SENATE COMMITTEE ON JUDICIARY

 

 

May 14, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 130-131

 

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 2069 Public Hearing and Work Session

                                                HB 2729A Public Hearing and Work Session

HB 2732 Public Hearing and Work Session

HB 2725A Public Hearing

HB 2727 Public Hearing

HB 2733A Public Hearing

HB 2736 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 130, A

003

Chair Minnis

Calls the meeting to order at 8:15 a.m. and opens a public hearing on HB 2069.

HB 2069 PUBLIC HEARING

004

Craig Prins

Committee Counsel. Introduces HB 2069 that modifies provisions relating to motions in arrest of judgment and for new trials in criminal cases.

017

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in support of HB 2069.

031

Sen. Walker

Asks how long this system has been in operation.

036

Skye

Replies that it has been in operation as long as she has been practicing.

038

Prins

Explains that there is a very limited basis for asking for a new trial.

043

Chair Minnis

Closes the public hearing on HB 2069 and opens a work session.


 

HB 2069 WORK SESSION

045

Vice Chair Burdick

MOTION:  Moves HB 2069 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

048

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. C. STARR will lead discussion on the floor.

050

Chair Minnis

Closes the work session on HB 2069 and opens a public hearing on HB 2729A.

HB 2729A PUBLIC HEARING

052

Bill Taylor

Committee Counsel.  Introduces HB 2729A that removes requirement that name and address of person to whom court should disburse payments appear in money judgment in criminal action.

056

Rep. Floyd Prozanski

House District 8.  Testifies in support of HB 2729A.  Says it is a victim’s rights bill.

072

Vice Chair Burdick

Asks how a victim might know to make a request.

076

Rep. Prozanski

Replies that there is appropriate notice for such paperwork to be filed.

087

Chair Minnis

Closes the public hearing on HB 2729A and opens a work session.

HB 2729A WORK SESSION

091

Vice Chair Burdick

MOTION:  Moves HB 2729A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

094

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

096

Chair Minnis

Closes the work session on HB 2729A and opens a public hearing on HB 2732.

HB 2732 PUBLIC HEARING

096

Bill Taylor

Committee Counsel. Introduces HB 2732 that modifies distribution scheme for fines imposed for traffic offenses for which prosecution was initiated by city police officers.

103

Rep. Floyd Prozanski

House District 8.  Submits testimony and testifies in support of HB 2732 (EXHIBIT A).

171

Vice Chair Burdick

Asks if the ticket provided in Exhibit A is a photo radar ticket.

176

Rep. Prozanski

Explains that it is a copy of the one presented to the violator.

194

Sen. Walker

Asks which agency should be issuing tickets on Interstate 5.

197

Rep. Prozanski

Explains there are two: the State Police and the Lane County Sheriff’s office.

218

Taylor

Asks about the revenue intake.

220

Rep. Prozanski

Says it is ten times the amount originally collected.


 

247

Sgt. Hubbard

Coburg Police Department.  Testifies in support of HB 2732.  Says the police department does not get any revenue from these citations.  Believes that the color of the uniform should not matter when stopping a traffic violator.

289

Chair Minnis

Asks about the size of Coburg.

290

Sgt. Hubbard

Explains that it is just under 1,000 people.

294

Chair Minnis

Asks how many police officers the city employs.

295

Sgt. Hubbard

Says there are 9 sworn officers.

305

Rep. Prozanski

Asks how many reserve officers are available.

307

Sgt. Hubbard

Says there is a total staff of 10.

320

Chair Minnis

Closes the public hearing on HB 2732 and opens a work session.

HB 2732 WORK SESSION

325

Vice Chair Burdick

MOTION:  Moves HB 2732 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ringo

347

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

350

Chair Minnis

Closes the work session on HB 2732 and opens a public hearing on HB 2725A.

HB 2725A PUBLIC HEARING

352

Bill Taylor

Committee Counsel.  Introduces HB 2725A that modifies crime of giving false information to police officer to include service of arrest warrants.

357

Rep. Floyd Prozanski

House District 8.  Testifies in support of HB 2725A.

383

Vice Chair Burdick

Asks for further understanding of what this legislation does.

386

Rep. Prozanski

Explains the issue addresses an active outstanding arrest warrant.

437

Sen. Walker

Asks for clarification of when giving false information is declared a crime.

445

Rep. Prozanski

Explains the difference between how it applies to an arrest warrant and that of a traffic citation.

458

Sen. Walker

Asks if a person is required to give an officer his name when it is a mere conversation.

462

Rep. Prozanski

Says, no.

468

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to HB 2725A.  Says that a citizen has the right not to answer any question from an officer.

TAPE 131, A

060

Chair Minnis

Discusses the difference between a mere conversation with a police officer versus giving false information at a potential arrest.

074

Skye

Explains how an officer obtains information.

085

Chair Minnis

Asks about a mobile vehicle exception that the State Supreme Court has endorsed.

099

Skye

Says that it generally applies to searches.

129

Chair Minnis

Believes this issue is all about the abuse of police power.

136

Skye

Contends that it is not only the police, but the district attorney’s office as well.

158

Chair Minnis

Talks about possible clarification language.

162

Skye

Explains what needs to be added to the language of the bill.

170

Chair Minnis

Discusses a case scenario.

188

Skye

Explains how the Oregon District Attorneys Association views this legislation.

206

Sen. Ferrioli

Discusses providing false information with or without the intent to deceive or defraud.

227

Skye

Contends that the identity theft statute has been misused in Multnomah County for some time.

259

Sen. Ferrioli

Says he is looking for the intent that creates the crime.

272

Chair Minnis

Says the statute does not provide for that.

280

Rep. Prozanski

Says there is room for clarification in this legislation.

310

Vice Chair Burdick

Asks when a passenger would be required to give information under this legislation.

321

Rep. Prozanski

Says they are never required to give information, it is the driver that is required because of the violation for which he was stopped.

418

Vice Chair Burdick

Discusses when a person does not give correct information.

443

Skye

Believes that it is not clear if it is a crime to give a false name.

TAPE 130, B

032

Rep. Prozanski

Says he would like to work on an amendment of clarification.

034

Chair Minnis

Closes the public hearing on HB 2725A and opens a public hearing on HB 2727.

HB 2727 PUBLIC HEARING

038

Bill Taylor

Committee Counsel. Introduces HB 2727 that requires property owner to give notice to law enforcement agency before entering contaminated property.

042

Rep. Floyd Prozanski

House District 8. Testifies in support of HB 2727.

078

Vice Chair Burdick

Asks if a liability is created if the owner goes into a property and gets injured by toxic materials.

085

Rep. Prozanski

Says this is not a liability issue.

097

Vice Chair Burdick

Says the bill does not state when an owner should make notification.

102

Rep. Prozanski

Says that was done on purpose because it would unnecessarily hinder the owner.

129

Chair Minnis

Asks about criminal trespass.

131

Rep. Prozanski

Explains the exclusion of the owner has been made.

150

Sen. Walker

Talks about the lawful removal of items from a home.

160

Rep. Prozanski

Clarifies the language in the bill that refers to lawful removal of items.

182

Chair Minnis

Closes the public hearing on HB 2727 and opens a public hearing on HB 2733A.

HB 2733A PUBLIC HEARING

184

Bill Taylor

Committee Counsel.  Introduces HB 2733A that reorganizes provisions relating to venue in violation cases.

190

Rep. Floyd Prozanski

Testifies in support of HB 2733A.  Says it closes a current loophole in the law.

249

Vice Chair Burdick

Asks for clarification of where a court hearing would be held.

257

Rep. Prozanski

Explains that this legislation does not keep any officer in the state from citing someone, and that the court hearing would be determined by the location of the citation.

300

Chair Minnis

Closes the public hearing on HB 2733A and opens a public hearing on HB 2736.

HB 2736 PUBLIC HEARING

303

Bill Taylor

Committee Counsel.  Introduces HB 2736 that creates crime of interfering with firefighter or emergency medical technician.

307

Rep.  Floyd Prozanski

House District 8.  Testifies in support of HB 2736.  Gives examples of interference with firefighters.

357

Chair Minnis

Closes the public hearing on HB 2736 and adjourns the meeting at 9:30 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2732, written testimony submitted by Rep. Floyd Prozanski, 1 p