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