HOUSE COMMITTEE ON JUDICIARY

 

 

May 21, 2003 Hearing Room 357

1:00 p.m. Tapes  202 - 203

 

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:                  Bill Taylor, Counsel

Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 617A Public Hearing and Work Session

                                                HB 2390 Work Session

                                                SB 65 Work Session

                                                SB 59 Work Session

                                                SB 882A 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 202, A

003

Chair Williams

Calls the meeting to order at 1:40 p.m. Opens a public hearing on SB 617A.

SB 617A PUBLIC HEARING

018

Rep. Billy Dalto

Representative, House District 21. Testifies in support of SB 617A.

027

Erica Davis

Crime Victim. Testifies in support of SB 617A which requires restitution in all cases in which victim suffers injury, loss or damage.

111

Rep. Dalto

Says that it was very important to allow Ms. Davis to testify and tell her story.

141

Vice Chair Anderson

Asks if the driver was uninsured.

144

Davis

Answers that she had liability insurance only.

150

Rep. Prozanski

Wonders why Ms. Davis could not enforce this judgment.

169

Davis

Says that it is a civil money judgment.

177

Fred Boss

Assistant Attorney General, Department of Justice. Addresses certain questions by committee.

238

Rep. Prozanski

Asks where restitution is in the formula for payments.

259

Boss

Answers that restitution is number 2 and is split 50/50.

269

Rep. Prozanski

Asks if they need to make a policy decision so a crime victim can pursue a judgment on their own.

275

Boss

Says yes, that is a policy decision they can make. Discusses Colorado’s policy decision.

294

Vice Chair Ackerman

Wonders if it is a money judgment. Asks what their intent is.

306

Boss

Says it is their intent to have it as part of the money judgment and to be fully enforceable as a civil money judgment would be.

311

Vice Chair Ackerman

Asks if they are avoiding any consequence of the joint and severable liability rules.

320

Boss

Says that he does not know, but can find out.

305

Rep. Shetterly

Asks if a victim can initiate a judgment debtor examination.

339

Boss

Answers, no.

347

Rep. Shetterly

Asks if the victim can obtain writ of execution.

350

Boss

Says, no.

354

Connie Gallagher

Department of Justice, Crime Victims Assistance Section. Says that Ms. Davis’s case illustrates problems throughout the system.

390

Rep. Shetterly

Asks if criminal judgment for restitution is good for 10 years and can it be renewed for 10 years.

393

Boss

Answers that it has a 20-year life that’s nonrenewable.

398

Rep. Shetterly

Asks how that relates to the expungment statutes.

405

Boss

Answers that it stays on the records for 20 years.

415

Bradd Swank

Special Counsel, Government Relations, State Court Administrator’s Office. Testifies on SB 617A.

TAPE 203, A

012

Swank

Continues his testimony on SB 617A.

040

Rep. Prozanski

Asks about Ms. Davis’s situation.

044

Swank

Says that he does not know the status of her individual judgment.

055

Rep. Prozanski

Asks if the judgment didn’t expire within the 15 years, then could someone in a similar situation go to the courts for collection.

060

Swank

Says, yes, now they have that capability and explains.

085

Chair Williams

Closes the public hearing on SB 617A and opens a work session.

SB 617A WORK SESSION

091

Rep. Prozanski

MOTION:  Moves SB 617A to the floor with a DO PASS recommendation.

100

Rep. Shetterly

Says that he will not support the motion and explains.

123

Rep. Prozanski

Says that he is going to withdraw his motion.

127

Rep. Jenson

Says that he will vote no and has concerns.

136

Vice Chair Anderson

Asks Rep. Shetterly if this would be covered by insurance.

140

Rep. Shetterly

Answers typically, no, one would not have insurance coverage to pay.

145

Vice Chair Anderson

Wonders if the victim will be compensated for.

150

Rep. Shetterly

Says that he is not arguing against accountability, but says that he doesn’t think there is a need to make a second victim.

167

Vice Chair Anderson

Asks Rep. Shetterly if he thinks that the bill is written so strictly that it cannot be obtained.

169

Rep. Shetterly

Says, yes, the only discretion in the bill is a payment schedule.

183

Vice Chair Ackerman

States that we have come a long way on victim’s rights since this moment.

197

Chair Williams

Says that he recommends the attorney general and members of the task force and committee work amendments.

213

Rep. Macpherson

Says that he sees the restitution obligation as a moral statement by society to the perpetrator as to what damage they caused. Urges that they not lose track of that objective.

233

Rep. Krummel

Comments that he would have supported the bill in its current form, but not the –A2 amendments (EXHIBIT E). Says that he is outraged by the acts committed on these victims and thinks that they need to pay for their actions.

304

Chair Williams

Closes the work session on SB 617A and opens a work session on HB 2390.

HB 2390 WORK SESSION

290

Bill Taylor

Committee Counsel. Introduces HB 2390 which prohibits all restrictions in noncompetition agreements in broadcasting industry other than 30-day restriction on employee’s service in broadcasting industry after termination of employment. Discusses –5 amendments and says that they will become the bill (EXHIBIT A).

327

Dave Fiskum

Oregon Association of Broadcasters. States that they do not support the –5 amendments.

354

Rep. Mark Hass

House District 27. Testifies on HB 2390. Says that they have reservations on the –5 amendments.

380

Rep. Macpherson

Wants to understand the –5 amendments. Asks for the significant changes.

386

Chair Williams

Explains the changes and the compromises.

430

Rep. Jenson

Asks if there is a retroactivity portion to the bill.

436

Chair Williams

Points out section 2 of the bill. Says it would not impact current contracts.

TAPE 202, B

005

Rep. Jenson

Asks if this affects an individual after the date the bill becomes law.

011

Chair Williams

Answers that it would only affect contracts made after the date the bill becomes law.

015

Rep. Shetterly

Wonders why we are creating a special exemption for the broadcast industry.

027

Chair Williams

Responds that there will eventually have to be a standard set by court decisions.

048

Rep. Macpherson

Says that he supports the bill because he thinks that a move away from noncompetition agreements is good public policy.

061

Rep. Krummel

Says that he will not support the bill.

072

Vice Chair Ackerman

MOTION:  Moves to ADOPT HB 2390-5 amendments dated 05/12/03.

 

 

VOTE:  9-0

074

Chair Williams

Hearing no objection, declares the motion CARRIED.

083

Rep. Ackerman

MOTION:  Moves HB 2390 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-1-1

AYE:               7 - Ackerman, Anderson, Barker, Jenson, Prozanski, Shetterly, Williams

NAY:               1 - Krummel

EXCUSED:     1 - Macpherson

080

Chair Williams

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

089

Chair Williams

Closes the work session on HB 2390 and opens a work session on SB 65.

SB 65 WORK SESSION

097

Craig Prins

Committee Counsel. Introduces SB 65 which modifies crime of sexual assault of animal. Discusses the -1 amendments (EXHIBIT B).

106

Rep.Rob Patridge

Representative, House District 6. Testifies in support of SB 65 and the -1 amendments.

125

Chair Williams

Explains the bill and the particular case in Southern Oregon.

138

Rep. Jenson

Believes that these people have mental illnesses and will not be effectively treated as criminals.

146

Rep. Patridge

Says that this whole statute has to do with people that have mental illnesses.

162

Chair Williams

Discusses the bill.

177

Rep. Jenson

Points out his concerns. Thinks that we fail to deal with the problem on the level that he believes it should be dealt with.

212

Rep. Krummel

MOTION:  Moves to ADOPT SB 65-1 amendments dated 05/15/03.

 

 

VOTE:  9-0

214

Chair Williams

Hearing no objection, declares the motion CARRIED.

218

Rep. Krummel

MOTION:  Moves SB 65 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  9-0

222

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PATRIDGE will lead discussion on the floor.

231

Chair Williams

Closes the work session on SB 65 and opens a work session on SB 59.

 

SB 59 WORK SESSION

233

Craig Prins

Committee Counsel. Introduces SB 59 which extends period during which forfeiture counsel must file criminal information or indictment for criminal forfeiture. Discusses the -2 and -3 amendments (EXHIBITS C & D).

278

Rep. Prozanski

Explains the differences between the -2 and -3 amendments.

312

Rep. Krummel

Asks what the department would do with the weapons.

318

Rep. Prozanski

Explains that they have several choices.

353

Rep. Barker

Discusses what the Portland police have done with these weapons.

365

Daina Vitolins

Assistant Attorney General, Department of Justice. Talks about the amendments and the discussion with the Asset Forfeiture Committee.

406

Rep. Jenson

Says that he will probably oppose the bill because he doesn’t understand why they can’t re-use these weapons.

436

Chair Williams

Discusses the reason that they don’t want the weapon that was used in a crime back in circulation.

TAPE 203, B

010

Rep. Prozanski

Explains that this is an exception to the forfeiture rules.

042

Rep. Prozanski

MOTION:  Moves to ADOPT SB 59-3 amendments dated 05/20/03.

 

 

VOTE:  9-0

043

Chair Williams

Hearing no objection, declares the motion CARRIED.

044

Rep. Prozanski

MOTION:  Moves SB 59 to the floor with a DO PASS AS AMENDED recommendation.

045

Rep. Jenson

Decides that he will support the bill after the discussion.

047

 

VOTE:  9-0

050

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

052

Chair Williams

Closes the work session on SB 59 and opens a work session on SB 882A.

SB 882A WORK SESSION

054

Craig Prins

Committee Counsel. Introduces SB 882A which authorizes presiding judge of twenty-second judicial district to enter into memorandum of understanding with Confederated Tribes of Warm Springs regarding adjudication and disposition of youths and youth offenders.

072

Rep. Jenson

MOTION:  Moves SB 882A to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

078

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

080

Chair Williams

Closes the work session on SB 882A and adjourns the committee at 3:05 p.m.

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 2390, -5 amendments, submitted by staff, dated 5/21/03, 4 pgs.

B – SB 65, -1 amendments, submitted by staff, dated 5/15/03, 1 pg.

C – SB 59, -2 amendments, submitted by staff, dated 5/14/03, 8 pgs.

D – SB 59, -3 amendments, submitted by staff, dated 5/20/03, 8 pgs.

E – SB 617A, -2 amendments, submitted by staff, dated 5/16/03, 1 pg.