HOUSE COMMITTEE ON JUDICIARY

 

 

May 12, 2003 Hearing Room 357

1:00 p.m. Tapes  186 - 187

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:            SB 618A Public Hearing and Work Session

                                                SB 59 Public Hearing

                                                SB 764A Public Hearing and Work Session

                                                SB 104A Public Hearing and Work Session

                                                SB 105 Public Hearing and Work Session

                                                SB 106 Public Hearing and Work Session

                                                SB 108 Public Hearing

SB 111 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 186, A

004

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a public hearing on SB 618A.

SB 618A PUBLIC HEARING

025

Astrid M. Newell

M.D., medical consultant for Office of Family Health, Department of Human Services and co-chair of the State Advisory Committee on Genetic Privacy and Research. Submits testimony and testifies in support of SB 618A which modifies laws relating to genetic privacy (EXHIBITS A – D).

101

Rep. Krummel

Asks Dr. Newell if there is anything in the bill in regards to genetic information being released to a third party.

110

Dr. Newell

Answers that the bill does not change the current law in regards to obtaining, retaining and disclosing genetic information. Says that Ted Falk is the other co-chair of the State Advisory Committee on Genetic Privacy and Research.

120

Chair Williams

Closes the public hearing on SB 618A and opens a work session.

 

SB 618A WORK SESSION

121

Rep. Shetterly

MOTION:  Moves SB 618A to the floor with a DO PASS recommendation.

124

Rep. Shetterly

Thanks the work group for their efforts.

130

 

VOTE:  9-0

135

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

144

Chair Williams

Closes the work session on SB 618A and opens a public hearing on SB 59.

SB 59 PUBLIC HEARING

147

Craig Prins

Committee Counsel. Introduces SB 59 which extends period during which forfeiture counsel must file criminal information or indictment for criminal forfeiture.

172

Daina Vitolins

Assistant Attorney General. Submits testimony and testifies in support of SB 59 (EXHIBIT E).

194

Craig Durbin

Sergeant, Oregon State Police, Manager of Drug Enforcement Section. Submits testimony and testifies in support of SB 59 (EXHIBIT F).

234

Rep. Prozanski

Asks if the -1 amendments are going to fix a void that is currently in the statute (EXHIBIT G).

247

Vitolins

Says yes, and explains the -1 amendments.

261

Prins

Talks about definition of “dangerous weapons”.

271

Rep. Prozanski

Asks if it needs to be pleaded in the proceeding.

274

Vitolins

Says that it is not pleaded.

279

Rep. Krummel

Asks why the statute is redundant.

297

Vitolins

Explains that the statute will be located in two places.

302

Prins

Explains why Sections 3 and 4, pages 1-2,  of the -1 amendments are redundant.

317

Chair Williams

Recesses SB 59 and opens a public hearing on SB 764A.

SB 764A PUBLIC HEARING

324

Sen. Bruce Starr

Senate District 13. Testifies in support of SB 764A which increases number of intersections at which photo red light cameras may operate.

TAPE 187, A

011

Linda Adlard

City of Beaverton. Testifies in support of 764A. Says that they are the first city in the state to use the photo red light cameras.

038

Officer Dean Meisner

Police, City of Beaverton. Testifies in support of 764A.

061

Vice Chair Anderson

Wonders why the law is limited to cities of populations of more than 30,000.

065

Chair Williams

Believes that eventually all cities will be able to have this.

078

Rep. Jenson

States that he will oppose the bill because this technology is not available to the entire state.

092

Chair Williams

Closes the public hearing on SB 764A and opens a work session.

SB 764A WORK SESSION

095

Rep. Prozanski

MOTION:  Moves SB 764A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-1-1

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

NAY:               1 - Jenson

EXCUSED:     1 - Shetterly

100

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

121

Chair Williams

Closes the work session on SB 764A and re-opens a public hearing on SB 59.

SB 59 PUBLIC HEARING RE-OPENED

126

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies as neutral on SB 59. Says they have reservations on the -1 amendments to SB 59 and expansion of the definition of  “dangerous weapons” (Exhibit G).

161

Daina Vitolins

Says that ORS 166.280 talks about “dangerous weapons” not deadly weapons.

178

Rep. Prozanski

Asks if the OCDLA would be comfortable with using the words “firearms” instead of dangerous weapons.

180

Skye

Says, yes.

181

Rep. Prozanski

Says that they are expanding the statute to be broader than what was before us before and broader than the criminal forfeiture law.

186

Vitolins

Says that she believes it covered dangerous weapons. Discusses statutes and language.

209

Chair Williams

Asks Ms. Skye if a “dangerous weapon” includes an automobile.

211

Skye

Answers, yes.

212

Chair Williams

Says that if an automobile is used as a weapon it would then be forfeited. Asks how the OCDLA wants to define this.

231

Skye

Says that one idea is to allow judicial discretion. Discusses circumstance of a client.

265

Chair Williams

Asks Ms. Vitolins if they could allow judicial discretion to determine when it would be appropriate to forfeit.

273

Vitolins

Answers that they would rather have the broad definition of “dangerous weapon” and leave it to the court’s discretion.

285

Vice Chair Ackerman

Wonders if the issue of whether it’s a dangerous weapon is a jury question and if we should leave it to the jury to make this decision.

296

Skye

Says he may be correct, but this statute directs the court to forfeit the dangerous weapon.

372

Chair Williams

Closes the public hearing on SB 59 and opens a public hearing on SB 104A.

SB 104A PUBLIC HEARING

376

Craig Prins

Committee Counsel. Introduces SB 104A which adds defined term youth in provisions dealing with appeals in juvenile court cases.

395

Michael Livingston

Department of Justice. Submits testimony and testifies in support of SB 104A (EXHIBIT H).

434

Vice Chair Ackerman

Closes the public hearing on SB 104A and opens a work session.

SB 104A WORK SESSION

439

Rep. Macpherson

MOTION:  Moves SB  104A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Williams

445

Vice Chair Ackerman

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

463

Vice Chair Ackerman

Closes the work session and opens a public hearing on SB 105.

SB 105 PUBLIC HEARING

471

Craig Prins

Committee Counsel. Introduces SB 105 which modifies provision relating to crime victims’ assistance.

490

Connie Gallagher

Administrator, Crime Victims Assistance Section, Department of Justice. Submits testimony and testifies in support of SB 105 (EXHIBIT I).

TAPE 186, B

040

Gallagher

Continues her testimony in support of SB 105.

071

Georgia Griffin

Victim Coordinator, FBI, Oregon. Submits testimony and testifies in support of SB 105 (EXHIBIT J).

107

Rep. Krummel

Asks if this bill would have any effect on members of the armed services that are held as POW’s or MIA’s.

114

Gallagher

Answers, no this bill would not have any effect on that.

118

Rep. Jenson

Asks about the role of state mental health in this issue.

124

Gallagher

Discusses costs of counseling services.

148

Rep. Jenson

Questions the issues of state counseling services.

173

Rep. Krummel

Asks if there is a definition for international terrorism.

175

Gallagher

Says it is not defined in the bill.

201

Craig Prins

Committee Counsel. Says that international terrorism is defined in ORS 147.005.

211

Vice Chair Ackerman

Closes the public hearing on SB 105 and opens a work session.

SB 105 WORK SESSION

215

Rep. Jenson

MOTION:  Moves SB 105 to the floor with a DO PASS recommendation.

216

Rep. Krummel

Asks about the punitive damage award.

228

Prins

Explains punitive damage award.

236

Vice Chair Ackerman

Says that it is viewed as a civil fine or civil penalty.

252

 

VOTE:  8-0-1

EXCUSED:  1 - Williams

254

Vice Chair Ackerman

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

255

Vice Chair Ackerman

Closes the work session on SB 105 and opens a public hearing on SB 106.

SB 106 PUBLIC HEARING

257

Craig Prins

Committee Counsel. Introduces SB 106 which expands definition of survivor for purposes of crime victims’ compensation program.

276

Connie Gallagher

Administrator, Crime Victims Assistance Section, Department of Justice. Submits testimony and testifies in support of SB 106 (EXHIBIT K).

316

Rep. Krummel

Asks if the victim’s “significant other” would qualify.

320

Gallagher

Says that there is a possibility of that, but it needs to be further defined through administrative rule.

330

Rep. Jenson

Asks if a stepchild qualifies.

335

Gallagher

Answers, yes.

339

Vice Chair Ackerman

Closes the public hearing on SB 106 and opens a work session.

SB 106 WORK SESSION

342

Rep. Macpherson

MOTION:  Moves SB 106 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Shetterly, Williams

345

Vice Chair Ackerman

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

362

Vice Chair Ackerman

Closes the work session on SB 106 and opens a public hearing on SB 108.

SB 108 PUBLIC HEARING

377

Jonathan Fussner

Assistant Attorney General, Oregon Department of Justice. Submits testimony and testifies in support of SB 108 which authorizes fine of up to $300,000 upon conviction of murder or aggravated murder (EXHIBIT L).

406

Rep. Jenson

Asks about increasing the fine to one million.

413

Fussner

Says that would be too much.

432

Rep. Krummel

Asks if the fine would be taken out of the money a prisoner earns in a work program.

445

Fussner

Answers that he doesn’t know what can be done with the money the inmates earn.

TAPE 187, B

013

Vice Chair Ackerman

Closes the public hearing on SB 108 and opens a public hearing on SB 111.

SB 111 PUBLIC HEARING

016

Craig Prins

Committee Counsel. Introduces SB 111 which provides for payment of counseling expenses of friend or acquaintance of deceased crime victim if friend of acquaintance was person who discovered victim’s corpse.

020

Jason Barber

Assistant Director, Crime Victims Assistance Section, Department of Justice. Submits testimony and testifies in support of SB 111 (EXHIBIT M).

045

Vice Chair Ackerman

Closes the public hearing on SB 111 and opens a work session.

SB 111 WORK SESSION

047

Rep. Prozanski

MOTION:  Moves SB 111 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Shetterly, Williams

055

Vice Chair Ackerman

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

059

Vice Chair Ackerman

Closes the work session on SB 111. Adjourns the meeting at 3:00 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 618A, oversized exhibit, book, archive copy only, Report to the 2003 Legislature, submitted by the Advisory Committee on Genetic Privacy and Research, 107 pgs.

B – SB 618A, Advisory Committee Recommendations, submitted by Astrid Newell, MD,  1 pg.

C – SB 618A, Powerpoint Presentation of Ted Falk, JD, PhD and Astrid Newell, MD, submitted by Astrid Newell,  5 pgs.

D – SB 618A, written testimony, submitted by Astrid Newell, MD, 2 pgs.

E – SB 59, written testimony, submitted by Daina Vitolins, 1 pg.

F – SB 59, written testimony, submitted by Craig Durbin, 1 pg.

G – SB 59, -1 amendments, submitted by staff, 8 pgs.

H – SB 104A, written testimony, submitted by Michael Livingston, 1 pg.

I – SB 105, written testimony, submitted by Connie Gallagher, 1 pg.

J – SB 105, written testimony, submitted by Georgia Griffin, 1 pg.

K – SB 106, written testimony, submitted by Connie Gallagher, 1 pg.

L – SB 108, written testimony, submitted by Jonathan Fussner, 1 pg.

M – SB 111, written testimony, submitted by Jason Barber, 2 pgs.