SENATE COMMITTEE ON JUDICIARY

 

 

March 13, 2003                                                                                             Hearing Room HR 343

8:00 A.M.                                                                                                                     Tapes 57 - 58

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Peter Courtney, ex officio

 

MEMBER EXCUSED:          Sen. Charles Starr

Sen. Ted Ferrioli

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 397 Public Hearing

                                                SB 466 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 57, A

003

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on SB 397.

SB 397 PUBLIC HEARING

010

Shawn Miller

Oregon Grocery Association. Submits testimony and testifies in support of SB 397 that establishes three-year statute of limitation for civil action based on shoplifting or taking of agricultural produce (EXHIBIT A).

032

Shannon Poe

Winco Foods.  Submits testimony and testifies in support of SB 397 (EXHIBIT B).  Talks about the length of time it takes to track some shoplifters down and collect on debts incurred.

060

Chair Minnis

Asks what statute applied in the example given.

063

Miller

Says it was ORS 12.130, a law that was created in the late 1800’s.

115

Chair Minnis

Expresses concern about the retroactive portion of the bill.

122

Bill Joseph

Committee Counsel. Advises that getting rid of that portion would eliminate any potential problem.  Asks if there is a problem with eliminating that part of the bill.

134

Miller

Says it is not a problem.

137

Sen. Ringo

Comments about the statute of limitation on conversion already being six years.

144

Chair Minnis

Considers the options.

155

Miller

Says he would be very supportive of a cross-reference in the statutes.

164

Joseph

Advises the need to look into the issue further.

172

Chair Minnis

Suggests getting rid of the retro section.  Closes the public hearing on SB 397 and opens a public hearing on SB 466.

SB 466 PUBLIC HEARING

181

Craig Prins

Committee Counsel.  Explains that SB 466 creates crimes of unlawful use of theft detection shielding device and unlawful use of theft detection device deactivator or remover.

190

Julie Brandis

Associated Oregon Industries.  Submits testimony and testifies in support of SB 466 (EXHIBIT C).

274

Sen. Walker

Asks about the manufacture of detection shielding devices.

287

Brandis

Replies that she is not sure if there is intentional manufacture of such a product.

321

Vice Chair Burdick

Wonders about creating a crime of intent instead of enhancing the penalty.

341

Brandis

Replies that this legislation is modeled after what other states have done.

376

Chair Minnis

Asks for clarification from committee counsel of intent to shoplift.

386

Prins

Explains what would be considered intent by a prosecutor.

416

Vice Chair Burdick

 Explains that she would like to review other approaches used in last session’s bills.

444

Sen. Courtney

Asks when SB 739, relating to a similar crime, will be heard.

448

Brandis

Says SB 739 will be heard on March 17 in the Business and Labor Committee.

452

Sen. Courtney

Asks for an understanding of “electronic” devices.

485

Shannon Poe

Winco Foods. Explains what electronic devices are.

TAPE 58, A

035

Sen. Courtney

Asks if one can be screened from a video camera as well.

040

Poe

Replies that being invisible to a video camera is impossible.

043

Chair Minnis

Talks about making the electronic devices inoperable.

057

Poe

Says in 12 years, he has only seen that happen once.

069

Brandis

Talks about the increase is shoplifting in Oregon.

078

Chair Minnis

Asks if Winco’s camera system in accessible through the internet.

089

Poe

Says, no.

092

Vice Chair Burdick

Asks if this law has been successful in the 20 other states having such a law.

093

Brandis

Explains it may be an overstatement.

111

Vice Chair Burdick

Asks if this version is the same as adopted by 20 other states.

113

Brandis

Explains that the model was modified by legislative counsel to fit Oregon statute.

125

Poe

Talks about a baby formula theft ring in Oregon.

143

Sen. Ringo

Asks counsel about other statutes that use the word “intent.”

146

Prins

Clarifies that theft is a specific intent crime already.  Suggests that the Oregon District Attorneys Association (ODAA) look at this bill.

179

Sen. Ringo

Asks if there is a crime of intending to commit theft.

182

Prins

Explains it is possible, but not likely.

207

Chair Minnis

Notes there is a crime of possessing equipment for the purpose of theft.

210

Prins

Clarifies this type of crime.

233

Sen. Ringo

Asks if conspiracy is prosecutable.

234

Prins

Explains that conspiracy is usually applied when the crime is not committed.

253

Sen. Ringo

Says he believes this bill does not get far enough into the problem.

262

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies as neutral on SB 466.  Suggests modifications.

280

Chair Minnis

Talks about a personal experience with a “booster.” Asks Sen. Burdick and Sen. Ringo to work with Julie Brandis and Susan Russell on amendments to SB 466.

321

Chair Minnis

Closes the public hearing on SB 466 and adjourns the meeting at 9:10 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 397, written testimony submitted by Shawn Miller, 1 p

B – SB 397, written testimony submitted by Shannon Poe, 1 p

C – SB 466, written testimony submitted by Julie Brandis, 3 p