SENATE COMMITTEE ON JUDICIARY

 

 

April 17, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 100-101

 

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 47 Work Session

                                                SB 69 Work Session

                                                SB 308 Work Session

                                                SB 348 Work Session

                                                SB 426 Work Session

                                                SB 564 Work Session

                                                SB 332 Work Session

                                                SB 356 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 100, A

005

Chair Minnis

Calls the meeting to order at 8:20 a.m. and opens a work session on SB 47.

SB 47 WORK SESSION

012

Craig Prins

Committee Counsel.  Introduces SB 47 that delays imposition of interest on criminal judgments until July 1, 2007.

023

Vice Chair Burdick

MOTION:  Moves SB 47 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Starr

024

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

025

Chair Minnis

Closes the work session on SB 47 and opens a work session on SB 69.

SB 69 WORK SESSION

033

Craig Prins

Committee Counsel. Introduces SB 69 that modifies references to child, youth and youth offender in general provisions relating to juvenile court, and the -1 amendments (EXHIBIT A).

037

Sen. Walker

Asks why the word change is necessary.

043

Prins

Explains why the word change is needed.

065

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 69-1 amendments dated 3/14/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Starr

068

Chair Minnis

Hearing no objection, declares the motion CARRIED.

070

Vice Chair Burdick

MOTION:  Moves SB 69 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Starr

074

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

076

Chair Minnis

Closes the work session on SB 69 and opens a work session on SB 308.

SB 308 WORK SESSION

078

Craig Prins

Committee Counsel. Introduces SB 308 that prohibits disclosure of personal financial information of victims and witnesses to defendants in criminal cases, and the -1 amendments (EXHIBIT B).

112

Vice Chair Burdick

Reviews the fiscal and asks about the range of costs.

120

Prins

Explains why there is a range of costs.

163

Chair Minnis

Calls for a recess of the meeting at 8:30 a.m.

164

Chair Minnis

Re-convenes the meeting at 8:45 a.m.

171

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 308-1 amendments dated

 03/24/03.

 

 

VOTE:  6-0

174

Chair Minnis

Hearing no objection, declares the motion CARRIED.

 

175

Vice Chair Burdick

MOTION:  Moves SB 308 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

177

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

178

Chair Minnis

Closes the work session on SB 308 and opens a work session on SB 348.

SB 348 WORK SESSION

188

Craig Prins

Committee Counsel.  Introduces SB 348 that expands crime of recklessly endangering another person to include driving motor vehicle while under influence of intoxicants when child is passenger in vehicle, and the -1 amendments (EXHIBIT C).

273

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 348-1 amendments dated 03/12/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

279

Chair Minnis

Hearing no objection, declares the motion CARRIED.

278

Vice Chair Burdick

MOTION:  Moves SB 348 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

279

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

280

Chair Minnis

Closes the work session on SB 348 and opens a work session on SB 426.

SB 426 WORK SESSION

294

Craig Prins

Committee Counsel.  Introduces SB 426 that expands crime of assault in the third degree.

322

Nolan Mackrill

City of Portland, Office of Transportation.  Testifies in support of SB 426 (EXHIBIT D).

377

Sen. Walker

Asks about the frequency of these assaults.

392

Mackrill

Explains there has been an increase in the past year.

422

Vice Chair Burdick

MOTION:  Moves SB 426 to the floor with a DO PASS recommendation.

 

 

VOTE: 6-0

424

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

430

Chair Minnis

Closes the work session on SB 426 and opens a work session on SB 564.

SB 564 WORK SESSION

TAPE 101, A

014

Craig Prins

Committee Counsel.  Introduces SB 564 that creates crime of assaulting law enforcement animal, and the -3 amendments (EXHIBIT E).

041

Chair Minnis

Asks about the fiscal on this bill.

044

Prins

Explains that it is minimal.

051

Sen. Ringo

Says he is not convinced that increasing the penalty will reduce the crime.

076

Chair Minnis

Discusses the need to take a look at our criminal statutes.

084

Vice Chair Burdick

Says she likes the bill.

121

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 564-3 amendments dated 03/31/03.

 

 

VOTE:  6-0

123

Chair Minnis

Hearing no objection, declares the motion CARRIED.

125

Vice Chair Burdick

MOTION:  Moves SB 564 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

127

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

143

Chair Minnis

Closes the work session on SB 564 and opens a work session on SB 332.

SB 332 WORK SESSION

144

Bill Joseph

Committee Counsel.  Introduces SB 332 that allows employer to collect $1 processing fee for each week or part of week for which payment is made under writ of garnishment, and the -3 amendments (EXHIBIT F).

171

Steve Mitchell

Medford, Oregon.  Suggests that the $1 fee is not enough.

260

Bill Perry

Oregon Restaurant Association. Says that everyone is in agreement with the -3 amendments.

271

Sen. Walker

Asks how the amount was determined.

273

Perry

Says that it was a negotiated amount.

297

Sen. Ringo

Says he supports the bill.

339

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 332-3 amendments dated 04/07/03.

 

 

VOTE:  6-0

341

Chair Minnis

Hearing no objection, declares the motion CARRIED.

344

Vice Chair Burdick

MOTION:  Moves SB 332 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

348

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

350

Chair Minnis

Closes the work session on SB 332 and opens a work session on SB 356.

SB 356 WORK SESSION

355

Bill Joseph

Committee Counsel.  Introduces SB 356 that creates truth verification examiner licensing process, and the -1 amendments (EXHIBIT G)

380

Chair Minnis

Calls for a recess at 9:20 a.m.

383

Chair Minnis

Reconvenes the meeting at 9:35 a.m.

386

Bill Joseph

Provides additional clarification of the -1 amendments.

448

Chair Minnis

Identifies letters from the Oregon Association of Chiefs of Police (EXHIBIT H).

TAPE 100, B

012

John Powell

Oregon State Sheriff’s Association. Discusses sub-section 6, page 1 of the -1 amendments relating to polygraph examiner.

033

Vice Chair Burdick

Asks about the need for this bill.

035

Powell

Explains that it allows the administration of the polygraph exam and allows the voice stress analyzer to be used in investigative work under Oregon law.

052

Vice Chair Burdick

Asks under what circumstances the two methods are used.

055

Powell

Explains the use of these investigative tools.

067

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 356-1 amendments dated 03/04/03.

 

 

VOTE:  6-0

069

Chair Minnis

Hearing no objection, declares the motion CARRIED.

072

Vice Chair Burdick

MOTION:  Moves SB 356 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

077

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. CORCORAN will lead discussion on the floor.

085

Chair Minnis

Closes the work session on SB 356 and adjourns the meeting at 9:45 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 69, -1 amendments submitted by staff, 118 pp

B – SB 308, -1 amendments submitted by staff, 1 p

C – SB 348, -1 amendments submitted by staff, 4 pp

D – SB 426, written testimony submitted by Nolan Mackrill, 2pp

E – SB 564, -3 amendments submitted by staff, 3 pp

F – SB 332, -3 amendments submitted by staff, 3 pp

G – SB 356, -1 amendments submitted by staff, 3 pp

H – SB 356, written testimony of H. M. Adams submitted by staff, 5 pp