HOUSE COMMITTEE ON JUDICIARY

 

May 13, 2003 Hearing Room 357

1:00 pm Tapes  188 - 189

 

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:            HB 2156 Work Session

                                                SB 112A Public Hearing and Work Session

                                                SB 115A Public Hearing and Work Session

                                                SB 117 Public Hearing and Work Session

                                                SB 122 Public Hearing and Work Session

                                                SB 123 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 188, A

004

Chair Williams

Opens meeting at 1:10 pm.  Opens work session on HB 2156.

HB 2156 WORK SESSION

020

Chair Williams

Recalls HB 2156 brought forward earlier by Department of Human Services (DHS) which authorizes DHS to present for recordation request for notice of transaction in deed and mortgage records of county in which public assistance recipient holds interest in real property. Presents the HB 2156-2 amendments (EXHIBIT A).

035

Rick Mills

DHS. Discusses fiscal impact. Says they have no precise numbers as yet on savings.

037

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2156-2 amendments dated 3/25/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Shetterly

038

Chair Williams

Hearing no objection, declares the motion CARRIED.

039

Rep. Prozanski

MOTION:  Moves HB 2156 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means BY PRIOR REFERENCE.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Macpherson

040

Chair Williams

Hearing no objection, declares the motion CARRIED.

041

Chair Williams

Closes work session on HB 2156.  Opens public hearing on SB 112A.

SB 112A PUBLIC HEARING

060

Craig Prins

Committee Counsel.  Explains SB 112A which modifies requirements for submitting child abuse multidisciplinary intervention plan.

130

Connie Gallagher

Department of Justice. Testifies in support of SB 112A and submits written testimony (EXHIBIT B). 

168

Walt Beglau

Deputy District Attorney, Marion County.  Testifies in support of SB 112A.

182

Rep. Prozanski

Asks if Multi-Disciplinary Intervention (MDI) teams were contacted.

185

Beglau

Responds that these were minor changes and the teams were not approached.

190

Rep. Krummel

Asks about fiscal impact in section 3.

202

Gallagher

Responds that the only costs would be less than $500 for travel for a few council members.

204

Rep. Krummel

Asks if costs can be absorbed by the council.

208

Gallagher

Replies the administrative costs were provided for.

210

Chair Williams

Closes public hearing on SB 112A. Opens work session on SB 112A.

SB 112A WORK SESSION

212

Rep. Prozanski

MOTION:  Moves SB 112A to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

213

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

214

Chair Williams

Closes work session on SB112A.  Opens public hearing on SB 115A.

SB 115A PUBLIC HEARING

216

Craig Prins

Committee Counsel.  Explains SB 115A provides that rules of evidence do not apply at shelter hearing.

220

Michael Livingston

Department of Justice.  Testifies in support of SB 115A and submits written testimony (EXHIBIT C). 

310

Livingston

Continues presentation.

320

Rep. Krummel

States the language is broad.

370

Livingston

Explains the hearing is not to decide whether court has jurisdiction.  The hearing is to decide whether child needs protection before the hearing.

TAPE 189, A

017

Chair Williams

Refers to ORS 40.150 and relative evidence.

028

Livingston

Explains this shelter care hearing is not the only hearing on shelter care before the jurisdictional petition hearing.

036

Chair Williams

Asks about the juvenile work group’s decisions on level of evidence by the Oregon Law Commission.

038

Livingston

Answers he was not a member of that work group.

044

Chair Williams

Closes public hearing on SB 115A. Opens work session on SB 115A.

SB 115A WORK SESSION

060

Rep. Prozanski

MOTION:  Moves SB 115A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Jenson, Macpherson, Shetterly

062

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP.  WILLIAMS will lead discussion on the floor.

080

Chair Williams

Closes work session on SB 115A. Opens public hearing on SB 117.

SB 117 PUBLIC HEARING

084

Craig Prins

Committee Counsel.  Explains SB 117 which expands Department of Justice Client Trust Account to include all moneys Department of Justice receives on behalf of persons and agencies.

087

Jim Lamka

Department of Justice (DOJ).  Testifies in support of SB 117 and submits testimony (EXHIBIT D).

112

Chair Williams

Closes public hearing on SB 117.  Opens work session on SB 117.

SB 117 WORK SESSION

114

Rep. Prozanski

MOTION:  Moves SB 117 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

116

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ANDERSON will lead discussion on the floor.

117

Chair Williams

Closes work session on SB 117.  Opens public hearing on SB 122.

SB 122 PUBLIC HEARING

120

Craig Prins

Committee Counsel.  Explains SB 122 which expands crime of robbery in third degree to include activities relating to unauthorized use of vehicle.

132

Erik Wasmann

Department of Justice (DOJ).  Testifies in support of SB 122 and submits testimony (EXHIBIT E).

167

Rep. Prozanski

Asks if property is taken by force, for instance shoplifting, and then abandoned, is that an issue.

200

Wasmann

Answers it is not, because vehicles are different.

205

Chair Williams

Refers to ORS 164.135 “vehicle” is defined.

210

Chair Williams

Closes public hearing on SB 122.  Opens work session on SB 122.

SB 122 WORK SESSION

215

Rep. Prozanski

MOTION:  Moves SB 122 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

216

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

217

Chair Williams

Closes work session on SB 122, and opens public hearing on SB 123.

SB 123 PUBLIC HEARING

220

Craig Prins

Committee Counsel.  Explains SB 123 which allows court to impanel alternate jurors in misdemeanor case.

222

Jonathan Fussner

Department of Justice (DOJ). Testifies in support of SB 123 and submits testimony (EXHIBIT F).

260

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in support of SB 123. 

275

Ann Christian

Oregon Judicial Department.  Explains there is no fiscal impact.  

290

Chair Williams

Closes public hearing on SB 123. Opens work session on SB 123.

SB 123 WORK SESSION

365

Rep. Macpherson

MOTION:  Moves SB 123 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

366

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

367

Chair Williams

Closes work session on SB 123.  Adjourns meeting at 2:05 pm.

 

 

EXHIBIT SUMMARY

 

A –HB 2156-2 amendments, staff, 2 pp

B – SB 112A, written testimony, Connie Gallagher, 1 p

C – SB 115A, written testimony, Michael Livingston, 2 pp

D – SB 117, written testimony, Jim Lamka, 1 p

E – SB 122, written testimony, Erik Wasmann, 4 pp

F – SB 123, written testimony, Jonathan Fussner, 1 p