CONFERENCE COMMITTEE ON HB 2221B

 

 

July 15, 2003 Hearing Room D

1:00 PM Tape 1 - 2

 

 

MEMBERS PRESENT:            Rep. Alan Brown, Chair

                                                Rep. Elizabeth Beyer

                                                Rep. John Mabrey

                                                Sen. Rick Metsger

                                                Sen. Bruce Starr

 

STAFF PRESENT:                  Janet Adkins, Committee Administrator

Ryan Sherlock, Committee Assistant

 

MEASURE:                            HB 2221B - 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 1, A

004

Chair Brown

Calls the meeting to order at 1:06 p.m. and opens a conference committee work session on HB 2221B.

HB 2221B WORK SESSION

010

Janet Adkins

Committee Administrator. Offers a description of the bill and the issues to be addressed by the conference committee. Offers a description of, and enters into the record, the -B9 amendments (EXHIBIT A).

035

Sen. Minnis

Comments on the process regarding DUII convictions and diversion programs.

037

Adkins

Questions whether this is the effect of the amendments.

040

Sen. Minnis

Further comments on the conviction process.

043

Adkins

Further clarifies the conviction process.

045

Rep. Greenlick

Points out that the conviction process depends on the state in which the conviction occurred.

050

Sen. Burdick

Expresses concern for the decrease in number of allowable convictions in the bill.

055

Rep. Brown

Explains that he asked for the amendments which brought the number of convictions down from two to one, and explains why he requested those amendments.

060

Sen. Burdick

Points out that the diversion could have taken place before the ten year time frame.

062

Rep. Brown

Comments on the scope of the bill.

065

Ingrid Swenson

Oregon Criminal Defense Lawyers Association. Offers testimony in opposition to HB 2221B.

075

Sen. Minnis

Comments on the important role judges play in the judicial process.

080

Swenson

Points out that judges are human and fallible, not unlike legislators.

085

Sen. Minnis

Points out that legislators have a check on there power which is their colleagues, while judges, who might be under the influence, are not checked.

095

Rep. Greenlick

Points out that this is not an issue of the judge being drunk on the bench, and further discusses the issues surrounding the bill.

105

Chair Brown

Recognizes Ms. Swenson to discuss the blood test portion of the amendments.

110

Swenson

Comments on court decisions which would contradict this provision of the bill. Further discusses the issues. Points out that different components of blood are tested, when testing for DUII’s, than when conducted in the hospital.

140

Rep. Greenlick

Asks Judicial Counsel Prins to address the issue.

155

Craig Prins

Committee Counsel. Points out that there are representatives from the Attorney Generals office, and Multnomah County Prosecutors office present at the meeting.

160

Rep. Greenlick

Clarifies that there is a legal difference between blood drawn in various settings, and different procedures for which that blood is drawn.

185

Prins

Points out the difference between “relevance” and “competency.” Further discusses the admissibility of evidence, with reference to submitted appeals court decision (EXHIBIT B).

230

Rep. Greenlick

Questions how the validity of evidence is then determined.

235

Sen. Minnis

Points out that these are questions which could be argued by the defense at trial, and the issue at hand is getting this evidence into the trial.

245

Rep. Greenlick

Further comments on the statute relating to “competency,” and questions whether they are building an ambiguity.

255

Sen. Minnis

Clarifies that Ms. Swanson has practiced as a defense attorney, and asks how these questions would be addressed in trial.

260

Swanson

Comments on how a defense attorney would address the issue.

275

Sen. Minnis

Asks whether Ms. Swanson would call to testify the criminalists from the state, in a murder trial. Questions whether that wouldn’t be similar to the blood draw issue.

280

Swanson

Acknowledges, and further comments.

285

Sen. Minnis

Points out that the information provided through the hospital blood test could be challenged by the defense attorney.

290

Sen. Burdick

Asks for a clarification of the Snyder Case which was referenced as creating the need for this bill.

295

Prins

Outlines the substantive issues surrounding the Snyder Case.

340

Sen. Burdick

Clarifies that the issue is not about consent but rather about the qualifications of the individual drawing the blood.

355

Rep. Greenlick

Clarifies the statute which allows blood draws as admissible in court, and points out the possible contradiction being created by a section of the amendments.

360

Prins

Comments on the issue regarding “otherwise competent” evidence.

370

Rep. Greenlick

Comments on specific wording in the statute.

375

Prins

Acknowledges the clarification, further points out the policy question at issue.

410

Rep. Greenlick

Questions the reasoning for the change.

415

Prins

Points out that the legislature attempted to clarify this issue during the 1999 session. Points out the representatives from the Multnomah County District Attorney’s office could better address the issue in question.

435

Brandon Thompson

Deputy District Attorney, Multnomah County. Testifies in support of the HB 2221B amendments.

TAPE 2, A

010

Rep. Greenlick

Clarifies that the blood draws in questions would not be incidental medical care, but a special process.

020

Thompson

Indicates that this is not the case. Comments on the reasons a blood draw would be conducted in a DUII case.

045

Rep. Greenlick

Points out that, by statute, there are two conditions for which blood would be drawn in a DUII case.

055

Thompson

Comments on the use of a search warrant in drawing blood from an individual.

075

Sen. Minnis

Asks about the -B6 amendments (EXHIBIT C), which would make the time period ten years and increase the number of convictions to two. Indicates his support for including those amendments, but also points out his wish to see the blood draw issue included.

080

Rep. Greenlick

Points out his wish to conceptually amend provisions of the original bill to allow the counties to decide the fees, and explains the reasoning for allowing discretion to the counties.

102

Chair Brown

Asks how the fee’s upper limit would be decided.

107

Rep. Greenlick

Explains that ‘true cost’ would decide the fee’s upper limit.

110

Gina Mattioda

Multnomah County. Offers testimony regarding the possibility of allowing fee discretion to the counties.

125

Gretchen McKenzie

Governor’s Committee on DUII. Offers testimony regarding the proposed conceptual amendments.

160

Rep. Greenlick

Points out the possible effects on Multnomah county.

170

Sen. Minnis

Points out the agreement which has already been reached on the issue, and questions whether this might drive the cost up.

180

Rep. Greenlick

Comments on the cost assessment issues.

190

Sen. Minnis

Points out that there are evaluators who will do the job for $130.

195

Rep. Greenlick

Points out the consensus came at a very late date.

200

Sen. Minnis

MOTION:  Moves to ADOPT HB 2221B-B6 amendments dated 06/24/03, and the HB 2221B-B8 amendments dated 07/09/03 (EXHIBIT D).

210

Janet Adkins

Clarifies the effects of the -B6 amendments.

220

Rep. Greenlick

Asks that the motion on the amendments be done separately.

225

Sen. Minnis

WITHDRAWS previous motion.

Motion: Moves to ADOPT HB 2221B-B6 amendments dated 06/24/03.

230

 

VOTE:  5-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

235

Sen. Minnis

MOTION:  Moves to ADOPT HB 2221B-B8 amendments dated 07/09/03.

240

Rep. Greenlick

Highlights the need to send the bill through a Judiciary Committee and therefore his intent to vote No on the motion.

245

Chair Brown

Points out that Sen. Minnis and Sen. Burdick are the Chair and Vice-Chair respectively, of the Sen. Judiciary Committee.

250

Sen. Burdick

Points out that the Senate Judiciary Committee did hear the bill, and added the provisions associated with the -B8 amendments.

252

Rep. Greenlick

Clarifies his intent to vote Aye on the motion.

255

 

VOTE:  5-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

260

Rep. Greenlick

Indicates his interest in seeing an amendment which would incorporate the conceptual amendments addressed earlier.

265

Sen. Burdick

Indicates that this amendment would need a suspension of the rules, which she would support, but indicates her lack of support for the conceptual amendments.

270

Rep. Greenlick

MOTION:  Moves to SUSPEND the rules for the purpose of adopting the proposed conceptual amendments to HB 2221B.

275

Adkins

Points out that a Conference Committee does not have rules of procedure like either the House or Senate Committee, so therefore does not need to suspend the rules for the vote on the proposed conceptual amendment. Observes that conceptual amendments are still discouraged by Legislative Counsel.

280

 

VOTE:  5-0

 

Chair Brown

Hearing no objection, declares the motion CARRIED.

285

Rep. Greenlick

Points out it is a privilege to go into diversion and that those who go into diversion should pay the true cost of that program.

300

Rep. Greenlick

MOTION:  Moves to AMEND HB 2221B on page 1, in line 12, after "$130," insert "or, at the discretion of the agency, actual cost if it is over $130."

305

Rep. Mabrey

Clarifies the intent and wording of the proposed conceptual amendment.

310

Rep. Greenlick

Further clarifies the language of the conceptual amendments.

325

 

VOTE:  2-2*

AYE:            2 – Rep. Greenlick, Rep. Mabrey

NAY:            2 – Sen. Burdick, Sen. Minnis

*Chair Brown did not vote on the motion due to the lack of a majority Senate vote on the motion.

 

Chair Brown

The motion Fails.

340

Rep. Mabrey

MOTION:  Moves HB 2221B to the floor with the recommendation that the House CONCUR in Senate amendments dated 06/11/03 and that the bill be FURTHER AMENDED by the -B6 amendments and -B8 amendments, and the measure be REPASSED.

350

 

VOTE:  5-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Brown

The motion CARRIES.

SEN. MINNIS AND REP. BROWN will lead discussion on the floors.

365

Chair Brown

Closes the work session on HB 2221B, and adjourns the meeting at 1:56 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2221B, -B9 amendments, Staff, 3 pp.

B – HB 2221B, appeals court opinion, Craig Prins, 6 pp.

C – HB 2221B, -B6 amendments, Staff, 2 pp.

D – HB 2221B, -B8 amendments, Staff, 2 pp.