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