HOUSE COMMITTEE ON JUDICIARY

 

 

June 12, 2003 Hearing Room 357

1:00 pm Tapes 221 - 222

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Gordon Anderson, Vice-Chair

Rep. Bob Jenson

Rep. Jerry Krummel

 

STAFF PRESENT:                  Craig Prins, Counsel

Nancy Massee, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 24A Public Hearing

                                                SB 308A 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 221, A

005

Chair Williams

Opens meeting at 1:35 pm.  Opens public hearing on SB 24A.

SB 24A PUBLIC HEARING

012

Katy King

Health Services, Department of Human Services (DHS), testifying for Dr. Grant Higginson. Testifies in support of SB 24A which creates crime of unlawful development, manufacture, delivery, possession or use of harmful substance, toxin or delivery system.

031

Rep. Macpherson

Says the language in the bill is very broad.  Asks what is there that is criminally vital in the bill related to chemical toxins as opposed to what most people keep in their homes.

048

Craig Prins

Committee Counsel.  Refers to page 2, line 2. Describes the anthrax scare at the Capitol after the September 11 disaster in New York. Describes hoaxes that threaten populations.   

065

Rep. Macpherson

Asks if the thrust is to expand the scope of destructive devices and include biological substances.

068

Prins

Explains purpose is not to expand destructive device but to allow for prosecution of possession, delivery or development of these types of substances or delivery systems, if the conscious objective is to harm a person or animal. It does allow prosecution of a hoax.

081

Chair Williams

Closes public hearing on SB 24A. Opens public hearing on SB 308A.

SB 308A PUBLIC HEARING

120

Mike Dugan

District Attorney, Deschutes County. Oregon District Attorneys Association (ODAA). Testifies in support of SB 308A which prohibits disclosure of personal financial information of victims and witnesses to defendants in criminal cases.  Explains the -2 amendments submitted by staff (EXHIBIT A).

135

Rep. Prozanski

Asks about preparing a defense.

140

Dugan

Answers about financial information being presented in defense.

164

Prins

Explains “identity theft” and personal identification, ORS 165.800(4b).

170

Rep. Shetterly

States this bill discusses personal financial information.

175

Kelley Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 308A because of the potential financial impact. Disagrees with the “minimal” fiscal impact.

195

Rep. Shetterly

Refers to subsection 2(a). Asks where restriction falls, is it if they do not have a lawyer.

200

Prins

Refers to page 2, line 10. 

212

Ann Christian

Director, Indigent Defense Services Division. Testifies as neutral on SB 308A. Discusses the fiscal impact. Discusses additional legal assistants would be needed.

254

Chair Williams

Asks what the relationship is between the length of the list of information and the fiscal impact, and suggests the list could be limited.

TAPE 222, A

003

Rep. Barker

Asks what kinds of costs are there in one identity theft case.

005

Dugan

Responds about losses and credit rating destruction.

012

Chair Williams

Asks about definition of personal financial information.

020

Dugan

Answers that all that information is not included in every report. Suggests consistency with identity theft statutes.

030

Chair Williams

Suggests leaving out “financial” and just having “personal.”

049

Rep. Barker

So you are saying just say “personal information.”

053

Chair Williams

Answers that would be less confusing, yes.

056

Christian

Refers to the social impact of the bill. The bottom line effort is to prevent personal information from being abused by those individuals who should not have it.  Discusses future of electronic information that would take less time.

079

Dugan

States the ODAA does not want shifting costs. Agrees that electronic communication is coming.

087

Chair Williams

Comments that some DA’s offices do redacting now.

100

Skye

Suggests two copies being made; one with the full information and one with redacting.

119

Rep. Prozanski

Says this is not cost shifting because it is a new procedure.

134

Chair Williams

Says ultimately the responsibility is placed on whoever has the final obligation.

149

Dugan

Explains the prosecutor’s duty to supply a complete copy to defense. Comments on liability.

174

Chair Williams

Refers to the amendments.

179

Prins

Explains the –A2 amendments which deal with statute of limitations of 8 years for specific crimes.

200

Rep. Macpherson

Refers to Racketeer Influenced and Corrupt Organization (RICO) statutes.

205

Rep. Shetterly

Says these crimes are already in the RICO statutes.

220

Rep. Prozanski

Discusses whether special statutes of limitations should be set up for these types of crimes. Suggests the Oregon Law Commission or an interim group look at the Statute of Limitations and Criminal Code which has not been updated since 1971.

227

Rep. Barker

Discusses rationale of this bill compared to RICO cases.

242

Chair Williams

Asks if the committee is supportive of the bill and amendments. Suggests conceptual amendment.

244

Committee

Discusses amending SB 308A.

TAPE 221, B

018

Chair Williams

Closes public hearing on SB 308A, and opens work session.

SB 308A WORK SESSION

019

Rep. Shetterly

MOTION:  Moves to ADOPT SB 308A-2 amendments dated 6/9/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Jenson, Krummel

020

Chair Williams

Hearing no objection, declares the motion CARRIED.

021

Rep. Shetterly

MOTION:  Moves to conceptually AMEND SB 308A on page 1, in line 27, strike "financial"; the same on page 2, line 2; on page 2, line 4; page 2, line 12; page 2, line 22; and following the word “includes” strike the comma, and the words "but is not limited to,"; and line 23 strike "financial."

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Jenson, Krummel

025

Chair Williams

Hearing no objection, declares the motion CARRIED.

026

Rep. Shetterly

MOTION:  Moves SB 308A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Anderson, Jenson, Krummel

030

Chair Williams

Hearing no objection, declares the motion CARRIED.

035

Chair Williams

Closes work session on SB 308A and adjourns meeting at 2:34 pm.

 

EXHIBIT SUMMARY

 

A – SB 308A-2 amendments, staff, 4 pp