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