SENATE COMMITTEE ON JUDICIARY

 

 

May 05, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 118-119

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ted Ferrioli

                                                Sen. Charlie Ringo

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Taylor, Counsel

                                                Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 3339A Work Session

                                                HB 2177A Work Session

                                                SB 655 Public Hearing

                                                HB 2064 Public Hearing and Work Session

                                                HB 2063A 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 118, A

004

Chair Minnis

Calls the meeting to order at 8:20 a.m. and opens a work session on HB 3339A that creates crime of trading in non-ambulatory livestock.

HB 3339A WORK SESSION

006

Vice Chair Burdick

MOTION:  Moves HB 3339A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

011

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

015

Chair Minnis

Closes the work session on HB 3339A and opens a work session on HB 2177A.

HB 2177A WORK SESSION

017

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 , and the –A8 amendments (EXHIBIT A) and –A9 amendments (EXHIBIT B).

072

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in support of HB 2177A.  Discusses the amendments.

091

Chair Minnis

Asks about a false statement being made.

094

Skye

Explains that a good attorney would move to suppress the statements.

117

Prins

Talks about the potential for perjury.

144

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2177A-A8 amendments dated 4/28/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

148

Chair Minnis

Hearing no objection, declares the motion CARRIED.

150

Stephanie Tuttle

Oregon District Attorneys Association. Testifies in opposition to the

–A8 amendments to HB 2177A.

179

Chair Minnis

Asks about obtaining an indictment for perjury if the statements were false.

182

Tuttle

Explains that it could be done but is difficult to prove.

194

Vice Chair Burdick

Asks if a court appointed attorney would be available.

197

Tuttle

Replies that she does not know.

200

Prins

Says that stalking is not a criminal proceeding, so a court-appointed attorney would not be available.

232

Vice Chair Burdick

Asks if the Miranda rights would be read.

234

Prins

Says, no.

259

Chair Minnis

Believes that statements should be admissible if a person is represented by counsel.

262

Tuttle

Explains when testimony might be allowed for impeachment.

282

Skye

Explains why statements should not be able to be used.

315

Prins

States that orders are for an indefinite period allowing the courts to use their discretion on the amount of time needed.

335

Vice Chair Burdick

Asks about problems that might arise from having different ground rules.

342

Skye

Explains that just because a person brings in an attorney their statements should not be treated differently.

384

Chair Minnis

Says he is still troubled by the impeachment process and would like to have an amendment taking the impeachment part out of the bill.

400

Chair Minnis

Closes the work session on HB 2177A and opens a public hearing on SB 655.

SB 655 PUBLIC HEARING

405

Craig Prins

Committee Counsel.  Introduces SB 655 that creates crime of unlawful trafficking in communication or access devices.


 

443

Ted Hughes

Motion Picture Association of America.  Submits testimony and testifies in support of SB 655 (EXHIBIT C).  Says the proposed amendments would substantially change the existing bill (EXHIBIT D).

TAPE 119, A

030

Vice Chair Burdick

Says she does not have a copy of the amendments and would like to know what they do.

045

Prins

Explains that the amendments expand the application by adding communications services and communications devices to the current bill.  Says that the bill is technical in nature.

064

Vice Chair Burdick

Asks if it would include music swapping and DVD copying.

066

Prins

Says, yes, plus it would deal with Internet swapping and data transmission.  Says the bill would prohibit the use of unlawful access devices.

112

Hughes

Says the Motion Picture Association drafted this model bill and has introduced it around the country because the age of digital cinema is on the horizon.

136

Vice Chair Burdick

Wonders why copyright law wouldn’t apply.

145

Chair Minnis

Says the copyright laws are probably enforceable, but much more complex.  Asks if defrauding a cable company is what is being addressed in this bill.

154

Hughes

Says that defrauding is in current law. Explains that the bill is directed toward satellite and digital motion pictures.

212

Jim Craven

American Electronics Association.  Submits testimony and testifies in opposition to SB 655 (EXHIBIT E).

237

Chair Minnis

Asks what the concern is in this legislation.

239

Craven

Explains the major unintended consequences of this legislation. Says the definition of devices needs to be clarified.

281

Chair Minnis

Contends that it is not the actual device, but the abuse of its use that is the issue.

289

Craven

Agrees.  Also, expresses concern about the appropriateness of penalties.

348

Chair Minnis

Believes that this issue might be similar to identity theft.

356

Craven

Says that it is currently a very big issue of national debate.

378

Sen. Walker

Talks about an email she received about firewall software.

389

Craven

Explains that is one of the criticisms of the model bill.

426

Bill Barry

Self-employed Database Consultant, Benton County, Oregon.  Submits testimony and testifies in opposition to SB 655 (EXHIBIT F).

TAPE 118, B

050

Chair Minnis

Gives an example of having a silencer on a gun and wonders if there is a parallel.

060

Barry

Believes there is no parallel.

074

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 655. Says the bill is overly broad as written, but has not had a chance to review the proposed amendments.

092

Sen. Walker

Asks if the penalties are too severe.

095

Skye

Says, yes.

130

Julie Brandis

Associated Oregon Industries.  Testifies in opposition to SB 655.  Says the states that have adopted this legislation have concerns.

171

Nan Heim

Oregon Library Association.  Testifies in opposition to SB 655.  Is concerned about the responsibilities of a librarian copying information off the Internet.

190

Prins

Explains that the federal act excludes librarians.

201

Hughes

Concludes that the amendments will resolve the concerns of those who are in opposition.

217

Chair Minnis

Closes the public hearing on SB 655 and opens a public hearing on HB 2064.

HB 2064 PUBLIC HEARING

221

Bill Joseph

Committee Counsel.  Introduces HB 2064 that creates declaration under penalty of perjury as alternative to affidavit under Oregon Rules of Civil Procedure.

245

Everett Jack

Oregon State Bar.  Submits testimony and testifies in support of HB 2064 (EXHIBIT G).

258

Sen. Walker

Asks if this is in compliance with the Federal Rules of Civil Procedure.

260

Jack

Says, yes.

276

Chair Minnis

Closes the public hearing on HB 2064 and opens a work session.

HB 2064 WORK SESSION

277

Vice Chair Burdick

MOTION:  Moves HB 2064 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

270

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

298

Chair Minnis

Closes the work session on HB 2064 and opens a public hearing on HB 2063A.

HB 2063A PUBLIC HEARING

300

Bill Joseph

Committee Counsel.  Introduces HB 2063A that enacts 1997 Uniform Principal and Income Act.

325

Chris Cline

Oregon State Bar.  Submits testimony and testifies in support of HB 2063A (EXHIBIT H).  Explains the reason for the amendments in the House.

TAPE 119, B

021

Joseph

Asks that a section-by-section analysis be sent to him for review.

031

Chair Minnis

Closes the public hearing on HB 2063A and adjourns the meeting at 9:45 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2177, -A8 amendments submitted by staff, 1 p

B – HB 2177, -A9 amendments submitted by staff, 5 pp

C – SB 655, written testimony submitted by Ted Hughes, 2 pp

D – SB 655, proposed amendments submitted by Ted Hughes, 12 pp

E – SB 655, written testimony submitted by Jim Craven, 7 pp

F – SB 655, written testimony submitted by Bill Barry, 1 p

G – HB 2064, written testimony submitted by Everett Jack, 1 p

H – HB 2063A, written testimony submitted by Chris Cline, 2 pp