SENATE COMMITTEE ON JUDICIARY

 

 

March 06, 2003                                                                                                   Hearing Room 343

8:00 a.m.                                                                                                                      Tapes 51 – 52                       

 

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 308 Public Hearing

                                                SB 307 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 51, A

003

Chair Minnis

Calls the meeting to order at 8:14 a.m. and opens a public hearing on SB 308.

SB 308 PUBLIC HEARING

012

Alfred French

Oregon District Attorneys Association.  Submits testimony of Mark Huddleston and testifies in support of SB 308 that prohibits disclosure of personal financial information of victims and witnesses to defendants in criminal cases (EXHIBIT A).  Makes a suggestion for a language change in section 2, page 2.

081

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 308.  Suggests there will be increased financial costs to the defendants.

121

Chair Minnis

Wonders about a person’s date of birth being germane to the witnesses.

125

Russell

Believes it may be relevant under certain circumstances.

149

Sen. Ringo

Asks if there is opposition to the suggested language change in section 2, page 2.

153

Russell

Says there are concerns about the piece-mill approach to identity theft.

183

Chair Minnis

Says it is his intent to bring all aspects of identity theft together.

191

Craig Prins

Committee Counsel.  Asks for clarification of a defendant’s representation by a lawyer.

204

Russell

Explains her understanding of the bill regarding representation.

219

Chair Minnis

Asks what the penalty for violating this law would be.

225

French

Says it would be a penalty of contempt.

230

Ann Christian

Department of Justice. Testifies as neutral on SB 308.  Discusses the potential fiscal impact.

290

Chair Minnis

Questions why a defense attorney would need a legal assistant to review a report.

300

Christian

Agrees that it should be done by the defense attorney.

324

Chair Minnis

Closes the public hearing on SB 308, and opens a public hearing on SB 307.

SB 307 PUBLIC HEARING

328

Alfred French

Oregon District Attorneys Association. Testifies in support of SB 307 that prohibits voluntary use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication as defense.

TAPE 52, A

020

Vice Chair Burdick

Asks if there is a lesser charge if proof of intent is not found.

028

French

Explains circumstances of a lesser charge.

065

Sen. Ringo

Talks about the level of intent being fundamental to sentencing.

076

French

Agrees that it does in homicide and assault cases.

080

Sen. Ringo

Asks if the jury decides if a person is intoxicated enough not to have the appropriate level of intent.

084

French

Says, yes.

098

Sen. Ringo

States his belief in the importance of trusting juries, and that the level of intent is critical.

112

Chair Minnis

Discusses his experience as a sex crimes investigator.

144

Susan Russell

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in opposition to SB 307 (EXHIBIT B).

200

Chair Minnis

Asks if cases are not already being litigated.

202

Russell

Says some cases are.

220

Chair Minnis

Asks about pre-trial motions using an example.

212

Russell

Says some of these duel diagnoses issues are medical issues.

250

Chair Minnis

Talks about intent in a crime, gives an example.

311

Russell

Continues testimony giving examples of cases in which alcohol and other drugs are used.

342

Sen. Ringo

Wonders why a jury wouldn’t decide in the case described.

361

Russell

Continues giving examples of cases.

TAPE 51, B

029

Chair Minnis

Asks about the voluntary versus involuntary use of drugs.

032

Russell

Explains her interpretation of the two.

048

Chair Minnis

Discusses a possible change of wording in the bill.

063

Russell

Agrees it would be preferable over the current writing.  Finalizes testimony by discussing incarceration of mentally ill persons.

096

French

Responds to the proposed changes to the bill. 

121

Sen. Ringo

Asks how the courts look at a defense of this type.

131

French

Says they are not well received by a jury.

145

Chair Minnis

Wonders if this legislation should deal with felony cases only.

147

French

Does not agree.

126

Chair Minnis

Closes the public hearing on SB 307 and adjourns the meeting at 9:20 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 308, written testimony submitted for Mark Huddleston by Alfred French, 1 p

B – SB 307, written testimony submitted by Susan Russell, 2 pp