SENATE COMMITTEE ON JUDICIARY

 

 

March 12, 2003                                                                                             Hearing Room HR 343

8:00 a.m.                                                                                                                         Tapes 55-56

 

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 315 Public Hearing and Work Session

                                                SB 421 Public Hearing

                                                SB 342 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 55, A

004

Chair Minnis

Calls the meeting to order at 8:14 a.m. and opens a public hearing on SB 315 that  revises laws regarding driver duties to certain pedestrians.

SB 315 PUBLIC HEARING

012

Sen. Ginny Burdick

Senate District 18.  Submits testimony and testifies in support of SB 315 (EXHIBIT A).  Introduces Commander Mike Garvey and Ellen Vanderslice.  Presents written testimony of John Moffat (EXHIBIT B), and Patrick Hess (EXHIBIT C).

044

Cmdr. Mike Garvey

Portland Police Department, Traffic Division. Testifies in support of SB 315.

067

Sen. Ferrioli

Asks for clarification of the language in SB 315.

075

Cmdr. Garvey

Explains the language referring to adjacent lanes of traffic.

102

Sen. Ferrioli

Talks about the location of the pedestrian in relation to adjacent lanes.

109

Cmdr. Garvey

Clarifies his interpretation of the bill.

143

Ellen Vanderslice

President, Willamette Pedestrian Coalition.  Submits testimony and testifies in support of SB 315 (EXHIBIT D).

184

Chair Minnis

Talks about pedestrians who violate traffic control devices.

204

Vanderslice

Provides some historical background.

259

Sen. Ferrioli

Discusses the urban traffic problems and wonders if education of traffic laws might be better than changing the law.

284

Cmdr. Garvey

Says that as times change, the need for additional regulation is a fact of life.

347

Sen. Walker

Relates her personal experience being hit in a crosswalk.

374

Chair Minnis

Suggests adding an additional assessment for a pedestrian violation, giving the assessment to the city to be used for enforcement.

380

Cmdr. Garvey

Thinks the idea of funds going to the city is excellent.  Expresses his support of SB 315.

424

Sen. Ringo

Expresses his approval of SB 315 as written.

432

Chair Minnis

Closes the public hearing on SB 315 and opens a work session.

SB 315 WORK SESSION

443

Vice Chair Burdick

MOTION:  Moves SB 315 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

445

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

460

Chair Minnis

Closes the work session on SB 315 and opens a public hearing on SB 421 which directs Oregon Criminal Justice Commission to classify manslaughter in second degree and criminally negligent homicide as crime category 9.

SB 421 PUBLIC HEARING

TAPE 56, A

010

Anne Pratt

Lane County, Oregon.  Submits testimony and testifies in support of SB 421 (EXHIBIT E).  Reads a statement from Mothers Against Drunk Drivers (MADD).

122

Bruce  Pratt

Lane County, Oregon.  Submits testimony and testifies in support of SB 421 (EXHIBIT F).

209

Janet Lovelace

Crime Victims United.  Submits testimony and testifies in support of SB 421 (EXHIBIT G).

284

Marie Armstrong

MADD.  Submits testimony and testifies in support of SB 421. (EXHIBIT H).

423

Chair Minnis

Thanks the panel for their testimony.

428

Sen. Ferrioli

Thanks the testifiers for bringing the reality of this issue to the committee.

435

Sen. Walker

Thanks the panel for their testimony and expresses her admiration for their strength to share their messages.

459

Carrie Rasmussen

Oregon District Attorneys Association (ODAA), Marion County.  Testifies in support of SB 421.  Says this crime deserves a harsher punishment.

TAPE 55, B

076

Sen. Walker

Asks for clarification of a measure 11 crime of assault in the first degree.

076

Rasmussen

Explains the sentencing.  Continues her testimony in support of SB 421.

116

Sen. Ringo

Asks for the difference between criminally negligent homicide and manslaughter in the first degree.

115

Rasmussen

Explains the differences.

124

Sen. Ringo

Expresses his concern for the unintended consequences of this legislation.

156

Rasmussen

Responds to his concern.

169

Sen. Ringo

Asks if there is a way to focus this legislation on drunk driving.

172

Rasmussen

Believes many other conducts rise to the level of a category 9.

176

Sen. Ringo

Describes a tragedy with which he is personally familiar. Asserts that drunk driving needs to be singled out.

209

Vice Chair Burdick

Asks if there should be an enhancement for crimes committed under the influence.

218

Rasmussen

Replies that it might be possible.

234

Vice Chair Burdick

Wonders if it might lower the fiscal impact of this legislation.

243

Rasmussen

Discusses aggravated and mitigating factors.

263

Sen. Ferrioli

Wonders how to get people’s attention regarding drunk driving besides by increasing the penalty.

322

Rasmussen

Responds to his comments.

345

Chair Minnis

Says he believes this bill can be amended to focus on the drunk driver.

379

Lovelace

Explains further the condition of her daughter’s death, expresses her feeling that the bill should not be tied solely to drunk driving.

419

Steve Doell

Crime Victims United. Talks about gross negligence.

TAPE 56, B

005

Chair Minnis

Explains the need to make sure the bill has a reasonable fiscal impact for it to go anywhere.

011

Doell

Wonders about vehicular negligent homicide being made a part of this bill.

018

Sen. Ringo

Clarifies the need to look at the broad scope of behavior.

059

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 421.  Proposes a possible way to focus specifically on drunk driving crimes.

166

Chair Minnis

Closes the public Hearing on SB 421 and opens a public hearing on SB 342.

SB 342 PUBLIC HEARING

174

Laird Funk

Josephine County, Oregon.  Testifies in opposition to SB 342 which provides that for purposes of crime of possession of controlled substance person possesses controlled substance if person intentionally consumes controlled substance and certain other circumstances are present.


 

216

Chair Minnis

Closes the public hearing on SB 342 and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 315, written testimony submitted by Sen. Ginny Burdick, 1 p

B – SB 315, written testimony submitted for John Moffat by Sen. Ginny Burdick, 1 p

C – SB 315, written testimony submitted for Patrick Hess by Sen. Ginny Burdick, 2 pp

D – SB315, written testimony submitted by Ellen Vanderslice, 1 p

E – SB 421, written testimony submitted by Anne Pratt, 12 pp

F – SB 421, written testimony submitted by Bruce Pratt, 11 pp

G – SB 421, written testimony submitted by Janet Lovelace, 1 p

H – SB 421, written testimony submitted by Marie Armstrong, 2 pp

I – SB 421, written testimony submitted for Phillip Lemman by staff, 1 p