901 PUBLIC HEARING

367

Craig Prins

Committee Counsel. Introduces HB 2901 which requires person to sign certain acknowledgment and agreement as part of application for driver license or permit or vehicle registration. Discusses the -1 amendments (EXHIBIT E).

380

Ann Pratt

Springfield. Testifies in support of HB 2901.

403

Dawn Phillips

Legislative Assistant, Rep. Miller. Submits testimony and testifies in support of HB 2901 (EXHIBIT F).

459

Rep. Prozanski

Asks if other states use this approach.

465

Bruce Pratt

Answers no.

TAPE 185, A

037

Chair Williams

Says that there is a fiscal statement on the bill that says the cost of the bill could be absorbed with existing resources.

047

Kelly Taylor

Department of Transportation. Testifies on HB 2901.

085

Chair Williams

Closes the public hearing on HB 2901 and opens a work session.

HB 2901 WORK SESSION

090

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2901-1 amendments dated 04/14/03.

 

 

VOTE:  9-0

095

Chair Williams

Hearing no objection, declares the motion CARRIED.

097

Rep. Prozanski

MOTION:  Moves HB 2901 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

102

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

112

Chair Williams

Closes the work session on HB 2901. Adjourns the meeting at 1:55 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3426, -4 amendments, submitted by staff, dated 5/9/03, 3 pgs.

B – HB 3329, -A5 amendments, submitted by staff, dated 5/9/03, 1 pg.

C – HB 2900, -2 amendments, submitted by staff, dated 3/26/03, 6 pgs.

D – HB 2900, written testimony, submitted by Bruce Pratt, 1 pg.

E – HB 2901, -1 amendments, submitted by staff, dated 4/14/03, 1 pg.

F – HB 2901, Driver License/Identification Card Applications, submitted by Dawn Phillips, 5 pgs.