SENATE COMMITTEE ON JUDICIARY

 

 

February 27, 2003                                                                                               Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 43-44

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ted Ferrioli

                                                Sen. Charles Starr

 

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 302 Public Hearing

                                                SB 301 Public Hearing

SB 299 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 43, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on SB 302.

SB 302 PUBLIC HEARING

014

Craig Prins

Committee Counsel.  Introduces SB 302 that requires person petitioning for driving while under the influence of intoxicants diversion agreement to file guilty plea as part of petition.

028

Joshua Marquis

Oregon District Attorneys Association (ODAA).  Testifies in support of SB 302.  Mentions the letter from Jerome Cooper, Governor’s Advisory Committee, supporting SB 302 (EXHIBIT A).  Says the savings would be substantial.

121

Vice Chair Burdick

Asks how many other states have a diversion program.

125

Marquis

Advises that there were about 15 that responded to the inquiry.

131

Vice Chair Burdick

Asks for clarification of the 60-day deadline to enter into diversion.

136

Marquis

Explains reasons for changing the deadline from 30 days to 60 days.

153

Sen. Ringo

Inquires about the agreement that the defendant pay attorneys fees.


 

155

Marquis

Explains the benefit of a low-cost diversion program as opposed to legal fees.

169

Sen. Ringo

Wonders about those who cannot pay anything.

172

Marquis

Says under the law, a court cannot make a person pay who has no capacity to pay.

187

Sen. Ringo

Discusses attorney fees.

204

Sen. Walker

Asks about the cost of the diversion program.

199

Marquis

Explains that the fee for the program is about $300, plus the cost of treatment.

216

Sen. Walker

Expresses concern that district attorneys have so much power.

229

Marquis

Explains the working relationship between the district attorneys and the bench.

253

Sen. Walker

Asks about the use of “good cause.”

240

Marquis

Explains that it gives discretion to the court.

264

Sen. Walker

Asks for an understanding of the diversion program.

269

Marquis

Explains the program.

299

Vice Chair Burdick

Wonders who determines if diversion has been successful.

302

Marquis

Says the treatment providers determine the success or failure of a person in diversion.

311

Vice Chair Burdick

Asks for an example of how the process works.

315

Marquis

Gives an example.

343

Gina Skinner

Deputy District Attorney, Washington County. Testifies in support of SB 302.  Discusses the number of DUII litigations per day in Washington County.

422

Kamala Shugar

Oregon District Attorneys Association. Testifies in support of SB 302.

TAPE 44, A

010

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Submits testimony and testifies in opposition to SB 302 (EXHIBIT B).

128

Sen. Walker

Asks why defendants that are not guilty are not eligible for diversion.

132

Russell

Explains that SB 302 requires a person to plead guilty in order to be eligible for the diversion program.

180

Chair Minnis

Says the program is a privilege not a right.

190

Sen. Ringo

Asks if this bill will save money.

198

Russell

Says there may be some savings.

223

Sen. Ringo

Asks what the net result would be.

226

Russell

Says there is no definitive answer.

255

Ann Christian

Oregon Judicial Department.  Testifies as neutral on SB 302.

369

Chair Minnis

Says he agrees in saving resources, but would like more information.

388

Christian

Says she needs some time to research the net savings.

424

Sen. Walker

Asks if a bill in 1995 passed.

426

Christian

Responds, no.

445

Chair Minnis

Closes the public hearing on SB 302 and opens a public hearing on SB 301.

SB 301 PUBLIC HEARING

451

Craig Prins

Committee Counsel. Explains SB 301 that creates crime of unlawful imprisonment.

467

Gina Skinner

Oregon District Attorneys Association (ODAA). Testifies in support of SB 301.

TAPE 43, B

062

Vice Chair Burdick

Asks about exemption of legal authority.

068

Skinner

Says probable cause would be requirement enough.

088

Chair Minnis

Says the language as it stands is appropriate.

098

Vice Chair Burdick

Wonders about the definition of imprisonment as it might apply to a minor.

108

Kamala Shugar

Explains that ORS 161.205 has specific justification for behavior by a parent or guardian.

138

Vice Chair Burdick

Brings up the issue of what constitutes confinement.

162

Skinner

Talks about how confinement is defined in the kidnapping statute.

183

Shugar

Discusses possible language for an amendment.

244

Vice Chair Burdick

Asks about “no cause” for an arrest.

247

Shugar

Explains the possible penalty.

274

Sen. Ringo

Asks what charge was available in the example given.

280

Skinner

Says the charge was coercion with a firearm.

295

Sen. Ringo

Asks what a category 5 offense involves.

297

Skinner

Reads from the chart of offenses.

348

Sen. Ringo

Expresses concern that there is no time element involved.

353

Shugar

Says the proposed amendment would deal with that.

392

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA) Submits testimony and testifies in opposition to SB 301 (EXHIBIT C).

460

Chair Minnis

Gives an example and asks what the crime would be.

485

Russell

Says it is a crime of coercion.

TAPE 44, B

022

Russell

Continues with testimony in opposition to SB 301.

058

Chair Minnis

Believes that prosecutors should have every possible tool at their disposal.

060

Russell

Contends that coercion covers these crimes.

080

Sen. Ringo

Discusses the need for limits.

090

Russell

Clarifies how coercion works.

127

Chair Minnis

Asks for cooperation in writing a statute that is better defined.

142

Sen. Ringo

Asks for a comparison of the language in this bill with that of the kidnapping statute.

144

Russell

Believes that it refers to one’s liberty, not a time frame.

149

Sen. Ringo

Talks about kidnap cases, and the movement of a person from one place to another being “substantially interfered” with.

154

Russell

Explains that the law says any movement would apply.

158

Sen. Ringo

Asks counsel for further clarification.

160

Prins

Responds that he will get written information.

177

Russell

Discusses alternatives to a charge of kidnap.

195

Chair Minnis

Closes the public hearing on SB 301 and opens a public hearing on SB 299.

SB 299 PUBLIC HEARING

202

Tom Mahon

Private Citizen, Salem, OR.  Submits testimony and testifies as neutral on SB 299 that creates offense of unlawful viewing of display screen of electronic device (EXHIBIT D).

285

Sen. Ringo

Suggests that reference to the electronic device should be clarified as a television screen, whether broadcast or taped.

302

Jim Botwinis

Oregon State Police Officers’ Association.  Submits testimony and testifies in support of SB 299 (EXHIBIT E).  Gives a personal account.

370

Sgt. Curt Curtis

Sergeant, Oregon State Police.  Submits testimony and testifies as neutral on SB 299 (EXHIBIT F).  Suggests some language to amend the bill.

434

Al Elkins

Oregon Tow Truck Association.  Testifies in opposition to SB 299.

462

Chair Minnis

Asks about GPS equipment.

470

Sgt. Curtis

Explains how the GPS equipment works.

486

Chair Minnis

Asks what constitutes operating a motor vehicle.

502

Craig Prins

Committee Counsel.  Explains that there are some cases where operating a motor vehicle would include sitting in, not actually driving the vehicle.

519

Chair Minnis

Closes the public hearing on SB 299 and adjourns the meeting at 10:10 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 302, written testimony of Jerome Cooper submitted by Josh Marquis, 2 pp

B – SB 302, written testimony submitted by Susan Russell, 1 p


 

 

 

C – SB 301, written testimony submitted by Susan Russell, 1 p

D – SB 299, written testimony submitted by Thomas Mahon, 1 p

E – SB 299, written testimony submitted by Jim Botwinis, 3 pp

F – SB 299, written testimony submitted by Curt Curtis, 2 pp