SENATE COMMITTEE ON JUDICIARY

 

 

May 07, 2003                                                                                                       Hearing Room 343

8:00 AM                                                                                                                     Tapes 122-123

 

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Charles Starr

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 621 Work Session

                                                SB 801 Work Session

                                                SB 808 Work Session

                                                HB 2238A Public Hearing and Work Session

                                                HB 2877 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 122, A

004

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a work session on SB 621.

SB 621 WORK SESSION

006

Craig Prins

Committee Counsel.  Introduces SB 621 that expands category of persons who may enter into written agreements with adoptive parents to continue contact with adopted child to include birth relatives, and the -1 amendments (EXHIBIT A).

021

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 621-1 amendments dated 4/25/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. C. Starr

024

Chair Minnis

Hearing no objection, declares the motion CARRIED.

028

Vice Chair Burdick

MOTION:  Moves SB 621 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. C. Starr

030

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

037

Chair Minnis

Closes the work session on SB 621 and opens a work session on SB 801.

SB 801 WORK SESSION

045

Craig Prins

Committee Counsel.  Introduces SB 801 that imposes automatic restraining order on parties to marital annulment, separation, dissolution or paternity proceeding, and the -4 amendments (EXHIBIT B).

094

Vice Chair Burdick

Asks about a time period for the petitioner.

098

Prins

Says the petitioner acknowledges restraint upon filing.

101

Sen. Kate Brown

Senate District 21. Clarifies further when the restraining order would begin.

110

Vice Chair Burdick

Asks if the petitioner has more notice than the respondent of the filing.

116

Prins

Says the restraining order takes effect at time of filing for the petitioner, and the respondent is restrained once it is served.

127

Sen. Walker

Asks about sanctions referred to on page 2, line 26 and 27 of the amendment.

119

Prins

Explains remedial sanctions.

146

Sen. Ringo

Asks if a person would have to go to court to seek relief from a restraining order.

150

Prins

Says, yes.

159

Sen. Ringo

Asks which section of the Oregon State Bar is requesting the bill.

164

Sen. Brown

Says it is a separate section associated with the National Academy of Family Law.

168

Sen. Ringo

Asks about a party’s interest in property.

171

Sen. Brown

Says it would apply to any of the assets that either party owns.

180

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 801-4 amendments dated 5/2/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Starr

184

Chair Minnis

Hearing no objection, declares the motion CARRIED.

185

Vice Chair Burdick

MOTION:  Moves SB 801 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Starr

188

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

193

Chair Minnis

Closes the work session on SB 801 and opens a work session on SB 808.


 

SB 808 WORK SESSION

182

Craig Prins

Committee Counsel.  Introduces SB 808 that requires court to include review of child’s comprehensive plan for transition to independent living at certain permanency hearings, and the -1 amendments (EXHIBIT C).  Mentions an email from Mickey Serice expressing his concerns with the bill (EXHIBIT D).

233

Julie McFarlane

Juvenile Rights Project. Testifies in opposition to SB 808.  Talks about the need for another amendment.

288

Chair Minnis

Closes the work session on SB 808 until tomorrow at 9:15 a.m., and opens a public hearing on HB 2238A.

HB 2238A PUBLIC HEARING

297

Bill Taylor

Committee Counsel.  Introduces HB 2238A that changes payment of benefits awarded by public safety memorial fund board to payment in lump sum and the –A2 amendments (EXHIBIT E).

314

Alan Scharn

Department of Public Safety Standards and Training.  Submits testimony and testifies in support of HB 2238A (EXHIBIT F). 

400

Sen. Ferrioli

Discusses a case, and asks if this fund would be available in this instance.

444

Scharn

Says it would depend on the severity of the injury.

460

Chair Minnis

Asks about reserve officers.

466

Scharn

Says this bill covers reserve officers as well.

469

Sen. Ringo

Asks where funding for the memorial fund comes from.

470

Scharn

Explains that it comes from a portion of the Criminal Fines and Assessment Account.

483

Sen. Ringo

Asks if there is any financial analysis available.

487

Scharn

Says he will provide it.

510

Brian Delashmutt

Oregon Council of Police Association.  Testifies in support of HB 2238A.

TAPE 123, A

512

Chair Minnis

Closes the public hearing on HB 2238A and opens a work session.

HB 2238A WORK SESSION

056

Sen. Ringo

MOTION:  Moves to ADOPT HB 2238A-A2 amendments dated 5/6/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. C. Starr

059

Chair Minnis

Hearing no objection, declares the motion CARRIED.

060

Sen. Ringo

MOTION:  Moves HB 2238A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. C. Starr

062

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.


 

066

Chair Minnis

Closes the work session on HB 2238A and opens a public hearing on HB 2877.

HB 2877 PUBLIC HEARING

070

Doug Harcleroad

District Attorney, Lane County.  Testifies in support of HB 2877 that requires that early disposition programs allow district attorney to make resolution offer to offenders before arraignment.  Introduces -1 amendments (EXHIBIT G).

148

Chair Minnis

Asks when the disposition would be taken.

150

Harcleroad

Says it would be done before arraignment.

152

Vice Chair Burdick

Asks about allowable evidence in court.

157

Harcleroad

Says that under certain circumstances anything said could be used.

184

Angel Lopez

Oregon State Bar.  Submits testimony and testifies in opposition to HB 2877 (EXHIBIT H).  Discusses “Community Court” and the information provided to those who attend.

211

Sen. Walker

Wonders with the heightened sense of terrorism if this is even more important now.

219

Lopez

Agrees that it is hyper-critical issue right now.  Continues testimony.

258

Vice Chair Burdick

Asks for an example of how deportation works.

263

Lopez

Explains the procedure.  Continues his testimony on HB 2877.

323

John Martz

Criminal Defense Attorney, Portland, OR.  Testifies in opposition to HB 2877.

TAPE 122, B

025

Geoff Silver

Attorney, Multnomah County.  Testifies in opposition to HB 2877.  Says this legislation will pass costs on to the court system.

092

Chair Minnis

Discusses a case that took many years to conclude.

107

Silver

Explains how he would handle such a case.

127

Chair Minnis

Discusses a defendant’s waiver of counsel, and wonders why it is a problem.

142

Silver

Explains how an un-counseled plea works and the length of time involved.

186

Sen. Ringo

Asks if part of the discussion related to the offer includes the right to counsel.

193

Silver

Explains that all the offers include a group advice regarding counsel.

220

Sen. Ringo

Asks about deals being made.

223

Lopez

Provides a typical scenario, and says this bill would eliminate the knowing and counseled plea.

240

Bill Taylor

Committee Counsel. Talks about the waiver of counsel.

253

Silver

Talks about his experience with arraignment cases.

341

Chair Minnis

Asks if there are different standards that apply between police and the court regarding waivers.

330

Silver

Says the constitution covers both.

398

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Submits testimony and testifies in opposition to HB 2877 (EXHIBIT I).  Says the question is whether or not a valid, legal waiver to right of counsel is always obtained.

TAPE 123, B

113

Andrea Meyer

American Civil Liberties Union.  Testifies in opposition to HB 2877.

136

Taylor

Talks about the ethical issues of this legislation.

142

Harcleroad

Explains that defendants have a right to waive their rights, and that is what this legislation is providing.

190

Chair Minnis

Closes the public hearing on HB 2877 and adjourns the meeting at 10:00 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 621, -1 amendments submitted by staff, 1 p

B – SB 801, -4 amendments submitted by staff, 4 pp

C – SB 808, -1 amendments submitted by staff, 2 pp

D – SB 808, written testimony of Mickey Serice submitted by staff, 1 p

E – HB 2238A, -A2 amendments submitted by staff, 1 p

F – HB 2238A, written testimony submitted by Alan Scharn, 2 pp

G – HB 2877, -1 amendment submitted by staff, 3 pp

H – HB 2877, written testimony submitted by Angel Lopez, 2 pp

I – HB 2877, written testimony submitted by Kelly Skye, 2 pp