SENATE COMMITTEE ON JUDICIARY

 

 

March 31, 2003                                                                                             Hearing Room HR 343

8:00 a.m.                                                                                                                       Tapes 77 - 78

 

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

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 641 Public Hearing and Work Session

                                                SB 729 Public Hearing

                                                SB 610 Public Hearing

                                                SB 732 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 77, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on SB 641.   

SB 641 PUBLIC HEARING

007

Ann Christian

Testifies in support of SB 641 that authorizes post-conviction court to order petitioner to repay costs related to provision of appointed counsel.

017

Chair Minnis

Closes the public hearing on SB 641 and opens a work session.

SB 641 WORK SESSION

018

Vice Chair Burdick

MOTION:  Moves SB 641 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

020

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

024

Chair Minnis

Closes the work session on SB 641 and opens a public hearing on SB 729.


 

SB 729 PUBLIC HEARING

042

David Schmierbach

Oregon State Police. Submits testimony and testifies as neutral on SB 729 that requires person convicted of Class A misdemeanor to provide blood or buccal sample (EXHIBIT A).  Says they are in favor of the policy, but funding at 1.98 million dollars is a problem.

120

Chair Minnis

Introduces the -1 amendments and asks if Mr. Schmierbach has seen them (EXHIBIT B).

128

Schmierbach

Replies that he has not.

141

Chair Minnis

Asks if there is a pattern of crime within the same kind of criminal activity.

152

Schmierbach

Responds that there is no pattern in criminal activity.

149

Kevin Campbell

Oregon Association of Chiefs of Police.  Testifies in support of SB 729.

211

Chair Minnis

Asks what type of person is hired as a forensic scientist.

216

Schmierbach

Explains the background of a potential hire.  Explains that the -1 amendments would take care of the concerns of the Chiefs of Police.

246

Chair Minnis

Asks how forensic science fits into priorities.

249

Schmierbach

Says that would be a question for the superintendent of the Oregon State Police.

259

Chair Minnis

States his belief in forensic science.

288

Vice Chair Burdick

Asks if DNA is as definitive as originally thought.

309

Schmierbach

Says the science is improving constantly.  Says it is close to providing an absolute identify.

333

Sen. Walker

Asks what a Class A misdemeanor would include.

335

Craig Prins

Committee Counsel.  Lists a number of Class A misdemeanors.

359

Vice Chair Burdick

Expresses concern about the broad scope of this bill.

419

Chris Stringer

Deputy District Attorney, Benton County, Oregon.  Testifies in support of SB 729.

439

Chair Minnis

Closes the public hearing on SB 729 and opens a public hearing on SB 610.

SB 610 PUBLIC HEARING

442

Craig Prins

Committee Counsel.  Introduces SB 610 that requires certain employers to allow employees who are crime victims to take leave from employment to attend criminal or juvenile proceedings or other proceedings at which crime victims have right to be present.

463

Sen. Kate Brown

Senate District 21.  Testifies in support of SB 610 and introduces the -1 amendments (EXHIBIT C).

TAPE 78, A

031

Vice Chair Burdick

Asks what impact there would be on business.

047

Sen. Brown

Responds that this bill would apply only to violent crimes.

056

Prins

Says delay is a part of any criminal system.

083

Sen. Brown

Says in Multnomah County people get a 24-hour notice.

088

Vice Chair Burdick

Asks if immediate family should be narrowed some to keep the disruption to employers down.

101

Sen. Brown

Explains that the bill would apply to employers with 25 or more employees only.  Believes there is some flexibility in the bill, but would be glad to look at the definition of immediate family.

109

Sen. Walker

Asks if leave would be paid or unpaid.

113

Sen. Brown

Explains that it could be both.

123

Prins

Explains how a case proceeds in a criminal matter.

147

Chris Stringer

Oregon District Attorneys Association.  Testifies in support of SB 610.

159

Vice Chair Burdick

Asks if it would be harmful to narrow the definition of immediate family.

161

Stringer

Explains there are a limited number of homicide cases, and in sex abuse cases, believes that narrowing the definition would be inappropriate.

198

Jason Barber

Crime Victims Assistance Section, Department of Justice.  Submits testimony and testifies in support of SB 610 and the -1 amendment (EXHIBIT D).

228

Craig Plunkett

Crime Victims United.  Submits testimony and testifies in support of SB 610 (EXHIBIT E).  Relates his story of the murder of his son.

314

Steve Doell

Crime Victims United.  Testifies in support of SB 610.  Suggests that defining the crime and immediate family would be important.

348

Chair Minnis

Wonders if designating an employer of 25 or more is too high.

365

Rebecca Gandy

Oregon Coalition Against Domestic and Sexual violence.  Testifies in support of SB 610.

388

Vice Chair Burdick

Asks what kind of family support people want in a hearing.

392

Gandy

Replies that the entire family is not needed but at least someone for moral support is very important.

412

Chair Minnis

Closes the public hearing on SB 610 and opens a public hearing on SB 732.

SB 732 PUBLIC HEARING

427

Craig Prins

Committee Counsel. Introduces SB 732 that mandates impoundment of vehicle upon conviction of driving while suspended or revoked.

480

Ann Pratt

Springfield, OR.  Submits testimony and testifies in support of SB 732 (EXHIBIT F). 

TAPE 77, B

090

Susan Lombard

Portland, OR. Submits testimony and testifies in support of SB 732 (EXHIBIT G).

142

Marie Armstrong

Mothers Against Drunk Driving.  Submits testimony and testifies in support of SB 732 (EXHIBIT H).

164

Sen. Ringo

Expresses his support of the testimony heard, and explains his concern about the constitutionality of a forfeiture law.

187

Sen. Walker

Wonders why, after having a license revoked 15 times, it wouldn’t be permanently removed.

200

Prins

Explains there are several kinds of suspensions and revocations.

218

Sen. Ringo

Asks what the maximum penalty is for driving while suspended.

221

Prins

Says it is treated in different ways depending on the reason for suspension.

244

Sen. Ringo

Asks if there is a penalty for repeated violations.

251

Prins

Says, technically, no.

258

Sen. Ringo

Believes there should be an increase in punishment for repeated driving while suspended citations.

268

Vice Chair Burdick

Asks about forfeiture as opposed to impoundment.

272

Prins

Says he will research that possibility.

283

Vice Chair Burdick

Says she would like to see forfeiture available as a penalty.

299

Rep. Jeff Barker

House District 28.  Testifies in support of SB 732.  Says there are bills in the House that would institute severe a civil penalty for refusing to take a breath test.

345

Vice Chair Burdick

Asks if impoundment is enough.

350

Rep. Barker

Says forfeiture is probably better, but a problem to implement.

359

Sen. Ringo

Asks about the mechanics of the bill as it relates to the impoundment.

368

Prins

Says payment for storage is the responsibility of the person charged.

372

Rep. Barker

Explains how it is handled in Portland.

380

Prins

Advises that page 2, lines 21-24 of the bill addresses liens on a car impounded.

390

Vice Chair Burdick

Asks what happens to the potential revenue if a car is abandoned.

368

Sen. Ringo

Says any remainder after fines and liens is supposed to go to the owner.

410

Chris Stringer

Oregon District Attorneys Association.  Testifies in support of SB 732.

TAPE 78, B

018

Sen. Walker

Asks about the profile of a typical drunk driver.

023

Stringer

Says they are typically middle class people.

033

Bruce Pratt

Crime Victims United.  Submits testimony and testifies in support of SB 732 (EXHIBIT I).

099

Dennis Richards

Springfield, Oregon, former California State Highway Patrolman.  Testifies in support of SB 732.  Talks about how Santa Rosa County handled similar impoundments.

154

Sen. Walker

Asks how fees were handled in California.

152

Richards

Says city and county agencies recoup their administrative costs at the time a vehicle is released.

201

Lt. Ed Stallard

Oregon State Sheriff’s Association.  Submits testimony and testifies in opposition to SB 732 (EXHIBIT J).

256

Sen. Ringo

Asks how many vehicles impounded are abandoned.

262

Lt. Stallard

Says about 25% are not recovered.

268

Sen. Ringo

Asks if they can be sold for scrap.

272

Lt. Stallard

Says, no, they actually have to pay to have them removed.  Suggests some possible remedies.

331

Prins

Clarifies the bill with regard to impounds.

343

Vice Chair Burdick

Asks about the impact of forfeiture.

347

Lt. Stallard

Explains Lincoln County’s civil forfeiture procedures.

357

Chair Minnis

Closes the public hearing in SB 732 and adjourns the meeting at 10:04 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 729, written testimony submitted by David Schmierbach, 3 pp

B – SB 729, -1 amendments dated 3/19/03 submitted by staff, 1 p

C – SB 610, -1 amendments dated 3/28/03 submitted by staff, 1 p

D – SB 610, written testimony submitted by Jason Barber, 1 p

E – SB 610, written testimony submitted by Craig Plunkett, 2 pp

F – SB 732, written testimony submitted by Ann Pratt, 11 pp

G – SB 732, written testimony submitted by Susan Lombard, 1 p

H – SB 732, written testimony submitted by Marie Armstrong, 3 pp

I – SB 732, written testimony submitted by Bruce Pratt, 11 pp

J – SB 732, written testimony submitted by Lt. Ed Stallard, 1 p

K – SB 732, written testimony of Janet Lovelace submitted by staff, 1 p