SENATE COMMITTEE ON JUDICIARY

 

 

January 28, 2003                                                                                                 Hearing Room 343

8:00 a.m.                                                                                                                                  Tape 8

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           LC’s 1534, 1535, 1536, 1537, 1538, 1539,

                                                1540, 1649, 1194, 1680, 989, 992, 1456, 1875.

                                                SB 108 Public Hearing and Work Session

SB 110 Public Hearing and Work Session

SB 117 Public Hearing and Work Session

SB 123 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 8, A

003

Chair Minnis

Calls the meeting  to order at 8:12 a.m.

007

Craig Prins

Introduces LC 1534, LC 1535, LC 1536, LC 1537, LC 1538, LC 1539, LC 1540, LC 1649, LC 1194, LC 1680, LC 989, LC 992, LC 1456, and LC 1875 (EXHIBITS A – N).

029

Sen. Starr

MOTION:  Moves LC's:  1534, 1535, 1536, 1537, 1538, 1539, 1540, 1649, 1194, 1680, 992, 989, 1456, 1875 BE INTRODUCED as committee bills.

 

 

VOTE:  4-0-2

EXCUSED:  2 – Sen. Ringo, Sen. Burdick

036

Chair Minnis

Hearing no objection, declares the motion CARRIED.

042

Chair Minnis

Opens a public hearing on SB 108.

SB 108 – PUBLIC HEARING

046

Jon Fussner

Department of Justice, Marion County.  Testifies in support of SB 108 that authorizes fine of up to $300,000 upon conviction of murder or aggravated murder.

064

Chair Minnis

Asks about the maximum fine.

068

Fussner

Explains the fine.

076

Sen. Walker

Referring to subsection 5, asks how the court determines a fine.

085

Fussner

Explains the provision that defines the court’s determination.

107

Sen. Walker

Asks for clarification of fines.

110

Fussner

Says fines are adjustable depending on ability to pay.

118

Chair Minnis

Closes the public hearing on SB 108 and opens a work session.

SB 108 – WORK SESSION

118

Vice Chair Burdick

MOTION:  Moves SB 108 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

122

Chair Minnis

Hearing no objection, declares the motion CARRIED.

BURDICK will lead discussion on the floor.

131

Chair Minnis

Closes the work session on SB 108 and opens a public hearing on SB 110.

SB 110 - PUBLIC HEARING

133

Philip Schradle

Department of Justice.  Submits testimony and testifies in support of SB 110 that allows single judge of Court of Appeals, in review of order of State Board of Parole and Post-Prison Supervision, to deny or, under certain circumstances, grant board’s motion for summary affirmation. (EXHIBITS O and P).

185

Chair Minnis

Closes the public hearing on SB 110 and opens a work session.

SB 110 – WORK SESSION

188

Vice Chair Burdick

MOTION:  Moves SB 110 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Ringo

190

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

233

Chair Minnis

Closes the work session on SB 110 and opens a public hearing on SB 117.

SB 117 – PUBLIC HEARING

238

Jim Lamka

Department of Justice.  Submits testimony and testifies in support of SB 117 that expands Department of Justice Client Trust Account to include all moneys DOJ receives on behalf of persons and agencies (EXHIBIT Q).

275

Craig Prins

Committee Counsel.  Asks where funds will come from.

279

Lamka

Replies that there are many areas from which funds come.

290

Sen. Walker

Wonders why this bill is coming at this time.

293

Lamka

Says the situation had not arisen before.

310

Chair Minnis

Closes the public hearing on SB 117 and opens a work session.


 

SB 117 – WORK SESSION

311

Vice Chair Burdick

 

MOTION:  Moves SB 117 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Ringo

316

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

321

Chair Minnis

Closes the work session on SB 117 and opens a public hearing on SB 123.

SB 123 – PUBLIC HEARING

325

Jon Fussner

Department of Justice.  Testifies in support of SB 123 that allows court to impanel alternate jurors in misdemeanor case.

389

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 123.

416

Chair Minnis

Closes the public hearing on SB 123 and opens a work session.

SB 123 – WORK SESSION

418

Vice Chair Burdick

MOTION:  Moves SB 123 be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

420

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

438

Chair Minnis

Closes the work Session on SB 123. Announces upcoming meetings. 

440

Chair Minnis

Adjourns the meeting at 8:35 a.m.

 

 

EXHIBIT SUMMARY

 

A – LC 1534, submitted by staff, 4 pp

B – LC 1535, submitted by staff, 2 pp

C – LC 1536, submitted by staff, 2 pp

D – LC 1537, submitted by staff, 9 pp

E - LC 1538, submitted by staff, 2 pp

F – LC 1539, submitted by staff, 1 p

G – LC 1540, submitted by staff, 7 pp

H – LC 1649, submitted by staff, 1 p

I – LC 1194, submitted by staff, 33 pp

J – LC 1680, submitted by staff, 1 p

K – LC 989, submitted by staff, 5 pp

L – LC 992, submitted by staff, 2 pp

M – LC 1456, submitted by staff, 3 pp


O – SB 110, written testimony submitted by Philip Schradle, 2 pp

P – SB 110, written testimony submitted by James Nass, 1 p

Q – SB 117, written testimony submitted by Jim Lamka, 1 p