SENATE COMMITTEE ON JUDICIARY

 

 

February 04, 2003                                                                                               Hearing Room 343

8:00 a.m.                                                                                                                       Tapes 15 - 16

 

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 59 Public Hearing and Work Session

                                                SB 52 Public Hearing

                                                SB 65 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 15, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m.  Opens a public hearing on SB 59.

SB 59 – PUBLIC HEARING

010

Erin Olson

Multnomah County District Attorneys Office.  Testifies in support of SB 59 that extends period during which forfeiture counsel must file criminal information or indictment for criminal forfeiture.

022

Chair Minnis

Closes the public hearing on SB 59 and opens a work session.

SB 59 – WORK SESSION

023

Vice Chair Burdick

MOTION:  Moves SB 59 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  6-0

028

Chair Minnis

 

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

035

Chair Minnis

Closes the work session on SB 59 and opens a public hearing on SB 52.


 

SB 52 – PUBLIC HEARING

050

Pat Callahan

Multnomah County District Attorney.  Testifies in support of SB 52 which creates crime of aggravated identity theft.  Explains the purpose for the task force.

160

Sen. Ringo

Asks for example of identity theft.

163

Callahan

Explains how identity theft takes place.

170

Sen. Ringo

Asks difference between mail theft and identity theft.

173

Callahan

Talks about when mail theft becomes identity theft.

181

Sen. Ringo

Discusses the degree of theft involved.

195

Callahan

Offers further clarification.

200

Sen. Ringo

Asks definition of a class B felony.

230

Callahan

Explains crime seriousness.

260

Sen. Ferrioli

Wonders how the 180-day time period was chosen.

279

Callahan

Discusses the time period.

296

Sen. Ferrioli

Asks about first offense prosecution.

305

Callahan

Explains first offense.

325

Vice Chair Burdick

Asks about crime classification.

338

Callahan

Explains an aggravated theft.

386

Chair Minnis

Asks for comparable offense definition.

398

Callahan

Says it is defined case by case.

TAPE 16 A

024

Susan Russell

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in opposition to SB 52.  Says it is based on pre-existing identity theft statute (EXHIBIT A).

064

Sen. Ringo

Asks for clarification of a particular act of identify theft.

066

Russell

Explains the intent to deceive.

068

Sen. Ferrioli

Asks about criminal intent.

075

Russell

Agrees that there is a burden of proof.

085

Sen. Ferrioli

Asks about using an alias without criminal intent.

089

Russell

Gives examples of intent to deceive.

100

Sen. Ferrioli

Wonders about telephone solicitation when someone uses a name not their own, and if this could be criminalized under this statute.

114

Russell

Replies that it depends on certain circumstances.

147

Craig Prins

Committee Counsel.  Says telemarketing cannot be prosecuted under current law.

164

Sen. Ferrioli

Asks about other bills being presented during this session.

172

Vice Chair Burdick

Wonders if there are opportunities to consider the other bills.

186

Sen. Ringo

Expresses some concern about SB 52 as written.

205

Chair Minnis

Asks how “intent” is defined.

210

Russell

Provides a definition.

258

Sen. Ferrioli

Asks about giving false information.

264

Prins

Explains attempt to allude.

280

Sen. Ferrioli

Asks under what statute the example given would be prosecuted.

288

Prins

Talks about his experience in prosecuting these kinds of cases.

340

Tim Martinez

Oregon Bankers Association.  Talks about how identity theft has become such a large issue.  Expresses a desire to be involved in a task force.

380

Vice Chair Burdick

Inquires about the other bills being considered.

388

Martinez

Says they are currently in the House for consideration.

423

Chair Minnis

Closes the public hearing on SB 52 and opens a public hearing on SB 65.

SB 65 – PUBLIC HEARING

006

Deena Clark

Portland Police Bureau.  Submits testimony and testifies in support of SB 65 that modifies crime of sexual assault of animals (EXHIBIT B).

041

Chair Minnis

Closes the public hearing on SB 65 and opens a work session.

SB 65 – WORK SESSION

042

Vice Chair Burdick

MOTION:  Moves SB 65 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

050

 

VOTE:  6-0

051

Chair Minnis

Hearing no objection, declares the motion CARRIED.

RINGO will lead discussion on the floor.

056

Chair Minnis

Closes the work session on SB 65.

058

Prins

Introduces LC 2051 (EXHIBIT C).

066

Vice Chair Burdick

MOTION:  Moves LC 2051 BE INTRODUCED as a committee bill.

 

 

VOTE:  6-0

069

Chair Minnis

Hearing no objection, declares the motion CARRIED.

070

Chair Minnis

Closes the work session on SB 65 and adjourns the meeting at 9:10 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 52, written testimony submitted by Susan Russell, 2 pp

B – SB 65, written testimony submitted by Deena Clark, 7 pp

C – LC 2051, submitted by staff, 3 pp