SENATE COMMITTEE ON JUDICIARY

 

 

April 23, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                       Tape 106-107

 

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 Taylor, Counsel

                                                Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2784 Public Hearing and Work Session

                                                HB 2115A Public Hearing and Work Session

                                                HB 2132A Public Hearing and Work Session

HB 2119 Public Hearing and Work Session

                                                HB 2177A 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 106, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on HB 2784.

HB 2784 PUBLIC HEARING

006

Rep. John Mabrey

House district 59. Testifies in support of HB 2784 that authorizes service district that previously provided enhanced law enforcement services by contract with sheriff of county to provide law enforcement services.

043

Chair Minnis

Closes the public hearing on HB 2784 and opens a work session.

HB 2784 WORK SESSION

046

Sen. Ferrioli

MOTION:  Moves HB 2784 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

048

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

054

Chair Minnis

Closes the work session on HB 2784 and opens a public hearing on HB 2115A.

HB 2115A PUBLIC HEARING

055

Bill Taylor

Committee Counsel.  Introduces HB 2115A that allows state to have licensed psychologist examine defendant who is charged with murder and asserts defense of extreme emotional disturbance.

072

Jonathan Fussner

Department of Justice.  Submits testimony and testifies in support of HB 2115A (EXHIBIT A).

099

Chair Minnis

Asks how many other states allow psychologists to examine a defendant.

101

Fussner

Says he does not know.

103

Sen. Walker

Wonders about relying on the testimony of a psychologist in a murder trial.

110

Fussner

Responds that psychologists and psychiatrists are viewed as equivalent in a murder context.

156

Chair Minnis

Asks about the credentials of a psychologist.

159

Fussner

Explains that they are required to be licensed by the state and that the requirements for licensing include college and post-college training.

164

Chair Minnis

Asks if experience isn’t an important requirement.

168

Fussner

Says that it is the real test of whether a psychiatrist or a psychologist is more capable.

180

Sen. Walker

Wonders about indigent defense cases that cannot afford to hire experts.

187

Fussner

Disagrees, saying that a defendant who is indigent and charged with murder has always been able to hire experts at public expense.

203

Vice Chair Burdick

Believes that while each has his own specialty, a psychologist has the same level of skill in evaluation as does a psychiatrist.

216

Chair Minnis

Closes the public hearing on HB 2115A and opens a work session.

HB 2115A WORK SESSION

219

Vice Chair Burdick

MOTION:  Moves HB 2115A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

226

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

256

Chair Minnis

Closes the work session on HB 2115A and opens a public hearing on HB 2132A.

HB 2132A PUBLIC HEARING

259

Inga Deckert

Oregon State Treasury.  Testifies in support of HB 2132A that authorizes State Treasurer to request Department of State Police to provide criminal offender information about subject individuals.

277

Jeannette Holman

Division of State Lands.  Testifies in support of HB 2132A and the –A2 amendments (EXHIBIT B).

313

Chair Minnis

Closes the public hearing on HB 2132A and opens a work session.


 

 HB 2132A WORK SESSION

313

Vice Chair Burdick

Asks if the audit uncovered any actual events where someone has taken property.

318

Holman

Explains there have been instances in the past where people have taken from the program.

322

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2132A-A2 amendments dated 3/21/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

326

Chair Minnis

Hearing no objection, declares the motion CARRIED.

335

Vice Chair Burdick

MOTION:  Moves HB 2132A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

343

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

352

Chair Minnis

Closes the work session on HB 2132A and opens a public hearing on HB 2119.

HB 2119 PUBLIC HEARING

355

Craig Prins

Committee Counsel.  Introduces HB 2119 that adds identity theft to definition of racketeering activity for purposes of Oregon Racketeer Influenced and Corrupt Organization Act.

376

Cheryl Pellegrini

Department of Justice.  Submits testimony and testifies in support of HB 2119 (EXHIBIT C).

TAPE 107, A

022

Sen. Walker

Asks why Oregon has become #7 on the list of victims.

026

Pellegrini

Says it is because Oregon drivers’ licenses are fairly easy to reproduce.

033

Sen. Walker

Asks if there is anything being done about it.

035

Pellegrini

Says she believes that the Department of Motor Vehicles (DMV) is looking at the use of additional biometrics.

040

Prins

Says the DMV has an identity theft task force.

046

Vice Chair Burdick

Asks about criminals being involved in someway with DMV activities.

050

Prins

Explains that they do not have access to any of the personal information of drivers.

058

Sen. Ferrioli

Asks if the DMV has sold lists of Oregon drivers.

062

Pellegrini

Explains that the DMV is much more restricted in disseminating information since 1997.

125

Chair Minnis

Closes the public hearing on HB 2119 and opens a work session.

HB 2119 WORK SESSION

127

Vice Chair Burdick

MOTION:  Moves HB 2119 to the floor with a DO PASS recommendation.


 

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

130

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

137

Chair Minnis

Closes the work session on HB 2119 and opens a public hearing on HB 2177A.

HB 2177A PUBLIC HEARING

142

Craig Prins

Committee Counsel.  Introduces HB 2177A that provides that inmates and others may not bring criminal or civil stalking action against parole and probation officer or officer, employee or agent of Department of Corrections, law enforcement unit or Oregon Youth Authority for official conduct of officer, employee or agent.

184

Chair Minnis

Recesses the meeting at 8:50 a.m.

188

Chair Minnis

Reconvenes the meeting at 9:05 a.m. and continues the public hearing on HB 2177A.

193

Prins

Introduces the –A7 amendments (EXHIBIT D).

202

Mitch Morrow

Department of Corrections.  Submits testimony and testifies in support of HB 2177A (EXHIBIT E).

244

Prins

Clarifies the definition of law enforcement unit in the bill.  Reviews the bill section-by-section.

378

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in support of HB 2177A (EXHIBIT F).

TAPE 106, B

067

Sen. Walker

Asks for clarification of the limits on stalking orders.

072

Skye

Explains conditions for determining the time element of a stalking order. Continues testimony on HB 2177A.

156

Paul Snider

Association of Oregon Counties. Testifies in support of the –A7 amendments to HB 2177A.

173

Mary Botkin

American Federation of State, County and Municipal Employees.  Testifies in opposition to the –A7 amendments.  Says this housekeeping bill has become a major policy issue.

218

Sen. Walker

Asks if the amendments proposed by Mr. Snider have been drafted yet.

222

Snider

Says, no.

226

David Nebel

Oregon Law Center. Testifies in support of HB 2177A, but is in opposition to the –A7 amendments.

321

Sen. Ringo

Discusses his experience in his law practice.

336

Chair Minnis

Closes the public hearing on HB 2177A and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2115, written testimony submitted by Jonathan Fussner, 2 pp

B – HB 2132A, -A2 amendments submitted by staff, 2 pp

C – HB 2119, written testimony submitted by Cheryl Pellegrini, 3 pp

D – HB 2177A, -A7 amendments submitted by staff, 33 pp

E – HB 2177A, written testimony submitted by Mitch Morrow, 2pp

F – HB 2177A, written testimony submitted by Kelly Skye, 1 pp

G – HB 2119, written testimony of Steve Dixon submitted by staff, 2 pp