SENATE COMMITTEE ON JUDICIARY

 

 

February 24, 2003                                                                                               Hearing Room 343

8:00 a.m.                                                                                                                           Tape 37-38

 

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 303 Public Hearing

                                                SB 300 Public Hearing

                                                SB 49 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 37, A

003

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a public hearing on SB 303.

SB 303 PUBLIC HEARING

012

Gina Skinner

Deputy District Attorney, Washington County.  Testifies in support of SB 303 that allows domestic violence to be pleaded and proved as element of crime involving domestic violence.

066

Sen. Ferrioli

Asks how the change would affect presumption of innocence.

077

Skinner

Explains the process.

089

Sen. Ferrioli

Asks if, under current statute, referral to a previous case can be introduced.

097

Skinner

Clarifies how referral to a previous case can be used as evidence.

131

Sen. Ferrioli

Wonders if the constitutional rights of a defendant can be upheld.

148

Skinner

Expresses uncertainty about the change.

177

Sen. Ferrioli

Is unclear how prejudice of the jury could be avoided.

183

Skinner

Says that prejudice is discussed with the jury.

200

Ann Christian

Oregon Judicial Department. Submits testimony and testifies as neutral on SB 303 (EXHIBIT A).

260

Debbe Stein

Private Attorney, Polk County.  Testifies in opposition to SB 303.

313

Chair Minnis

Asks what should be changed in this bill.

320

Stein

Explains why it’s not a good bill.

337

Chair Minnis

Closes the public hearing on SB 303 and opens a public hearing on SB 300.

SB 300 PUBLIC HEARING

348

Sybil Hebb

Oregon Law Center.  Submits testimony and testifies in support of SB 300 that requires court to include certificate of compliance relating to possession and use of firearms and ammunition when parties to petition for restraining order to prevent abuse are intimate partners (EXHIBIT B).

480

Vice Chair Burdick

Asks if this bill would broaden the number of people who could invoke the federal statute.

488

Hebb

Says it would not.

495

Sen. Ringo

 Asks the length of time a restraining order is in effect.

498

Hebb

Says one year, with the ability to renew.

TAPE 38, A

033

Sen. Walker

Asks for clarification on public officials carrying a weapon.

036

Hebb

Explains federal statute.

046

Craig Prins

Committee counsel.  Asks how SB 300 would change subsection 9 of ORS 107-718.

053

Hebb

Explains that it would enforce ORS 107-718.

063

Prins

Asks if due process is satisfied by this statute.

066

Hebb

Says it satisfies federal regulation and that due process is already satisfied.

071

Chair Minnis

Closes the public hearing on SB 300 and opens a public hearing on SB 49.

SB 49 PUBLIC HEARING

073

Lisa Naito

Multnomah County Commissioner. Submits testimony and testifies in support of SB 49 that prohibits person from possessing firearm if person is subject to restraining order under Family Abuse Prevention Act or if person has been convicted of assault in fourth degree that involves domestic violence (EXHIBIT C).  Points out the -2 amendments (EXHIBIT D).

142

Lonnie Feather

Portland, Oregon. Submits testimony and testifies in support of SB 49.  Conveys her personal experience with domestic violence (EXHIBIT E).

183

Sen. Walker

Asks if a report of domestic violence had been made against this person prior to the shooting.

187

Feather

Says, no.

202

Vice Chair Burdick

Asks if she also supports SB 300.

207

Feather

Says, yes.


 

211

Steve Doell

Crime Victims United of Oregon.  Submits testimony and testifies in support of SB 49 (EXHIBIT F).

254

Sen. Ringo

Expresses concern that this bill would not make a dent in gun deaths, and wonders what will make the difference.

266

Doell

States that he believes support and enforcement of all gun laws is necessary.

295

Naito

Believes these bills give uniformity to enforcement.  Notes that testimony from Mike Shrunk, District Attorney, Portland, has be submitted on his behalf (EXHIBIT G).

345

Kamala Shugar

Assistant District Attorney, Lane County.  Testifies in support of SB 49.

381

Vice Chair Burdick

Asks for clarification of the difference between SB 49 and SB 300 with regard to federal law.

355

Shugar

Explains why the federal law applies to SB 300 and not SB 49.

414

Vice Chair Burdick

States she is unclear about restriction of police officers under SB 49.

418

Shugar

Explains SB 49 does not have the exception under Oregon Law.

457

Sen. Ringo

Discusses gun deaths in America.  Wonders if enforcing gun laws will make a difference.

468

Shugar

States she is unaware of gun laws that are not being enforced in her County.

TAPE 37, B

052

Shugar

Discusses firearm laws and their enforcement throughout history.

073

Chair Minnis

Opens a joint public hearing on SB 300 and SB 49.

SB 49 AND SB 300 PUBLIC HEARING

075

Mark Adams

Oregon Association of Chiefs of Police.  Testifies in support of SB 300.

092

Sen. Ringo

Asks what should be done about firearm enforcement.

099

Adams

Replies there should be severe consequences.

125

David Nebel

Oregon Alliance to End Violence against Women.  Submits testimony and testifies in support SB 49 (EXHIBIT H).

142

Dale Penn

Oregon District Attorneys Association.  Testifies in support of SB 49.  Clarifies the effect of both SB 300 and SB 49.

190

Sen. Walker

Asks about a bill that she is proposing.

210

Penn

Says its enforcement is a practical difficulty.

222

Vice Chair Burdick

Asks for an opinion on extension of firearms ban in Oregon.

212

Penn

Believes that SB 49 would assist in extension on the assault side.

259

Maureen McKnight

Circuit Court Judge, Multnomah County. Testifies in support of SB 300; notes that the court is split on this bill. 

374

Chair Minnis

Asks how evidence would be presented in a contested case.

376

Judge McKnight

Explains it is subject to Oregon Code of Evidence.

409

Chair Minnis

Asks if additional powers would be granted to law enforcement to conduct searches.

413

Judge McKnight

Explains it would not.

429

Sen. Walker

Asks if respondents are manipulating the restraining order process.

446

Judge McKnight

Replies, yes, in some cases.

429

Sen. Walker

Asks if there is an alternative if this bill is not implemented.

435

Judge McKnight

Says, no.

TAPE 38, B

012

Brian DeLeshmutt

Oregon Council of Police Associations (OCPA).  Introduces Liz Cruthers.

017

Liz Cruthers

OCPA.  Testifies in opposition to SB 49, and as neutral on SB 300.  States concern about the federal exemption.

041

Vice Chair Burdick

Asks if there isn’t already protection.

046

Cruthers

Says, no.

068

DeLashmutt

Gives further clarification.

089

Sen. Walker

Asks if there is support of SB 49 if the provision for protection of police officers is included.

098

DeLashmutt

Says, yes.

116

Sen. Walker

Asks if the federal exemption is working.

123

DeLashmutt

States he does not know.

141

Lee Anderson

Portland Firearms Training Team.  Testifies in opposition to SB 49.

198

Chair Minnis

Asks for clarification of methodology.

201

Anderson

Says firearms training and education, along with a change in attitude, is needed.

234

Roy Sutton

Private citizen, Linn County.  Testifies in opposition to SB 49.

334

Chair Minnis

Asks for additional information on his hearing.

342

Sutton

Gives date and place of hearing.  Continues his testimony in opposition to SB 49.

448

Chair Minnis

Closes the joint public hearing on SB 49 and SB 300 and adjourns the meeting at 10:05 a.m.

 

EXHIBIT SUMMARY

 

A – SB 303, written testimony submitted by Ann Christian, 2 pp

B – SB 300, written testimony submitted by Sybil Hebb, 3 pp

C – SB 49, written testimony submitted by Lisa Naito, 11 pp

D – SB 49, -2 amendments submitted by staff, 1 p

E – SB 49, written testimony submitted by Lonnie Feather, 1 p


 

 

F – SB 49, written testimony submitted by Steve Doell, 1 p

G – SB 49, written testimony submitted for Michael Schrunk by Lisa Naito, 2 pp

H – SB 300, written testimony submitted by David Nebel, 2 pp

I – SB 49, written testimony submitted by Dan Saltzman 1 p