HOUSE COMMITTEE ON JUDICIARY

 

 

May 19, 2003 Hearing Room 357

1:00 p.m. Tapes  197 - 198

 

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 47 Public Hearing and Work Session

                                                SB 189A Public Hearing

                                                SB 304 Public Hearing and Work Session

                                                SB 19A Work Session

                                                SB 269 Public Hearing

 

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 197, A

003

Chair Williams

Calls the meeting to order at 1:14 p.m. Opens a public hearing on SB 47.

SB 47 PUBLIC HEARING

015

Paul Snider

Association of Oregon Counties. Submits testimony and testifies in support of SB 47 which delays imposition of interest on criminal judgments until July 1, 2007 (EXHIBIT A).

051

Bradd Swank

Special Counsel for Government Relations for State Court Administrator’s Office. Testifies in support of SB 47.

060

Chair Williams

Closes the public hearing on SB 47 and opens a work session.

SB 47 WORK SESSION

061

Rep. Macpherson

MOTION:  Moves SB 47 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Krummel, Prozanski, Shetterly

064

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

071

Chair Williams

Closes the work session on SB 47 and opens a public hearing on SB 189A.

SB 189A PUBLIC HEARING

074

Craig Prins

Committtee Counsel. Introduces SB 189A which creates offense of organizing speed racing event. Discusses SB 90A which is the other bill relating to speed racing (EXHIBIT B).

091

Troy Costales

Manager of the Transportation Safety Division, Oregon Department of Transportation. Submits testimony and testifies in support of SB 189A (EXHIBIT C).

122

Earl Ray (Smokey) Mainwaring

School Bus driver. Represents Families Against Speeding Drivers (FASD). Testifies in support of SB 189A.

155

Mark Landauer

City of Portland, Government Relations. Testifies in support of SB 189A.

181

Rep. Krummel

Says he is concerned with legal races that take place on public roads. Wonders how this bill will affect those races.

192

Landauer

Says that this bill deals with the highways of Oregon.

204

Rep. Krummel

Explains that he wants to make sure that grand prix type organized races are not illegal.

212

Costales

Explains that SB 189A refers back to the current law of  street racing and speed racing which rules out the situation he is referring to.

218

Vice Chair Ackerman

Wonders if an organizer of a speed racing event is more culpable than a participant.

225

Landauer

Answers that the current penalty of a speed racer is a class A traffic infraction. Adds that they decided that organizers of these events should be held to a higher standard.

248

Vice Chair Ackerman

Asks why they are limiting these races to highways and is the definition of highway too narrowly drafted.

258

Costales

Answers that they decided to limit it to any highway. Explains definition of highway.

279

Chair Williams

Comments that highway is defined in ORS 801.305.

285

Rep. Prozanski

Stresses that there could be an exception built into the bill to allow grand prix races.

298

Landauer

Says that they will address this problem if SB 90 and SB 189A start to move.

305

Chair Williams

Talks about fiscal.

338

Rep. Barker

Asks about the definition of a person organizing a race.

344

Costales

Answers that it would be up to the officer to decide the penalty.

351

Chair Williams

Closes the public hearing on SB 189A and opens a public hearing on SB 304.

SB 304 PUBLIC HEARING

370

Craig Prins

Committee Counsel. Introduces SB 304 which expands bases for waiving youth to be prosecuted as adult.

390

Al French

Senior Deputy District Attorney. Oregon District Attorneys Association. Testifies in support of SB 304.

413

Chair Williams

Asks for a hypothetical situation in regards to this bill.

420

French

Gives examples.

TAPE 198, A

018

Susan Russell

Oregon Criminal Defense Lawyers Association. Testifies in support of SB 304.

035

Chair Williams

Questions their positions on the -1 amendments (EXHIBIT D).

043

Julie McFarlane

Juvenile Rights Project. Testifies in support of SB 304.

072

Rep. Krummel

Asks what would make the state stipulate to the waiver.

078

McFarlane

Answers that perhaps the idea that they are getting a more severe consequence because it is an adult adjudication.

085

Rep. Krummel

Wonders if a prosecutor ever does not stipulate to waiver.

100

McFarlane

Says that they can do that, but she has never had a district attorney refuse to stipulate to waiver.

107

Rep. Barker

Asks if the amendments only limit this to Measure 11 crimes.

110

McFarlane

Answers, that is correct.

112

Chair Williams

Says he would be interested in a response regarding when waiving up is not good.

125

French

Responds that they would need to rely on the district attorneys using  good discretion. Shares his concerns about the -1 amendments.

158

Russell

Comments that they are talking about very serious cases.

185

Chair Williams

Asks if the judge has the discretion to not let the waiver go forward.

200

McFarlane

Answers, yes, the judge does have the discretion, but rarely turns a waiver down.

225

Vice Chair Ackerman

Asks if you wanted to stipulate to a waiver would it still require a hearing and a court inquiry.

234

McFarlane

Answers, no, in her experience there is a written or oral stipulation.

239

Vice Chair Ackerman

Says that he thinks there is a problem of statutory construction.

253

McFarlane

Comments that she would agree with him.

263

Chair Williams

Asks if they can address the issue of the hearing component. Asks if they have to have a hearing in front of a judge for these to be effective.

284

Russell

States that in her experience you can waive the hearing.

386

Prins

Ask for them to explain how Measure 11 crimes are handled in adult court.

305

Russell

Discusses what happens when a juvenile is charged with a Measure 11 crime.

373

Rep. Prozanski

Asks if a youth that committed a Measure 11 crime would be serving time in an adult facility.

384

McFarlane

Answers that they are talking about a waiver so the provisions that cover Measure 11 would not apply.

396

Vice Chair Anderson

Closes the public hearing on SB 304 and opens a work session.

SB 304 WORK SESSION

410

Rep. Krummel

MOTION:  Moves SB 304 to the floor with a DO PASS recommendation.

415

Rep. Krummel

Comments on bill.

435

 

VOTE:  6-0-3

EXCUSED:  3 - Macpherson, Shetterly, Williams

438

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

442

Chair Williams

Closes the work session on SB 304 and opens a work session on SB 19A.

SB 19A WORK SESSION

TAPE 197, B

009

Craig Prins

Committee Counsel. Introduces SB 19 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 the –A4 and the –A2 amendments (EXHIBITS E & F).

033

Timothy Travis

Oregon Judicial Department. Says that they are in support of the        A–Engrossed bill and the –A4 amendments.

105

Julie McFarlane

Juvenile Rights Project. Says that the bill is too broadly drafted to address the issues. Discusses the -A2 amendments that they are proposing.

133

Prins

States that the -A4’s supercede the -A3 amendments (EXHIBIT G).

138

Rep. Prozanski

Asks Mr. Travis about the –A2 amendments.

144

Travis

Explains that they had a lengthy debate about the constitutional issues of the bill. Says that they are not violating a youth’s constitutional rights.

172

McFarlane

Says that there is no case law that allows for a youth to be transferred to an adult setting without a jury trial.

195

Rep. Prozanski

Asks if counsel could check with Legislative Counsel regarding this issue.

202

Rep. Krummel

Asks if the –A2 amendments take the bill back to the original form of SB 19.

207

McFarlane

Answers no because the original bill also contained a provision allowing for the placement of juveniles who had reached their 18th birthday in adult jails.

216

Rep. Krummel

Comments on the –A2 amendments.

227

McFarlane

Says that they need to clarify some issues on the bill.

244

Travis

Says that they would still like the –A4 amendments.

267

Prins

Asks Ms. McFarlane how she feels about the work group’s ideas.

275

McFarlane

Explains that they have always taken the position that they oppose the idea of putting 18 year olds who were adjudicated within the juvenile court in adult lock-ups.

297

Vice Chair Anderson

Closes the work session on SB 19 and opens a public hearing on SB 269.

SB 269 PUBLIC HEARING

303

Bill Joseph

Committee Counsel. Introduces SB 269 which prohibits employees of Office of Emergency Management from striking or recognizing picket line.

317

Mary Botkin

American Federation of State, County and Municipal Employees (AFSCME) Council 75. Testifies in support of SB 269.

359

Ken Murphy

Oregon Emergency Management. Testifies as neutral on SB 269. Expresses his concerns.

397

Vice Chair Anderson

Closes the public hearing on SB 269. Adjourns the meeting at 2:30 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 47, written testimony, submitted by Paul Snider, 1 pg.

B – SB 90A, A-Engrossed bill, submitted by staff, 10 pgs.

C – SB 189A, written testimony, submitted by Troy Costales, 1 pg.

D – SB 304, -1 amendments, submitted by staff, 1 pg.

E – SB 19A, -A4 amendments, submitted by staff, 3 pgs.

F – SB 19A, -A2 amendments, submitted by staff, 1 pg.

G – SB 19A, -A3 amendments, submitted by staff, 3 pgs.