HOUSE COMMITTEE ON JUDICIARY

 

 

July 02, 2003 Hearing Room 357

1:00 p.m. Tapes  232 - 233

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

MEMBER EXCUSED:            Rep. Jerry Krummel

 

STAFF PRESENT:                  Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 108 Work Session

                                                SB 342 Work Session

                                                SB 609A Work Session

SB 613A 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 232, A

004

Chair Williams

Calls the meeting to order at 1:10 p.m. Opens a work session on SB 108.

SB 108 WORK SESSION

010

Craig Prins

Committee Counsel. Introduces SB 108 which authorizes fine of up to $300,000 upon conviction of murder or aggravated murder. Talks about the -1 and -3 amendments (EXHIBITS A & B).

043

Chair Williams

Discusses the -3 amendments that were at the request of the Governor’s Office.

081

Rep. Shetterly

Wonders if they have to refer the bill to Ways and Means.

086

Rep. Prozanski

Comments on bills needing to be referred to Ways and Means.

093

Rep. Jenson

Explains his -1 amendments.

115

Rep. Prozanski

Questions the -1 amendments and the proposed $1,000,000 fine.

124

Prins

Talks about high profile case in Multnomah County.

136

Rep. Jenson

Recognizes that they would be setting precedence with the -1 amendments. States that he knows there have been many cases in the last several years in which the defendants were wealthy and could pay a $1,000,000 fine.

151

Rep. Shetterly

Asks if the court wanted to impose more than a $300,000 fine in the Multnomah County case.

155

Prins

Says that he doesn’t know.

166

Kelly Skye

Oregon Criminal Defense Lawyers Association. Says that they object to the -1 amendments.

171

Rep. Shetterly

Says that a fine is appropriate for murder and aggravated murder. Asks Rep. Jenson if he would compromise for $500,000 in his amendments instead of $1,000,000.

193

Rep. Jenson

Answers that he would accept that.

210

Rep. Shetterly

MOTION:  Moves to CONCEPTUAL AMEND SB 108-1 amendments dated 05/13/03 by deleting $1,000,000 on line 2, page 1 and inserting $500,000.

211

Rep. Barker

Says that he is satisfied with $1,000,000, but will not vote against this amendment.

212

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

213

Chair Williams

Hearing no objection, declares the motion CARRIED.

215

Rep. Shetterly

MOTION:  Moves to ADOPT SB 108-1 amendments dated 05/13/03 AS CONCEPTUALLY AMENDED.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

218

Chair Williams

Hearing no objection, declares the motion CARRIED.

223

Rep. Shetterly

MOTION:  Moves SB 108 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

230

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

244

Chair Williams

Closes the work session on SB 108 and opens a work session on SB 342.

SB 342 WORK SESSION

246

Craig Prins

Committee Counsel. Introduces SB 342 which provides that for purposes of crime of possession of controlled substance person possesses controlled substance if person intentionally consumes controlled substance and certain other circumstances are present. Discusses the -1, -2 and -3 amendments (EXHIBITS C-E). Talks about State vs. Slovik Case (EXHIBIT F).

396

Brian DeLashmutt

Oregon Council of Police Associations. Testifies in support of SB 342 and the -2 amendments.

TAPE 233, A

016

Officer Craig Durbin

Oregon State Police. Testifies in support of SB 342.

035

Rep. Prozanski

Discusses the -1 amendments.

081

Chair Williams

Asks Mr. DeLashmutt and Officer Durbin about the -1 amendments.

090

DeLashmutt

Discusses their concerns with the –1 amendments. Says that punishing them by taking away their license is not enough.

108

Chair Williams

Comments on the -1 amendments.

119

Rep. Shetterly

Discusses bill.

132

Officer Durbin

Talks about his concerns with methamphetamine and feels that treatment is very important for these juveniles.

159

Chair Williams

Points out the challenges of the bill.

183

Nancy Miller

Director of the Court Programs and Services Division, State Court Administrator’s Office. Testifies on the -2 amendments to SB 342. Talks about her concerns.

208

Ann Christian

Public Defense Services Commission. Testifies on bill.

223

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies and says they oppose the bill in its original form.

295

Rep. Prozanski

Says that the -2 amendments will put a burden on the court system.

310

Miller

Agrees that it will have an impact on the juvenile departments.

328

Carl Myers

Oregon Juvenile Department Directors Association. Testifies on SB 342. Discusses Minor In Possession (MIP).

385

Jonathan Fussner

Attorney in charge of Criminal Appeals, Justice Department. Testifies on SB 342 and the -3 amendments (Exhibit E).

TAPE 232, B

016

Rep. Prozanski

Asks about requirement of something beyond the precursor.

022

Fussner

Says that the mixture or substance language deals with the completed drug.

037

Chair Williams

Discusses the bill and the Slovic Case (Exhibit F).

076

Skye

Cautions committee about the legislative fix. Talks about the -3 amendments.

134

Chair Williams

Closes the work session on SB 342 and opens a work session on SB 609A.

SB 609A WORK SESSION

154

Kate Richardson

Chief of Staff, State Treasury. Testifies in support of SB 609A which specifies that person who offers security or offers to purchase security in violation of securities laws or by means of untrue statement or omission may be liable for damages in action brought under securities laws.

178

Rep. Macpherson

Explains the bill and the effect of the –A4 amendments.

194

Richardson

Comments on the –A4 amendments (EXHIBIT G).

206

Rep. Shetterly

MOTION:  Moves to ADOPT SB 609A-4 amendments dated 05/16/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

208

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

209

Rep. Shetterly

MOTION:  Moves SB  609A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

217

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

219

Chair Williams

Closes the work session on SB 609A and opens a work session on SB 613A.

SB 613A WORK SESSION

221

Craig Prins

Committee Counsel. Introduces SB 613A which authorizes sports official to order coach, team players or spectator to leave sports event. Discusses the –A6 amendments and the hand-engrossed bill (EXHIBITS H & I).

336

Rep. Prozanski

States that he is pleased with the bill.

360

Vice Chair Ackerman

Says that the –A6 amendments met his objectives.

363

Rep. Jenson

Asks what the penalty is for a Class C misdemeanor.

364

Rep. Prozanski

Answers 30 days or a $1,000 fine. Explains.

407

Rep. Shetterly

Discusses his concerns with the bill.

TAPE 233, B

004

Prins

Explains that the bill applies to a team player, spectator or coach. Says that he tried to make the bill as broad as possible.

020

Chair Williams

Comments on bill.

049

Rep. Macpherson

Agrees with the Chair’s comments.

055

Rep. Shetterly

Shares his concerns.

086

Rep. Jenson

Asks Counsel Prins about language of “intended to provoke” in the –A6 amendments.

096

Prins

Says that this has been a very difficult bill to draft. Discusses the Robertson Case.

149

Chair Williams

Points out “intended to provoke” comes from the case State vs. Robertson.

172

Rep. Prozanski

MOTION:  Moves to ADOPT SB 613A-6 amendments dated 07/02/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

173

Chair Williams

Hearing no objection, declares the motion CARRIED.

177

Rep. Prozanski

MOTION:  Moves SB 613A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

182

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

198

Chair Williams

Closes the work session on SB 613A. Adjourns the meeting at 2:47 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 108, -1 amendments, submitted by staff, dated 5/13/03, 1 pg.

B – SB 108, -3 amendments, submitted by staff, dated 6/30/03, 3 pgs.

C – SB 342, -1 amendments, submitted by Rep. Prozanski, dated 5/22/03, 2 pgs.

D – SB 342, -2 amendments, submitted by staff, dated 6/27/03, 22 pgs.

E – SB 342, -3 amendments, submitted by staff, dated 7/2/03, 5 pgs.

F – SB 342, State vs. Slovik, submitted by staff, 7 pgs.

G – SB 609A, -A4 amendments, submitted by staff, dated 5/16/03, 2 pgs.

H – SB 613A, -A6 amendments, submitted by staff, dated 7/2/03, 1 pg.

I – SB 613A, hand-engrossed bill with the –A6 amendments, submitted by staff, 2 pgs.