SENATE COMMITTEE ON JUDICIARY

 

 

March 24, 2003                                                                                             Hearing Room HR 343

8:00 a.m.                                                                                                                         Tape 66 - 68

 

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 742 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 66, A

004

Chair Minnis

Calls the meeting to order at 8:20 a.m. and opens a work session on SB 742 that creates a crime of terrorism.

SB 742 WORK SESSION

034

Craig Prins

Committee Counsel. Introduces -1 amendments to SB 742 (EXHIBIT A).

066

Vice Chair Burdick

Explains that she is moving the -1 amendments to SB 742 for purposes of discussion only.

073

Sen. Burdick

MOTION:  Moves to ADOPT SB 742-1 amendments dated 03/04/03.

 

 

VOTE:  6-0

075

Chair Minnis

Hearing no objection, declares the motion CARRIED.

082

Chair Minnis

Closes the work session on SB 742 and opens a public hearing.

SB 742 PUBLIC HEARING

091

Setsy LaRouche

Retired U.S. Army Major and President, Japanese American Citizens League (JACL).  Testifies in opposition to SB 742.

143

Dr. George Hara

Retired OB/GYN, Portland, Oregon. Testifies in opposition to SB 742.

412

Sen. Ferrioli

Asks Ms. LaRouche how she would suggest strengthening our ability to track and apprehend those who would destroy us.

435

LaRouche

Responds that she believes Section 2 of the bill weakens ORS 181.575 and 181.850.

474

Chair Minnis

Asks Dr. Hara if he has read the bill.

476

Dr. Hara

Says he read testimony of Portland Police Chief Kroeker, but not the whole bill.

TAPE 67, A

 

 

 

023

Ramon Ramirez

President, Northwest Tree Planters and Farm Workers United. Submits testimony and testifies in opposition to SB 742 (EXHIBIT B).

095

Chair Minnis

Asks what part of Section 2 he believes is flawed.

096

Ramirez

Reads the first sentence of Section 2.

104

Chair Minnis

Asks when local government should not cooperate with the federal government as it relates to an investigation of a crime of terrorism.

119

Ramirez

Responds again that Section 2 repeals ORS 181.575.

140

Chair Minnis

Maintains the language does not repeal 181.575.

147

Sen. Ferrioli

Reads 181.575 and interprets it for the committee and audience.

185

Chair Minnis

Says it is important that the intent of Section 2 is completely clear.

191

Michael Dale

Attorney.  Testifies in opposition to SB 742.

312

Chair Minnis

Contends that the bill does not target one segment of a group.

315

Dale

Argues that it could be read that way.

334

Sen. Ringo

Asks if planning is covered by conspiracy.

337

Prins

Committee Counsel.  Says, yes.

339

Sen. Ringo

Asks if we add anything by adding the word “plan” that wouldn’t already be contained in our conspiracy statute.

342

Prins

Says he will read the definition of conspiracy for the committee.

348

Sen. Ringo

Wonders what the words “disrupt” and “destroy” refer to.

342

Chair Minnis

Reads the remainder of the sentence that clarifies what they refer to.

360

Dale

Says something that disrupts or destroys commerce is a strike.

368

Chair Minnis

Contends that the bill refers to when someone is seriously injured or killed.

269

Dale

Explains that his concern is that only one person intending violence would incriminate the group.

415

Patty Caldwell

Welches, Oregon. Submits testimony and testifies in opposition to SB 742 (EXHIBIT C).

TAPE 66, B

076

Chair Minnis

Asks how people might peacefully assemble and commit a terrorist act as described in the bill.

080

Caldwell

Explains how this might happen.

106

Sen. Ferrioli

Asks the difference between civil disobedience and criminal action.

109

Caldwell

Explains her understanding of the difference.


 

121

Sen. Ferrioli

Talks about the assembly in Portland.  Believes criminal intent would have to be proven.

151

Sen. Walker

Talks about the Portland demonstrations and believes that the protesters did not have intent to commit criminal acts.

162

Sen. Ferrioli

Discusses the inability to prove criminal intent within a peaceful demonstration.

179

Caldwell

Talks about her participation in the demonstration.

210

Rep. Floyd Prozanski

House District 8.  Discusses the language in the bill.  Wonders if Section 2 is necessary.

256

Sen. Ringo

Poses a question about throwing a rock and wonders if it could be considered a violent act.

262

Rep. Prozanski

Replies, yes, throwing a rock could be considered a violent act.

294

Sen. Ferrioli

Comments about the pre-disposition of an act.

305

Rep. Prozanski

Clarifies wording in the bill that addresses participating in an act of violence.  Believes the definitions used need to capture the individuals who actually carry out the acts of criminality.

324

Sen. Walker

Asks if rioting is covered under statute, and asks what the difference is between rioting and violent acts.

338

Rep. Prozanski

Says potentially individuals could be charged with both.

344

Sen. Ferrioli

Asks if he believes there are people in our community that are planning violent actions.

353

Rep. Prozanski

Maintains that it is definitely happening.

371

Chair Minnis

Asks for an interpretation of line 7, page 1 in the hand-engrossed bill.

377

Rep. Prozanski

Says it needs to be more clearly set forth.

400

Chair Minnis

Explains his purpose in drafting this bill.

415

Rep. Prozanski

Responds that he understands the intent.

429

Chair Minnis

Asks about the 25-year sentence.

431

Rep. Prozanski

Says it depends on how it is set up, and on the judge.

466

Sen. Ferrioli

Believes that citizens are confused about civil disobedience and criminal activity.

477

Rep. Prozanski

Believes this is true.

TAPE 67, B

032

Vice Chair Burdick

Explains that civil disobedience does not speak to the nature of the crime, it is an action knowing there are consequences.

039

David Fidanque

American Civil Liberties Union.  Submits testimony and testifies in opposition to SB 742 (EXHIBIT D).

143

Sen. Walker

Asks about files being kept by the Portland Police Department.

147

Fidanque

Explains how those files became public.

202

Chair Minnis

Asks about how oversight is accomplished.

204

Fidanque

Explains how it is done in Portland.

231

Chair Minnis

Believes that police agencies should not keep records that are no longer relevant to a criminal investigation.  Asks which agency promulgates these rules.

242

Fidanque

Says it is the Secretary of State’s office.

248

Chair Minnis

Asks if control of those rules is lost by connecting with the federal government.

252

Fidanque

Says the loss of control has already occurred.

279

Susan Russell

Oregon Criminal DefenseLawyers Association.  Submits testimony and testifies in opposition to SB 742 (EXHIBIT E).  Limits her comments to the -1 amendments.

421

Lynn-Marie Crider

Research Director, Oregon AFL-CIO.  Testifies in opposition to SB 742.

TAPE 68, A

055

Crider

Discusses Section 2 of the amendments.  Provides written material provided by the AFL-CIO (EXHIBIT F).

073

Sen. Ringo

Thanks those who have come to the committee today and believes they have made their voices loud and clear.  Believes that the bill is over-broad and there is much work to be done on it.

081

Chair Minnis

Agrees with Sen. Ringo. Closes the public hearing on SB 742 and adjourns the meeting at 10:18 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 742, -1 amendments submitted by staff, 10 pp

B – SB 742, written testimony submitted by Ramon Ramires, 6 pp          

C – SB 742, written testimony submitted by Patty Caldwell, 2 pp

D – SB 742, written testimony submitted by David Fidanque, 5 pp

E – SB 742, written testimony submitted by Susan Russell, 2 pp

F – SB 742, written testimony of AFL-CIO submitted by Lynn-Marie Crider, 3 pp

G – SB 742, written testimony submitted by Andrea Meyer, 1 p

H – SB 742, written testimony of Chief Mark Kroeker submitted by Andrea Meyer, 2 pp

I – SB 742, written testimony of Richard Ginsburg submitted by Andrea Meyer, 2 pp

J – SB 742, written testimony submitted by David Craven, 1 p

K – SB 742, written testimony submitted by Jaime Baird, 1 p

L – SB 742, written testimony submitted by Jill Davidson, 2 pp

M – SB 742, written testimony submitted by Dr. Oleg Kripkov, 1 p

N – SB 742, written testimony submitted by Peter Chabarek, 1 p

O – SB 742, written testimony submitted by Lawrence Birch, 1 pp

P – SB 742, written testimony submitted by Charles Fisher, 2 pp

Q – SB 742, written testimony submitted by Thad Buchanan, 1 p

R – SB 742, written testimony submitted by Dr. Munir Katul, 3 pp

S – SB 742, written testimony submitted by John Bergland, 2 pp

T – SB 742, written testimony submitted by S. Rowan Wolf, 1 p

U – SB 742, written testimony submitted by Michael Slocum, 1 p

V – SB 742, written testimony submitted by Maria Alvarez, 1 p

W – SB 742, written testimony submitted by Zochitl Esparza, 1 p

X – SB 742, written testimony submitted by Sally Sincic, 1 p

Y – SB 742, written testimony submitted by Sharon Scott, 1 p

Z – SB 742, written testimony submitted by Jerry Scott, 1 p

AA – SB 742, written testimony submitted by Lisa Melyan, 1 p

BB – SB 742, written testimony submitted by Jeanne Raymond, 1 p

CC – SB 742, written testimony submitted by Hope Marston, 1 p

DD – SB 742, written testimony submitted by Jules Bankoff, 1 p

EE – SB 742, written testimony submitted by Meg Blanchet, 1 p

FF – SB 742, written testimony submitted by Mel Bankoff, 1 p

GG – SB 742, written testimony submitted by Jerry Russell, 1 p

HH – SB 742, written testimony submitted by April Brenden-Locke, 1 p

II – SB 742, written testimony submitted by Mary Addams, 1 p

JJ – SB 742, written testimony submitted by James Keesey, 1 p

KK – SB 742, written testimony submitted by Jenny Schrader, 1 p

LL – SB 742, written testimony submitted by Robyn Steely, 1 p

MM – SB 742, written testimony submitted by Portia Foster, 1 p

NN – SB 742, written testimony submitted by Gerry Shapiro, 1 p

OO – SB 742, written testimony submitted by Patricia Gayle Foster, 1 p

PP – SB 742, written testimony submitted by Michael McIlrath, 2 pp

QQ – SB 742, written testimony submitted by Janet Brown, 1 p

RR – SB 742, written testimony submitted by Susan Skinner, 2 pp

SS – SB 742, written testimony submitted by William Blair, 1 p

TT – SB 742, written testimony submitted by Dennis Specht, 1 p

UU – SB 742, written testimony submitted by Charles & Barbara McLaughlin, 1 p

VV – SB 742, written testimony submitted by Rand Dawson, 1 p

WW – SB 742, written testimony submitted by John Edstrom, 1 p

XX – SB 742, written testimony submitted by Dr. Dorothy Mack, 1 p

YY – SB 742, written testimony submitted by James Patterson, 1 p

ZZ – SB 742, written testimony of ACLU – Oregon submitted by staff, 2 pp

AAA – SB 742, written testimony submitted by Claudia King, 1 p

BBB – SB 742, written testimony submitted by Donna  Grady, 1 p