SENATE COMMITTEE ON JUDICIARY

 

 

March 18, 2003                                                                                             Hearing Room HR 343

8:00 a.m.                                                                                                                       Tapes 60 - 61

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Charles Starr

 

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 564 Public Hearing

                                                SB 505 Public Hearing

                                                SB 731 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 60, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on SB 564.

SB 564 PUBLIC HEARING

010

Sen. Jason Atkinson

Senate District 2.  Testifies in support of SB 564 that creates crime of assaulting law enforcement animal, and introduces Cpl. Jeff Geddings.

018

Cpl. Jeff Geddings

Grants Pass Department of Public Safety.  Submits testimony and testifies in support of SB 564 (EXHIBIT A).  Discusses -1 amendments (EXHIBIT B).

075

Vice Chair Burdick

Asks for clarification of the penalty for this crime.

080

Cpl. Geddings

Says he is asking that the penalty be a Class C, level six offense.

093

Vice Chair Burdick

Asks if he would be satisfied with the penalty of criminal mischief if the burden of proof is changed.

099

Cpl. Geddings

Explains that he would like a separate statute pertaining to law-enforcement animals.

105

Chair Minnis

Wonders how one would distinguish between a law-enforcement animal and any other.

112

Cpl. Geddings

Says all law-enforcement animals wear some kind of identifying mark.

132

Sen. Ferrioli

Wonders how often a police or law-enforcement animal is injured.

136

Cpl. Geddings

Says he does not have specific statistics.

145

Sen. Ferrioli

Asks if dogs are allowed to bite a suspect after they have been subdued and wonders what controls are used.

160

Cpl. Geddings

Says that dogs are used for search and apprehending and that biting a suspect is not an appropriate use of a canine.

182

Sen. Ringo

Asks why the statute changes “intentional” to “reckless.”

188

Cpl. Geddings

Explains that sometimes it is hard to determine intent.

206

Craig Prins

Committee Counsel.  Clarifies the bill’s difficult language.

244

Sen. Ringo

Expresses concern about reducing the level of intent required because it is hard to get the evidence.

262

Prins

Explains the difficulty in proving intent.

294

Chair Minnis

Asks how serious physical injury would be proved over physical injury.

298

Prins

Explains what is considered serious physical injury.

329

Vice Chair Burdick

Asks how “intentionally”, “recklessly”, and “knowingly” would be proven.

332

Prins

Explains how these terms would be used in a trial situation.

388

Sen. Ringo

Asks if the language should include “knowingly” instead of “recklessly.”

392

Prins

Contends it is a policy decision that the committee must make.

379

Cpl. Geddings

Explains how a firearm can be accidentally triggered.

412

Chair Minnis

Questions how the intentional act of injuring an animal is determined.

433

Cpl. Geddings

Explains situations where intent is not witnessed.

TAPE 61, A

022

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA).  Submits testimony and testifies in opposition to SB 564 (EXHIBIT C).

095

Vice Chair Burdick

Questions the example of giving a dog a bar of chocolate as reaching the standard of recklessness.

099

Russell

Says it is an example of both knowingly and recklessly.  Says that the penalty for assault or death of a dog under this bill would be harsher than that of a police officer.

217

Chair Minnis

Asks for a definition of “in the course of duty” for a law-enforcement animal.

220

Russell

Explains her understanding of the term.

240

Sen. Walker

Expresses concern that an off-duty animal could possibly be injured.

254

Chair Minnis

Wonders if the -1 amendments help resolve the objection.

263

Russell

Says the amendments are not useful.

280

Sen. Ferrioli

Questions the purpose of the bill.

294

Cpl. Geddings

Explains his purpose in proposing SB 564.

321

Sen. Walker

Asks if “in the performance of duty” should be criteria for the penalty.

329

Cpl. Geddings

Says it should not necessarily be the only criteria.

334

Chair Minnis

Expresses his desire to see the bill rewritten and offers some new language, including the -1 amendments.

409

Chair Minnis

Closes the public hearing on SB 564 and opens a public hearing on SB 505.

SB 505 PUBLIC HEARING

416

Ken McDermott

Leg. Asst. to Sen. Charles Starr.  Testifies in support of SB 505 that requires Board on Public Safety Standards and Training to accept documentation that applicant met home school requirements as equivalent to high school diploma, graduation or transcript for purposes of certification, accreditation and training of public safety personnel and instructors.

TAPE 60, B

032

Dianne Middle

Director, Department of Public Safety Standards and Training (DPSST).  Submits testimony and testifies as neutral on SB 505 (EXHIBIT D).

055

Sen. Walker

Asks what the standards are for home schooling.

064

McDermott

Explains the standards for home schooling accreditation.

078

Sen. Walker

Asks who gives the tests.

085

McDermott

Explains the testing is administered by neutral persons qualified by rule.

103

Bob Siewert

Oregon Department of Education.  Discusses consistent criteria required in home schooling.

115

Chair Minnis

Asks if the same standards apply to graduates from public high schools.

119

Siewert

Says, no.

127

Vice Chair Burdick

Believes that grades are the standard for public high schools.

133

Chair Minnis

Asks about the “No Child Left Behind Act.”

136

Siewert

Discusses the requirements of the “No Child Left Behind Act.”

146

Chair Minnis

Closes the public hearing on SB 505 and recesses the meeting at 9:22 a.m.

151

Chair Minnis

Re-convenes the meeting at 9:35 a.m. and opens a public hearing on SB 731.

SB 731 PUBLIC HEARING

145

Chair Minnis

Explains that SB 731, that creates cause of action against state for injuries from actions by police officer under certain circumstances, is a bill he has sponsored.

194

Dianne Middle

Director, Department of Public Safety Standards and Training (DPSST). Testifies as neutral on SB 731.  Discusses the inadequacy of police training provided at DPSST and the need to extend training time. Says the national average is 20 to 24 weeks.

350

Chair Minnis

Asks where training is headed in the future.

359

Middle

Says there will be a delay due to budgetary restraints, but a 16-week training program is the goal.  Discusses plans for regional training sites for continuing education.

416

Chair Minnis

Asks how much training police officers get on statutory and constitutional law.

420

Middle

Says she will provide a breakdown of how much time is spent on each element of their training.

460

Sen. Walker

Asks if a college education is needed to enter the police academy.

466

Middle

Says current minimum standard is a high school education.

480

Sen. Walker

Expresses grave concern about the minimum requirement.

488

Chair Minnis

Asks if work is being done at a federal level on national standards.

500

Middle

Says there is no formal group setting a national standard.

TAPE 61, B

026

Chair Minnis

Asks how DPSST is funded.

029

Middle

Explains how they are funded.

033

Vice Chair Burdick

Asks how recruits are selected and what happens if they prove to be unsuited.

040

Middle

Details the processes.

044

Vice Chair Burdick

Asks how aggressive behaviors are handled.

050

Middle

Explains that aggressive behavior is found during training and handled accordingly.

061

Vice Chair Burdick

Asks if there is a follow-up procedure to see how officers are doing in their first year of duty.

061

Middle

Explains the procedure which includes a survey sent to the employing agency.

069

Chair Minnis

Asks about the follow-up with regard to disciplinary action needed.

079

Middle

Says DPSST is obligated to take action on any report of improper action.

104

Sen. Walker

Asks if there currently is continuing education and training.

107

Middle

Says most agencies have some continuing training.

111

Sen. Walker

Expresses concern about the short period of training.

158

Chair Minnis

Discusses the fiscal impact.  States his disappointment that several agencies, including the Governor’s office did not appear to discuss SB 731. Closes the public hearing on SB 731 and adjourns the meeting at 10:06 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 564, written testimony submitted by Cpl. Jeff Geddings, 5 pp

B – SB 564, -1 amendments dated 3/17/03 submitted by staff, 1 p

C – SB 564, written testimony submitted by Susan Russell, 2 pp

D – SB 505, written testimony submitted by Dianne Middle, 2 pp