SENATE COMMITTEE ON JUDICIARY

 

 

March 03, 2003                                                                                                   Hearing Room 343

8:00 a.m.                                                                                                                       Tapes 45 - 46

 

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 115 Public Hearing          

                                                SB 245 Public Hearing and Work Session

                                                SB 348 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 45, A

004

Vice Chair Burdick

Lacking a quorum, calls the meeting to order at 8:15 a.m. as a sub-committee for the purpose of hearing public testimony on SB 115.

SB 115 PUBLIC HEARING

010

Michael Livingston

Department of Justice.  Submits testimony and testifies in support of SB 115 that provides that rules of evidence do not apply at shelter hearing (EXHIBIT A).

124

Vice Chair Burdick

Having a quorum, convenes as a full committee.

127

Craig Prins

Committee Counsel.  Provides an update on SB 115 for those committee members just arriving.

137

Sen. Ringo

Wonders about the use of the word “competency” in this statute.

145

Livingston

Says it is standard in juvenile code.

152

Sen. Ringo

Asks if there is a definition for “competency” in the code.

159

Livingston

Says, no.

161

Sen. Ringo

Expresses a desire to change the wording in SB 115.

183

Timothy Travis

Says the language appears in other places in the juvenile code and believes a change would cause confusion.


 

215

Vice Chair Burdick

Asks if the language in the juvenile code should be changed.

245

Livingston

Explains why this legislation is needed.

267

Sen. Ringo

States concern that words are being used that are not defined.

278

Vice Chair Burdick

Closes the public hearing on SB 155.

288

Chair Minnis

Opens a public hearing on SB 245 that breaks long statute dealing with suspension and revocation of driving privileges into several parts.

SB 245 PUBLIC HEARING

292

Kelly Taylor

Department of Transportation.  Submits testimony and testifies in support of SB 245 (EXHIBIT B).

322

Chair Minnis

Asks if this is a housekeeping bill.

305

Taylor

Says, yes.

340

Chair Minnis

Closes the public hearing on SB 245 and opens a work session.

SB 245 WORK SESSION

347

Vice Chair Burdick

MOTION:  Moves SB 245 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

353

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

360

Chair Minnis

Closes the work session on SB 245.  Recesses the meeting at 8:40 a.m.

361

Chair Minnis

Reconvenes the meeting at 9:00 a.m. and opens a public hearing on SB 348.

SB 348 PUBLIC HEARING

365

Sen. Rick Metsger

Senate District 26.  Submits testimony and testifies in support of SB 348 that expands crime of recklessly endangering another person to include driving motor vehicle while under influence of intoxicants when child is passenger in vehicle (EXHIBIT C).

422

Vice Chair Burdick

Asks if the incident mentioned would have been affected by this bill.

400

Sen. Metsger

Replies that it would have depended on the actual dates of birth.

441

Vice Chair Burdick

Asks how the 12-month age gap was decided on.

445

Sen. Metsger

Explains some of the research involved in determining the age gap.

470

Chair Minnis

Ask if the objective is to prevent persons under 18 being in cars with intoxicated individuals.

476

Sen. Metsger

Responds, yes.

TAPE 46, A

020

Craig Prins

Committee Counsel.  Clarifies his understanding of the “state of mind” aspect of this legislation.

034

Chair Minnis

Wonders about flexibility of fines.

043

Sen. Ringo

Expresses support for the bill, but states concern about a certain age group that is not addressed by this bill.

061

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in opposition to SB 348 (EXHIBIT D).

165

Chair Minnis

Says he does not see the original statute being changed or diminished by this bill.

170

Skye

Explains that it provides another way of proving recklessly endangering.

175

Chair Minnis

Agrees that it might need to be included in the DUII statutes.

186

Skye

Says there is no requirement in this bill that the driver be over the age of 18.

211

Chair Minnis

Closes the public hearing on SB 348 and adjourns the meeting at 9:20 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 115 written testimony submitted by Michael Livingston, 2 pp

B – SB 245 written testimony submitted by Kelly Taylor, 1 p

C – SB 348, written testimony submitted for Sandra Nelson by Sen. Rick Metsger, 2 pp

D – SB 348, written testimony submitted by Kelly Skye, 1 p

E – SB 348, written testimony of Jerome Cooper submitted by staff, 1 p