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