SENATE COMMITTEE ON JUDICIARY

 

 

March 04, 2003   Hearing Room 343

8:00 a.m.  Tapes 47 - 48

 

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 305 Public Hearing

SB 306 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 47, A

003

Chair Minnis

Calls the meeting to order at 8:13 a.m. and opens a public hearing on SB 305 that provides that convictions for or records of person felonies are not subject to being set aside or expunged.

SB 305 PUBLIC HEARING

007

Alfred French

Oregon District Attorneys Association (ODAA).  Testifies in support of SB 305.  Explains that it would change ORS 137.225 that allows people to seal certain convictions as if they never appeared.

082

Chair Minnis

Asks for clarification of expungement.

092

French

Explains the theory of expungement.

098

Chair Minnis

Requests further clarification of its legal effect.

100

French

Explains that the crime is not erased, it is sealed, and an individual can legally say they have never been convicted of a crime.

140

Vice Chair Burdick

Asks if juveniles are treated the same as adults.

156

French

Explains that they are.

172

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Submits testimony and testifies in opposition to SB 305 (EXHIBIT A).

307

Chair Minnis

Asks if there is support for certain changes in the wording.

316

Russell

Believes the changes would be appropriate.

324

Chair Minnis

Asks about another change from “clear and convincing evidence” to “preponderance of the evidence.”

326

Russell

Thinks that change would also be appropriate.

335

Vice Chair Burdick

Asks if the burden of proof is on the district attorney.

343

Russell

Says, yes.

359

Vice Chair Burdick

Asks about an extension of the time period.

365

Russell

Agrees that it is a better approach.

395

Vice Chair Burdick

Asks if expungement is available for A and B felonies.

397

Russell

Replies, not under any circumstances.

410

Chair Minnis

Wonders what the logic was for not allowing expungement of an A or B felony.

420

Russell

Replies that that those are sufficiently aggravated and should not be considered.

423

Chair Minnis

Asks how many of these kinds of cases are heard each year.

430

Russell

Says she will get that information for the committee.

458

Carl Myers

Oregon Juvenile Department Directors Association.  Testifies in opposition to SB 305 as it relates to juvenile convictions.

494

Chair Minnis

Closes the public hearing on SB 305 and recesses the meeting at 8:40 a.m.

TAPE 48, A

020

Chair Minnis

Reconvenes the meeting at 9:00 a.m. and opens a public hearing on SB 306.

SB 306 PUBLIC HEARING

026

Alfred French

Oregon District Attorneys Association (ODAA). Testifies in support of SB 306 that changes mental state for crime of failure to appear from intentional to knowing.

074

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Submits testimony and testifies in opposition to SB 306 (EXHIBIT B).

158

Vice Chair Burdick

Discusses confusion of court dates and failure to appear.

164

Russell

Explains cases where failure to appear is legitimate.

184

Chair Minnis

Asks if the court would set another date before proceeding to a subsequent criminal prosecution.

189

Russell

Says she sees very few “failure to appear” cases in Multnomah County, but it would depend on the county.

242

Sen. Walker

Says she is aware of many failure to appear cases, and wonders if changing the mental state from intentionally to knowingly would reduce the number of failure to appear cases.

355

Russell

Believes the wording is not going to be a deterrent.

377

Chair Minnis

Closes the public hearing on SB 306 and opens a work session.

SB 306 WORK SESSION

280

Vice Chair Burdick

MOTION:  Moves SB 306 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

284

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

287

Chair Minnis

Closes the work session on SB 306 and adjourns the meeting a 9:20 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 305, written testimony submitted by Susan Russell, 1 p

B – SB 306, written testimony submitted by Susan Russell, 1 p