SENATE COMMITTEE ON JUDICIARY

 

 

January 30, 2003                                                                                                 Hearing Room 343

8:00 a.m.                                                                                                                       Tapes 11 - 12

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ginny Burdick, Vice Chair

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 23 Public Hearing

                                                SB 114 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 11, A

004

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 23.

SB 23 – PUBLIC HEARING

010

David Nebel

Oregon Law Center.  Testifies in support of SB 23 which modifies provisions relating to stalking protective orders.

079

Nebel

States that he has two amendments to be considered.

106

Sen. Ringo

Asks about intent requirements and why “reckless” is used in this section.

111

Nebel

Says “reckless” is the term used in current law.

127

Craig Prins

Committee Counsel.  Explains further the need for “reckless” in this provision and says it is only an action for damages.

139

Sen. Ringo

Asks if a stalking order should have a time limit.

135

Nebel

Replies that there would have to be a provision for reinstituting the limit.

171

Chair Minnis

Asks what the process is for extinguishing an order.

173

Nebel

Says there is no process at this time.

180

Chair Minnis

Asks about the free speech right.

181

Nebel

Explains the due process of free speech.

216

Sen. Ringo

Talks about examples of stalking orders that might need to be rescinded.

219

Nebel

Explains the Family Abuse Prevention Act procedures as a means to rescind an order.

252

Prins

Clarifies that in some instances, both orders are sought.  Says this legislation is going to have a fiscal impact.

296

Sen. Walker

Asks if the court has discretion when considering time limits.

310

Nebel

Replies that can be made a part of this legislation.

340

Sen. Walker

Believes there needs to be some opportunity for periodic review.

368

Sen. Ferrioli

Questions if stalking orders actually provide protection.  Asks how a law enforcement officer would know about one.

390

Chair Minnis

Responds that the order would show up in Law Enforcement Data System (LEDS).

430

Nebel

Explains that the bill is not intended to change current law regarding stalking.

TAPE 12, A

023

Sen. Ringo

Expresses his concern about this issue.

030

Chair Minnis

Expresses his concern about the constitutional rights of victims and suspects.

048

Nebel

Says the court of appeals has addressed the issue of constitutional challenges to the stalking procedure.

069

Sen. Ringo

Discusses constitutional rights of someone violating the law.

091

Nebel

Explains how the law deals with a stalking order.

109

Sen. Walker

Clarifies that a respondent does not have to show up for a court to issue an order.

126

Lorena Reynolds

Legal Aid Services of Oregon, Albany office.  Testifies in support of SB 23.  Gives examples of procedures in Linn and Benton Counties.  Discusses the ability to dismiss a stalking order.

190

Chair Minnis

Asks the work group to take another look at SB 23.

221

Chair Minnis

Closes the public hearing on SB 23 and opens a public hearing  on SB 114.

SB 114 – PUBLIC HEARING

238

Michael Livingston

Assistant Attorney General.  Submits testimony and testifies in support of SB 114 which provides that court may not set aside or dismiss delinquency petition after adjudication unless adjudication has been set aside (EXHIBIT A).

329

Chair Minnis

Discusses a previous bill before the committee during the last legislative session.

346

Amy Holmes Hehn

Deputy District Attorney, Multnomah County.  Testifies in support of SB 114 and provides some historical background.  Explains that there is language in the bill that should be amended.


 

TAPE 11, B

048

Sen. Walker

Asks why a judge would vacate an order post-adjudication.

057

Holmes Hehn

Explains the court’s position.

089

Livingston

Gives an example of a particular case.

132

Sen. Ferrioli

Requests information on the statutes on sex offender registration.

140

Holmes Hehn

Offers to provide information.

157

Sen. Ringo

Asks for definition of juvenile sex crimes.

163

Holmes Hehn

Says it includes those age 14 and under.

190

Sen. Starr

Says he struggles with some of these cases that are going to court that perhaps should not.

245

Sen. Ringo

Asks if there is data that shows the long-term threat of juvenile sex offenders.

258

Holmes Hehn

Says there are not any studies available that detect re-offending.

288

Livingston

Talks about the policy provisions allowed the courts.

355

Kathie Berger

Juvenile Rights Project.  Testifies in opposition to SB 114. 

TAPE 12, B

036

Berger

Continues discussing the various courts’ approach to juvenile sex offenders.

062

Chair Minnis

Asks if juvenile courts have pre-trial conferences.

068

Berger

Says she cannot respond for all juvenile courts, but knows of some that do.

128

Ingrid Swenson

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 114.

173

Swenson

Says there are 15 to 18 year olds in the juvenile sex offense system.

208

Nancy Miller

State Court Administrators Office.  Testifies in opposition to SB 114.  Says she is polling the circuit court judges regarding this bill and will bring her findings to the committee.

275

Chair Minnis

Closes the public hearing on SB 114 and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 114, written testimony submitted by Michael Livingston, 2 pp