SENATE COMMITTEE ON JUDICIARY

 

 

January 27, 2003                                                                                                 Hearing Room 343

8:00 a.m.                                                                                                                           Tapes 5 - 7

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 45  Public Hearing and Work Session                                         

                                                SB 19  Public Hearing

                                                SB 53  Public Hearing

                                                SB 23  Public Hearing

                                                SB 24  Public Hearing

                                                SB 46  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 5, A

005

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 45.

SB 45 - PUBLIC HEARING

008

Judge Terry Leggert

Circuit Court, Marion County.  Submits testimony and testifies in support of SB 45 that provides that court in which post-conviction relief proceeding is pending may determine whether to transfer venue when petitioner is transferred from one correctional institution to another (EXHIBIT A).

034

Chair Minnis

Closes the public hearing on SB 45 and opens a work session.

SB 45 - WORK SESSION

035

Vice Chair Burdick

MOTION:  Moves SB 45 to the floor with a DO PASS recommendation, and be placed on the consent calendar.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

038

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

 

Chair Minnis

Closes the work session on SB 45 and opens a public hearing on SB 19 and SB 53.

SB 19 and SB 53 – PUBLIC HEARING

055

Carl Myers

Oregon Juvenile Department Directors Association (OJDDA).  Submits testimony and testifies in support of SB 19 that establishes when youth offenders and persons alleged to be within jurisdiction of juvenile court may be detained in place where adults are detained; and SB 53 that allows court to place youth offenders 18 years of age or older in adult detention facilities (EXHIBIT B).  Explains that both bills seek to rectify the same problem.

077

Larry Ogelsby

OJDDA.  Introduces Rich Scott and Timothy Loewen. Testifies in support of SB 19 and 53 saying that pieces of each bill could be combined to a workable solution.

119

Rich Scott

Multnomah County Department of Community Justice.  Explains issues in Multnomah County, including the sight and sound issue.

157

Tim Loewen

Director, Yamhill County Juvenile Department.  Addresses issues in Yamhill County regarding the placement of youth offenders.

185

Larry Olgesby

Talks about court sanctions of youth.

212

Sen. Ferrioli

Asks for a further definition of “sight and sound.”

226

Ogelsby

Explains the separation of youth and adults.

231

Chair Minnis

States his understanding of what the two bills do with respect to housing youth offenders.

240

Ogelsby

Explains the movement from a juvenile to an adult facility.

253

Vice Chair Burdick

Asks if this only affects probationers.

261

Ogelsby

Responds, yes.

272

Craig Prins

Committee Counsel.  Asks for clarification of ‘sight and sound” in a juvenile facility.

282

Scott

Explains the separation of youth in a facility.

295

Sen. Ferrioli

States his concern about the youth/adult separation.

308

Ogelsby

Responds that the goal is to keep experienced offenders away from youth.

326

Vice Chair Burdick

Asks if this could apply to the Oregon Youth Authority.

332

Ogelsby

Replies, yes.

336

Kathy Berger

Juvenile Rights Project.  Testifies as neutral on SB 19.  Says this bill really isn’t needed.

454

Berger

Says SB 19 is a better bill than SB 53.

TAPE 6 A

020

Berger

Continues testimony on SB 19 and SB 53.

050

Chair Minnis

Asks for clarification of SB 53, page 2, line 14.

053

Berger

Responds.

060

Chair Minnis

Asks for comparison of SB 19, page 1, line 9 to SB 53.

063

Berger

Explain differences.

078

Sen. Ringo

Asks if there are ambiguities in the Multnomah County council’s definitions of youth and adult.

086

Berger

Responds that there are.

088

Sen. Ringo

Asks if there is an alternate solution that the legislature needs to address.

091

Berger

Responds, yes.

095

Timothy Travis

Oregon Judicial Department.  Testifies in opposition to SB 19 and talks about the “sight and sound” issue. 

150

Travis

Says judges do not like the detailed findings in SB 19.

182

Vice Chair Burdick

 

Asks if there is a solution to the concerns of due process.

188

Travis

Says he does not think so.

230

Chair Minnis

Asks that a work group get together on these two bills within the next two weeks.

232

Chair Minnis

Closes the public hearing on SB 19 and SB 53 and opens a public hearing on SB 24.

SB 24 – Public Hearing

253

Vice Chair Burdick

State Senator, District 18.  Explains and supports SB 24 that creates crime of unlawful development, manufacture, delivery, possession and use of harmful substance, toxin or delivery system. Introduces John Bradley.

287

John Bradley

Multnomah County District Attorneys Office.  Testifies in support of SB 24, but explains it still needs some work.

430

Chair Minnis

Asks for clarification of an unclassified felony.

433

Bradley

Explains different classifications of felony.

TAPE 5 B

020

Chair Minnis

Asks if the judge has the discretion to make the classification.

022

Bradley

Replies, yes.

060

Bradley

Continues to discuss SB 24, and suggests that section 9, page 6, should be changed.

087

Sen. Ringo

Asks for clarification in section 2, page 1 of the bill.

092

Bradley

Explains why “unlawful purpose” is needed in this section.

119

Sen. Ringo

Talks about harmful substances.

125

Bradley

Explains this bill is directed toward people who are in the business of harmful substances.

167

Sen. Ringo

Asks if it is illegal to possess Anthrax at this time.

170

Bradley

Says he doesn’t know under state statute.

173

Sen. Ringo

Asks about proof of unlawful purpose.

178

Bradley

Responds, yes, it would have to be proved.

180

Sen. Ferrioli

Talks about lawful versus unlawful purpose, and expresses his support of the context of this bill.

215

Bradley

Responds that unlawful purpose should be more than a misdemeanor.

224

Ingrid Swenson

Oregon Civil Defense Lawyers Association (OCDLA).  Submits testimony and testifies in opposition to SB 24 (EXHIBIT C). 

289

Swenson

Talks about section 7 of the bill and the offense created.

344

Terry Witt

Director, Oregonians for Food and Shelter.  Testifies in opposition to SB 24 and offers his help in amending this bill.  Says, as written, it casts too broad a net.

422

Chair Minnis

Suggests that Sen. Burdick lead a work group. Closes the public hearing on SB 24 and opens a public hearing on SB 23.

SB 23 – PUBLIC HEARING

TAPE 6 B

005

Sharon Gorham

Lane County District Attorneys Office.  Submits testimony and testifies in support of SB 23 that modifies provisions relating to stalking protective orders (EXHIBIT D).

035

Counsel Prins

Says this bill was worked on during the interim and introduced by David Nebel.

043

Ingrid Swenson

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies as neutral on SB 23 and discusses the areas that need to be amended.

106

Swenson

Expresses concern that stalking orders have no time limit.

124

Carrie Rasmussen

Deputy District Attorney, Marion County.  Testifies in support of SB 23.

145

Rasmussen

Addresses the fiscal report and says that it seems to imply that the stalking order is working.

195

David Nebel

Oregon Law Center.  Submits testimony and testifies in support of SB 23. (EXHIBIT E).

248

Chair Minnis

Closes the public hearing on SB 23 and open a public hearing on SB 46.

SB 46 – PUBLIC HEARING

262

Jonathan Fussner

Department of Justice.  Submits testimony and testifies in support of SB 46 that expands definition of enter or remain unlawfully for purpose of burglary and criminal trespass (EXHIBIT F).

311

Laurie Abraham

Multnomah County District Attorney.  Testifies in support of SB 46.

338

Abraham

Discusses examples of trespassers that return time and time again and the law has no recourse.

413

Vice Chair Burdick

Asks for what time period a person can be asked to leave the premises of public property.

422

Abraham

Says the property owner can decide the time.

433

Vice Chair Burdick

Asks if the statute needs to be amended regarding time limits.

TAPE 7, A

012

Abraham

Believes each property owner should make that decision.

036

Vice Chair Burdick

Asks if a time period should be in writing.

038

Abraham

Says, no.

046

Sen. Ferrioli

Asks about how this would apply in a very public place.

052

Abraham

Replies that public property owners tend to have a more formal approach.

070

Officer Matt Engen

Portland Police Bureau.  Testifies in support of SB 46 and cites examples of current trespass law.

103

Chair Minnis

Asks what the police tell the property owner to do.

105

Engen

Explains what suggestions they give property owners.

120

Vice Chair Burdick

Asks how trespass applies to drug free zones.

119

Engen

Says the city has its own violation regarding drug free-zones.

127

Abraham

Explains the ordinance that applies to drug dealing.

150

Vice Chair Burdick

 Asks for clarification of the drug-free zone ordinance.

157

Abraham

Explains the ordinance.

169

Mike Salzgiver

Portland Business Alliance.  Submits testimony and testifies in support of SB 46 (EXHIBIT G).

184

Susan Russell

Oregon Criminal Defense Lawyers Association.  Submits Testimony and testifies in opposition to SB 46 (EXHIBIT H).

229

Chair Minnis

Discusses the definition of burglary versus robbery.

234

Sen. Ringo

Asks how the problem of trespass is resolved if not through this legislation.

240

Russell

Believes there are other vehicles in which trespass can be addressed.

255

Christy Munson

League of Oregon Cities.  Offers assistance in satisfying the objections of SB 46.

277

Chair Minnis

Asks if the League supports SB 46.

280

Munson

Says they agree with the concept, but would like to submit language to amend the bill.

286

Munson

Reads the language the league would like to include.

330

Chair Minnis

Asks the proponents of the bill to get together.

338

Chair Minnis

Closes the public hearing on SB 46 and adjourns the meeting at 10:20 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 45, written testimony submitted by Terry Leggert, 2 pp

B – SB 19 and 53, written testimony submitted by Carl Myers, 1 p

C – SB 24, written testimony submitted by Ingrid Swenson, 2 pp

D – SB 23, written testimony submitted by Sharon Gorham, 16 pp

E – SB 23, written testimony submitted by David Nebel, 1 p

F – SB 46, written testimony submitted by Jonathan Fussner, 2 pp

G – SB 46, written testimony submitted by Mike Salsgiver, 1 p

H – SB 46, written testimony submitted by Susan Russell, 1 p