SENATE COMMITTEE ON JUDICIARY

May 08, 2003 Hearing Room 343

8:00 a.m. Tapes 124-125

MEMBERS PRESENT: Sen. John Minnis, Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

MEMBERS EXCUSED: Sen. Ginny Burdick, Vice-Chair

STAFF PRESENT: Craig Prins, Counsel

Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: HB 2177A Work Session

SB 808 Work Session

HB 2101 Public Hearing and Work Session

HB 2174A Public Hearing

HB 2207A Public Hearing and Work Session

HB 2422 Public Hearing

SB 302 Work Session

SB 103A Public Hearing and 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 124, A
004	Chair Minnis	Calls the meeting to order at 8:15 a.m. and opens a work session on HB 2177A.
HB 2177A WORK SESSION
008	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 –A10 amendments (EXHIBIT A).
048	Kamala Shugar	Oregon District Attorneys Association. Asks about limits in a perjury charge.
052	Prins	Explains that there is nothing in this bill that would prohibit the use of statements made in a perjury case.

059	Sen. Walker	MOTION: Moves to ADOPT HB 2177A-A10 amendments dated 5/7/03.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Burdick, Sen. Ferrioli
063	Chair Minnis	Hearing no objection, declares the motion CARRIED.
064	Sen. Walker	MOTION: Moves HB 2177 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ferrioli, Sen. Burdick
067	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
070	Chair Minnis	Closes the work session on HB 2177A and opens a work session on SB 808.
SB 808 WORK SESSION
073	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 -2 amendments (EXHIBIT B) with a cover letter from legislative counsel (EXHIBIT C).
139	Sen. Walker	Discusses her concerns about testimony previously heard.
168	Chair Minnis	Closes the work session on SB 808 until 9:15 a.m. and opens a public hearing on HB 2101.
HB 2101 PUBLIC HEARING
180	Bill Taylor	Committee Counsel. Introduces HB 2101 that provides that contempt proceedings for violation of Family Abuse Prevention Act restraining order and for violation of Elderly and Disabled Person Abuse Prevention Act restraining order may be conducted in county where violation of restraining order occurs.
197	Rebecca Gandy	Oregon Coalition Against Domestic and Sexual Violence. Testifies in support of HB 2101.
214	David Nebel	Oregon Alliance to End Violence Against Women. Testifies in support of HB 2101.
251	Jonathan Fussner	Oregon Department of Justice. Submits testimony and testifies in support of HB 2101 (EXHIBIT D).
267	Chair Minnis	Asks that the two petitions be identified.
256	Fussner	Explains that the Family Abuse Prevention Act is ORS 107.700, and the Elderly and Disabled Person Abuse Prevention Act is ORS 124.005.
286	Chair Minnis	Closes the public hearing on HB 2101 and opens a public hearing on HB 2174A.
HB 2174A PUBLIC HEARING
296	Bill Taylor	Committee Counsel. Introduces HB 2174A that approves adoption of certain rules and amendments to sentencing guidelines rules by Oregon Criminal Justice Commission.
314	Phil Lemman	Oregon Criminal Justice Commission. Submits testimony and testifies in support of HB 2174A (EXHIBIT E).
463	Chair Minnis	Asks about cigarette crimes and the rationale for putting it at a “1” category.
474	Lemman	Explains that it was through consulting with the Attorney General’s office.
TAPE 125, A
021	Chair Minnis	Asks about the ranking of specific offenses.
022	Lemman	Gives an overview of those rankings as contained in his written testimony.
042	Sen. Ferrioli	Discusses the disagreement about the use of the words “shall” and “may.” Wonders who will be the arbitrator when those kinds of grammatical changes are made.
051	Lemman	Explains the process and who handles those changes.
072	Sen. Ferrioli	Asks who settles disputes.
088	Lemman	Says there is full participation from a variety of disciplines and professions in the criminal justice community, along with other public bodies.
120	Sen. Ferrioli	Contends that even minor changes in the law tend to engender these discussions about what is intended.
125	Lemman	Draws attention to the language in section 4 of the bill.
144	Chair Minnis	Asks if fiscal analysis on various crime categories is done by the commission.
148	Lemman	Says, yes. Reviews the record.
175	Chair Minnis	Closes the public hearing on HB 2174A and opens a public hearing on HB 2207A.
HB 2207A PUBLIC HEARING
185	Bill Taylor	Committee Counsel. Introduces HB 2207A that authorizes State Parks and Recreation Department to request Department of State Police to provide criminal offender information about subject individuals.
195	Jana Tindall	State Department of Parks and Recreation. Submits testimony and testifies in support of HB 2207A (EXHIBIT F).
199	Chair Minnis	Closes the public hearing on HB 2207A and opens a work session.
HB 2207A WORK SESSION
225	Sen. Walker	MOTION: Moves HB 2207A to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ringo, Sen. Burdick
228	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. C. STARR will lead discussion on the floor.
237	Chair Minnis	Closes the work session on HB 2207A and recesses the meeting at 9:00 a.m.

239	Chair Minnis	Reconvenes the meeting at 9:15 a.m. and opens a public hearing on HB 2422.
HB 2422 PUBLIC HEARING
241	Rep. Vic Backlund	House District 25. Testifies in support of HB 2422 that creates offense of failure to yield to traffic patrol member.
273	Chair Minnis	Asks how a crossing guard is identified.
275	Rep. Backlund	Explains that the guard carries a very conspicuous flag.
289	Judy Smith	Salem, OR. Testifies in support of HB 2422. Says ORS 811.0085 covers students only and not the traffic patrol member.
344	Sen. Ringo	Asks for examples of situations not currently covered by law.
350	Smith	Explains that crossing guards are not covered by any law.
365	Chair Minnis	Closes the public hearing on HB 2422 and reopens the work session on SB 808.
SB 808 WORK SESSION
398	Sen. Starr	MOTION: Moves to ADOPT SB 808-2 amendments dated 5/8/03.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Burdick, Sen. Walker
403	Chair Minnis	Hearing no objection, declares the motion CARRIED.
405	Sen. C. Starr	MOTION: Moves SB 808 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Walker, Sen. Burdick
409	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
413	Chair Minnis	Closes the work session on SB 808 and opens a work session on SB 302.
SB 302 WORK SESSION
418	Craig Prins	Committee Counsel. Introduces SB 302 that requires person petitioning for driving while under the influence of intoxicants diversion agreement to file guilty plea as part of petition, and the -5 amendments (EXHIBIT G).
TAPE 124, B
059	Sen. Ringo	Says he would like to hear additional testimony from the defense lawyers.
063	Sen. Walker	Asks if the extension request is still in the bill.
068	Prins	Replies that it is.
080	Ann Christian	Oregon Judicial Department. Submits a fiscal impact statement prepared by the Judicial Department (EXHIBIT H).
181	Josh Marquis	Oregon District Attorneys Association. Testifies in support of SB 302. Says the real dollar savings in this bill is to police overtime.
223	Chair Minnis	Asks if his estimate of savings includes all police departments statewide.
226	Marquis	Says, yes.
242	Susan Russell	Oregon Criminal Defense Lawyers Association. Testifies in opposition to SB 302. Believes the current diversion program works, saying the success rate is between 60 to 70 percent.
278	Sen. Ringo	Thinks 30 to 40 percent failure rate is too much. Asks what harm is done by passing this legislation.
286	Russell	Explains that expenses and undue delay are the major issues.
324	Sen. Ringo	Asks about the time element between time of arrest and making the choice for diversion.
327	Russell	Explains that under the current statute it is 30 days unless good cause.
345	Prins	Clarifies that the time element is the same, but includes the wording “good cause does not constitute time to file.”
336	Russell	Believes that 30 days is an impossibly short period of time to investigate.
366	Chair Minnis	Asks if an argument for time is made before the judge.
367	Russell	Believes that a defense attorney ought to succeed in arguing to a judge that there is good cause to extend beyond 30 days.
434	Sen. Ringo	Says he likes the bill.
436	Sen. Ferrioli	Says that he also likes the bill.
462	Sen. Ferrioli	MOTION: Moves to ADOPT SB 302-5 amendments dated 5/7/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
466	Chair Minnis	Hearing no objection, declares the motion CARRIED.
469	Sen. Ferrioli	MOTION: Moves SB 302 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
477	Chair Minnis	Hearing no objection, declares the motion CARRIED.
480	Chair Minnis	Closes the work session on SB 302 and opens a public hearing on SB 103A.
SB 103A PUBLIC HEARING
TAPE 125, B
018	Eugene Ebersole	Department of Justice. Submits testimony and testifies in support of SB 103A (EXHIBIT I) that prohibits seller of motor vehicle from selling or leasing buyer’s trade-in vehicle prior to seller receiving final approval from lender, and the –A4 amendments (EXHIBIT J).
064	Sen. Ringo	Explains that his understanding is that the system was set up for instant approval.
066	Ebersole	Points out that it works in most instances using a scoring system provided through credit reports.
075	Darrell Fuller	Oregon Auto Dealers Association. Explains how credit ratings and interest rates are computed. Responds to the -4 amendments.
103	Sen. Ringo	Asks if there is a completion date required on the financing of an auto.
106	Fuller	Says there is no statutory deadline.
122	Chair Minnis	Closes the public hearing on SB 103A and opens a work session.
SB 103A WORK SESSION
124	Sen. Walker	MOTION: Moves to ADOPT SB 103A-A4 amendments dated 5/8/03.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Burdick, Sen. Ferrioli
126	Chair Minnis	Hearing no objection, declares the motion CARRIED.
127	Sen. Walker	MOTION: Moves SB 103A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ferrioli, Sen. Burdick
129	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
131	Chair Minnis	Closes the work session on SB 103A and opens a work session on HB 2101.
HB 2101 WORK SESSION
135	Sen. Walker	MOTION: Moves HB 2101 to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Burdick
137	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
144	Chair Minnis	Closes the work session on HB 2101 and adjourns the meeting at 10:05 a.m.

EXHIBIT SUMMARY

A – HB 2177A, -A10 amendments submitted by staff, 5 pp

B – SB 808, -2 amendments submitted by staff, 2 pp

C – SB 808, written testimony of Virginia Vanderbilt submitted by staff, 1 p

D – HB 2101, written testimony submitted by Jonathan Fussner, 2 pp

E – HB 2174A, written testimony submitted by Phil Lemman, 15 pp

F – HB 2207A, written testimony submitted by Jana Tindall, 2 pp

G – SB 302, -5 amendments submitted by staff, 2 pp

H – SB 302, written material submitted by Ann Christian, 3 pp

I – SB 103A, written testimony submitted by Eugene Ebersole, 2 pp

J – SB 103A, -A4 amendments submitted by staff, 1 p