HOUSE COMMITTEE ON JUDICIARY

 

 

May 22, 2003 Hearing Room 357

1:00 pm Tapes 204 - 205

 

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:

SB 18A Work Session

                                                SB 348A Public Hearing

                                                SB 628A Public Hearing and Work Session

                                                SB 426 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   204, A

006

Chair Williams

Opens meeting at 1:25 p.m.  Opens work session on SB 18A.

SB 18A WORK SESSION

010

Bill Taylor

Committee Counsel.  Explains SB 18A which directs Department of Human Services to ensure that designee conducting investigation of alleged abuse of mentally ill or developmentally disabled adult receives training and consultation necessary to conduct thorough and unbiased investigation.

012

Chair Williams

Asks if the A-4 amendments (EXHIBIT A) are agreed to by all parties.

015

Bob Joondeph

Oregon Advocacy Center. Answers that is correct.

020

Gina Firman

Director, Association of Community Mental Health Programs. Testifies in support of SB 18A. 

025

Eva Kutas

Department of Human Services (DHS). Testifies in support of SB 18A with the -4 amendments.

030

Rep. Prozanski

MOTION:  Moves to ADOPT SB 18A-4 amendments dated 5/20/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

031

Chair Williams

Hearing no objection, declares the motion CARRIED.

032

Rep. Prozanski

MOTION:  Moves SB 18A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

032

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. JENSON will lead discussion on the floor.

033

Chair Williams

Closes work session on SB 18A and opens public hearing on SB 348A.

SB 348A PUBLIC HEARING

061

Craig Prins

Committee Counsel. Explains SB 348A which increases maximum fine for driving under influence if a child is passenger in vehicle.

069

Erik Van Hagan

Legislative Aide to Senator Metsger, Senate District 26. Testifies in support of SB 348A.

104

Rep. Prozanski

Asks about potential to eliminate the diversion option.

110

Van Hagan

Reiterates restrictions in bill.

113

Rep. Prozanski

Discusses the ramification of modifying the diversion policy and the adverse impact on single parents.

130

Rep. Jenson

Comments on the issue of 3 years younger; concern is with lack of diversion programs.

140

Prins

Comments that the diversion piece was in a different bill.

150

Rep. Jenson

Comments on provision for the diversion program.

160

Chair Williams

Asks what is the committee’s sense of no diversion.

163

Van Hagan

Replies that this is an amalgamation of two bills; states the seriousness of the issue.

178

Prins

Recalls it was considering an aggravating factor. This would fit into the category of recklessly endangering.

184

Rep. Barker

States it is important to give the impression that it is serious behavior.

190

Chair Williams

Discusses diversion programs related to the seriousness of the crime.

195

Rep. Shetterly

Emphasizes importance of a first offender getting into a program of diversion. 

230

Rep. Prozanski

Comments on success of diversion programs.

250

Prins

Recalls 60 percent complete diversion successfully.

262

Rep. Anderson

Asks why the fines went from $1,000, $1,500, $2,000 and then $10,000.

266

Van Hagan

Explains how rates were determined based on other states.

280

Rep. Prozanski

Explains the higher maximum fines and how the court has discretion.

282

Rep. Shetterly

Refers to defining mandatory fines in the bill.

299

Chair Williams

States that the maximum is up to $10,000.

332

Prins

Points out ORS 161.635 which explains the maximum fine for a misdemeanor is $5,000.

336

Chair Williams

Discusses how the bill would affect amount of fines. Asks what the intent was.

357

Van Hagan

Replies it was to have an additional $10,000 for the infraction of driving under the influence with children as passengers.

362

Rep. Jenson

Asks about maximum fine for a second offense as $11,500.

370

Rep. Krummel

Refers to line 11. Asks if DUII can be issued other than in motor vehicles. Refers to page 3, line 3.

380

Rep. Prozanski

Discusses other types of DUII charges.

TAPE 205, A

004

Van Hagan

Agrees to amendments on diversion.

015

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in part opposition to SB 348A.  Concern is with the diversion aspect. Discusses the counterproductive aspects of the bill. Success of diversion programs is reported to be 70 percent statewide.  

055

Chair Williams

Asks what the definition of “success” in these diversion programs is.

060

Russell

Replies “success” means they completed the program, which is lengthy. Discusses results of diversion programs.

067

Rep. Barker

States diversion is better than probation, especially the first time.

075

Chair Williams

Questions page 2, the fine amounts; is $10,000 aggregated with earlier conviction amounts, or is the $10,000 a maximum amount given the aggravating factors; $1,500 second conviction and up to $10,000.

088

Virginia Vanderbilt

Legislative Counsel. Clarifies subsection 7 that $10,000 would be the maximum amount imposed.  Mentions ORS 161.635 which says $5,000 maximum fine for a Class A misdemeanor.

110

Rep. Shetterly

Refers to ORS 161.635 which establishes a misdemeanor fine.

112

Vanderbilt

Replies she believes not; the purpose of subsection 7, the court has to impose a minimum of these amounts.

120

Rep. Prozanski

Asks if subsection 7 should be before subsection 6 for clarity.

125

Vanderbilt

Discusses the sections.

150

Chair Williams

States that if it would be a policy position to put the $1,500 plus an additional $10,000, the language would need amending.

154

Rep. Jenson

States he wants more specific language.

160

Russell

Speaks about the diversion program; discusses considerations such as injury due to driving, minor passengers, and general discretion of the court.

190

Chair Williams

Asks the committee for clarification on amendments, and asks for direction on the amount of the fine.

195

Rep. Krummel

States a maximum of $10,000 as opposed to additions by discretion of the court.

199

Rep. Barker

Agrees that a maximum amount should be stated.

205

Rep. Prozanski

Suggests a minimum figure, too.

210

Chair Williams

Asks for new clarifying draft from Legislative Counsel.

215

Chair Williams

Closes public hearing on SB 348A and opens public hearing on SB 628A.

 

SB 628 A PUBLIC  HEARING

220

Craig Prins

Committee Counsel.  Explains SB 628A which expands disclosure of records compiled pursuant to child abuse report.

230

Scott Taylor

Assistant Director, Department of Corrections (DOC).  Testifies in support of SB 628A and submits (EXHIBIT B). Explains conditions that hinder gathering information.

255

Rep. Krummel

Asks if a child abuse suspect can view their records.

260

Taylor

Answer he does not know.

262

Prins

Answers that a police agency would not allow that. Answers the Department of Human Services (DHS), the answer is also, no; those records are confidential.

285

Rep. Krummel

Asks how someone can get information on what he is charged with.

290

Prins

Answers DHS has the confidential records.  DHS does not investigate child abuse for purpose of prosecution; law enforcement does that. After the case is closed, law enforcement might disclose the records.

295

Chair Williams

Asks if there were Senate issues.

298

Taylor

Replies there were some changes that have been addressed.

329

Rep. Krummel

Discusses the problem of a suspected child abuser who is innocent and who does not have access to accusatory records.

300

Chair Williams

Suggests Rep. Krummel discuss with Susan Russell what kinds of documentation is available to suspected abusers.

301

Chair Williams

Closes public hearing on SB 628A and opens work session on SB 628A.

SB 628A WORK SESSION

328

Rep. Prozanski

MOTION:  Moves SB 628A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Ackerman, Macpherson, Shetterly

335

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

340

Chair Williams

Closes work session on SB 628A.  Opens public hearing on SB 426.

SB 426 PUBLIC HEARING

TAPE 204, B

020

Craig Prins

Committee Counsel.  Explains SB 426 which expands crime of assault in third degree.

030

Susan Schneider

City of Portland.  Testifies in support of SB 426 and submits testimony (EXHIBIT C).  Describes parking patrol deputies’ experiences with hostile citizens.

045

Rep. Prozanski

Asks about charges of harassment, not assault, and asks how often does physical injury occur.

053

Schneider

Answers she does not have numbers, however, there are occasional injuries to the deputies.

060

Rep. Krummel

Asks about collecting meter money, and if that would fall under SB 426.

065

Schneider

Replies that is not the intent of this bill.

068

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 426. Explains prosecution process and elevating this behavior to a felony is not appropriate.

080

Chair Williams

Closes public hearing on SB 426. Adjourns meeting at 2:29 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 18A-4 amendments, staff, 1 p

B – SB 628A, written testimony, Scott Taylor, 2 pp

C – SB 426, written testimony, Susan Schneider, 2 pp