SENATE COMMITTEE ON JUDICIARY

 

 

April 07, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 87-88

 

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 599 Public Hearing

SJR 2 Public Hearing

SB 782 Public Hearing

SB 21 Public Hearing

SB 544 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 87, A

004

Chair Minnis

Calls the meeting to order at 8:20 a.m. and explains that the House bills scheduled for hearing are being held over until Tuesday, April 8.  Opens a public hearing on SB 599.

SB 599 PUBLIC HEARING

028

Sen. Rick Metsger

Senate District 26.  Testifies in support of SB 599 that creates statutory cause of action against person who negligently stores, transmits or disposes of personal identification when negligent storage, transmission or disposal allows commission of crime of identity theft.

074

Jim Austin

American Express. Testifies in support of SB 599.  Offers to work with Sen. Metsger to refine the concerns in SB 599.

087

Vice Chair Burdick

Asks if disposal of records is the primary problem.

092

Sen. Metsger

Responds that disposal is definitely a problem, but mentions others as well.

118

Sen. Ferrioli

Wonders if negligence might include criminal behavior.

133

Sen. Metsger

Agrees that it is a very important point.

139

Sen. Ferrioli

Talks about the $50 limit on losses occurred by an account holder, and wonders if credit unions have the same.

158

Sen. Metsger

Says, no.

171

Chair Minnis

Asks about the term suffers damage referred to in the bill.

176

Bill Joseph

Committee Counsel.  Clarifies that any minimal economic damage would apply.

189

Chair Minnis

Asks if civil action against a person would include a corporation.

194

Joseph

Replies that because the bill refers to “person” it may be ambiguous.

202

Sen. Metsger

Explains that in statute the definition of “person” does define a corporation as persons.

214

Julie Brandis

Associated Oregon Industries.  Testifies in opposition to SB 599.  Says the bill seems overly broad.

255

Chair Minnis

Closes the public hearing on SB 599 and opens a public hearing on SJR 2.

SJR 2 PUBLIC HEARING

257

Bill Joseph

Committee Counsel. Introduces SJR 2 that proposes amendment to Oregon Constitution to allow Legislative Assembly to impose limitations on civil damages.

288

Chair Minnis

Closes the public hearing on SJR 2 and opens a public hearing on SB 782.

SB 782 PUBLIC HEARING

292

Craig Prins

Committee Counsel.  Introduces SB 782 that changes mandatory minimum sentences for certain youthful offenders to presumptive sentences.

310

Vice Chair Burdick

Says that she sponsored SB 782, and because of budget shortages, believes it is worth discussing the value of Measure 11.

320

Chair Minnis

Asks if the bill is limited to Measure 11.

322

Prins

Says, yes.

330

Chair Minnis

Closes the public hearing on SB 782 and opens a public hearing on SB 21.

SB 21 PUBLIC HEARING

340

Craig Prins

Committee Counsel.  Introduces SB 21 that allows court to commit defendant who lacks capacity to stand trial to treatment facility other than state mental hospital.

375

Bob Joondeph

Oregon Advocacy Center.  Submits testimony and testifies in support of SB 21 (EXHIBIT A) Introduces the -1 amendments (EXHIBIT B).

463

Sen. Walker

Asks if there is a fiscal impact.

467

Joondeph

Says, yes.

470

Sen. Walker

Asks what the fiscal would be if the -1 amendments are not passed.

474

Joondeph

Says he does not know.

485

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 21.

TAPE 88, A

054

Stan Mazur-Hart

Superintendent, Oregon State Hospital.  Submits testimony and testifies in opposition to SB 21 (EXHIBIT C). Says there are no resources to establish other treatment facilities.

081

Chair Minnis

Asks about the status of persons currently in the hospital.

077

Mazur-Hart

Discloses that the hospital is 31 patients over budgeted capacity in the forensic programs.

080

Chair Minnis

Asks if there is a backlog.

089

Mazur-Hart

Says they are barely keeping up.

104

Sen. Ferrioli

Asks where people would go if authority were granted to refer them to other facilities.

108

Mazur-Hart

Says he does not know where they would go.

118

Chair Minnis

Asks if the Department of Human Services can designate a facility, and asks if there are facilities other than the Oregon State Hospital.

119

Mazur-Hart

Explains that there are none that he knows of with the same security.  Says there is no ability to release because of overcrowding.

138

Chair Minnis

Asks the capacity of the hospital for the forensic program.

144

Mazur-Hart

Says the budgeted capacity is 374 beds.

169

Chair Minnis

Says there is a subsequent referral of this bill to Ways and Means.

180

Prins

Asks for clarification on establishing other treatment facilities.

185

Mazur-Hart

Explains the need.

203

Sen. Walker

Asks if people can be reclassified.

208

Mazur-Hart

Says they cannot, and explains that the court makes the designation.

220

Sen. Walker

Asks about potential for lawsuits.

224

Mazur-Hart

Says there have not been complaints.

230

Vice Chair Burdick

Asks about cost of care and wonders why there is so much more expense for community care.

235

Mazur-Hart

Replies that he does not know all the costs involved in community care.

241

Chair Minnis

Asks if Medicaid is available.

244

Mazur-Hart

Explains which programs receive Medicaid.

251

Vice Chair Burdick

Thinks there needs to be more clarification of what “other treatment facilities” includes.

284

Chair Minnis

Closes the public hearing on SB 21 and calls a recess at 9:08 a.m.

292

Chair Minnis

Reconvenes the meeting at 9:15 a.m. and opens a public hearing on SB 544.

SB 544 PUBLIC HEARING

297

Sen. Ringo

 Introduces SB 544 that creates crime of hindering assistance animal in second degree.

341

Patricia Kepler

Guide Dog Users of Oregon.  Submits testimony and testifies in support of SB 544 (EXHIBIT D).

393

Chair Minnis

Asks about the training of a guide dog.

399

Kepler

Further explains the training process.

420

Chair Minnis

Asks how long a guide dog is retained for service.

423

Kepler

Says 8 to 10 years.

437

Sen. Walker

Asks if there is any current law against assaulting a guide dog.

457

Kepler

Replies that there is not.

470

Craig Prins

Committee Counsel. Explains current law.

509

Sen. Ferrioli

Asks if “negligent” should be included in the bill.

TAPE 87, B

040

Prins

Explains how the wording would have to be written.

068

Sen. Ferrioli

Asks if Guide Dog Users of Oregon would be able to educate the general public if this bill is passed.

080

Kepler

Says, yes.

083

Sen. Ferrioli

Wonders if raising the penalty will take care of the offense.

096

Sen. Ringo

Discusses the -1 amendments he has proposed, but are not yet available to the committee.

122

Deb Marinos

American Council of the Blind.  Testifies in support of SB 544.

170

Chair Minnis

Asks what happens to dogs that are retired.

172

Marinos

Explains the various choices available.

188

Sen. Walker

Relates a letter from a woman in Medford.  Asks how dogs get along with one another after retired.

200

Marinos

Explains that generally they adapt very well.

238

Chair Minnis

Closes the public hearing on SB 544 and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 21, written testimony submitted by Bob Joondeph, 1 p

B – SB 21, -1 amendments submitted by staff, 1 p

C – SB 21, written testimony submitted by Stan Mazur-Hart, 2 pp

D – SB 544, written testimony submitted by Patricia Kepler, 2 pp

E – SB 544, written testimony of Marlana Lytehaause submitted by staff, 1 p

F – SB 544, written testimony of Dr. John Boice, submitted by staff, 1 p

G – SB 544, written testimony of Robert Matti submitted by staff, 1 p

H – SB 544, written testimony of Lynn Hobbs submitted by staff, 2 pp

I – SB 544, written testimony of Kevin Chinn submitted by staff, 1 p

J – SB 544, written testimony of Kae Madera submitted by staff, 1 p

K – SB 544, written testimony of Mary E. Wells submitted by staff, 1 p