SENATE COMMITTEE ON JUDICIARY

 

 

May 15, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 132-133

 

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 Joseph, Counsel

                                                Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2284 Work Session

                                                HB 2873A Public Hearing and Work Session

                                                HB 2885 Public Hearing and Work Session

                                                HB 2114A Work Session

                                                HB 2821A Work Session

                                                HB 2803A Public Hearing

                                                HB 2866 Public Hearing and Work Session

                                                HB 3363A Public Hearing and Work Session

                                                HB 2811A 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 132, A

003

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a work session on HB 2284.

HB 2284 WORK SESSION

006

Bill Joseph

Committee Counsel.  Introduces HB 2284 that allows recommencement of civil action that is involuntarily dismissed without prejudice on any ground not adjudicating merits of action, or is involuntarily dismissed with prejudice because statute of limitations has expired, if action was filed within time allowed by statute and defendant had actual notice of filing of action not later than 60 days after action was filed.

018

Vice Chair Burdick

MOTION:  Moves HB 2284 to the floor with a DO PASS recommendation.


 

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

022

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

023

Chair Minnis

Closes the work session on HB 2284 and opens a public hearing on HB 2873A.

HB 2873A PUBLIC HEARING

025

Bill Taylor

Committee Counsel.  Introduces HB 2873A that accelerates transfer of responsibility for indigent defense services from State Court Administrator to Public Defense Services Commission.

035

Wallace P. Carson, Jr.

Chief Justice of the Oregon Supreme Court.  Testifies in support of HB 2873A.

056

Barnes H. Ellis

Public Defense Services Commission.  Submits testimony and testifies in support of HB 2873A (EXHIBIT A).

194

Peter Ozanne

Executive Director, Public Defense Services Commission.  Offers to answer any questions of the committee.

199

Chair Minnis

Closes the public hearing on HB 2873A and opens a work session.

HB 2873A WORK SESSION

200

Vice Chair Burdick

MOTION:  Moves HB 2873A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

204

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

210

Chair Minnis

Closes the work session on HB 2873A and opens a public hearing on HB 2885.

HB 2885 PUBLIC HEARING

210

Bill Taylor

Committee Counsel.  Introduces HB 2885 that provides that person convicted of driving while under the influence of intoxicants for third time is subject to revocation of driving privileges, and the -1 amendments (EXHIBIT B).

233

Rep. Jeff Barker

House District 28.  Testifies in support of HB 2885.

259

Sen. Ringo

Asks about reinstatement of a license after 10 years.

262

Rep. Barker

Replies that this legislation does not change that waiting period.

272

Anne Pratt

Mothers Against Drunk Driving (MADD).  Submits testimony and testifies in support of HB 2885 (EXHIBIT C).

367

Sen. Ringo

Comments that he supports this legislation.

377

Bruce Pratt

Lane County, Oregon.  Submits testimony and testifies in support of HB 2885 (EXHIBIT D).

446

Stephanie Tuttle

Oregon District Attorneys Association.  Testifies in support of HB 2885.

483

Chair Minnis

Closes the public hearing on HB 2885 and opens a work session.


 

HB 2885 WORK SESSION

488

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2885-1 amendments dated 5/14/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Ferrioli

500

Chair Minnis

Hearing no objection, declares the motion CARRIED.

508

Vice Chair Burdick

MOTION:  Moves HB 2885 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Ferrioli

510

Chair Minnis

Hearing no objection, declares the motion CARRIED.

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

TAPE 133, A

038

Chair Minnis

Closes the work session on HB 2885 and opens a work session on HB 2114A.

HB 2114A WORK SESSION

039

Bill Taylor

Committee Counsel.  Introduces HB 2114A that provides that single writ of garnishment may be issued for two or more judgments for past due support owed by same judgment debtor.  Says the conflict amendments are the –A2 amendments (EXHIBIT E).

047

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2114A.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Ferrioli

049

Chair Minnis

Hearing no objection, declares the motion CARRIED.

051

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2114A-A2 amendments dated 5/13/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

053

Chair Minnis

Hearing no objection, declares the motion CARRIED.

055

Vice Chair Burdick

MOTION:  Moves HB 2114A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

057

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

064

Chair Minnis

Closes the work session on HB 2114A and opens a work session on HB 2821A.

HB 2821A WORK SESSION

065

Bill Taylor

Committee Counsel. Introduces HB 2821 that clarifies authority of sheriff to use such force as is necessary to enter into building or enclosure and take personal property when court has ordered sheriff to take property into custody at specific premises, and the –A2 amendments (EXHIBIT F).


 

077

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2821A-A2 amendments dated 5/2/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

080

Chair Minnis

Hearing no objection, declares the motion CARRIED.

081

Vice Chair Burdick

MOTION:  Moves HB 2821A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

085

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

090

Chair Minnis

Closes the work session on HB 2821A and opens a public hearing on HB 2803A.

HB 2803A PUBLIC HEARING

091

Bill Taylor

Committee Counsel. Introduces HB 2803A that authorizes Department of Corrections to enter into contracts with public entity for provision of correctional services in facilities out of state.

098

Mitch Morrow

Department of Corrections.  Submits testimony and testifies in support of HB 2803A (EXHIBIT G).

122

Sen. Ringo

Asks what Oregon does with regard to sending prisoners to other states.

125

Morrow

Says there is an interstate compact program.

130

Sen. Ringo

Asks if the rental bed program contemplates using private or public prisons.

132

Morrow

Says that it would be using public prisons in other states.

135

Sen. Ringo

Asks what the cost of a bed is.

137

Morrow

Says approximately $70 to $80 per night.

146

Sen. Starr

Asks what the problem was with considering private prisons.

148

Morrow

Replies there was concern about some of the history the department had with private prisons.

155

Sen. Starr

Asks for details of what the problems were with the private prison program.

158

Morrow

Explains there were some escape problems as well as some sexual assault issues.

162

Vice Chair Burdick

Asks what is being done about the high cost of care for elderly and disabled prisoners.

169

Morrow

Says it is currently being reviewed.

176

Chair Minnis

Expresses concern about the public safety issue.

187

Sen. Walker

Addresses a number of problems with sending prisoners out of state.

207

Morrow

Explains what the criteria is for sending prisoners out of state

232

Sen. Walker

Asks about security risks from overcrowding.

236

Morrow

Explains some of the risks.

253

Sen. Walker

Asks how inmates sent out of state will be monitored.

263

Morrow

Says there will be periodic review.

281

Sen. Walker

Asks how long an inmate might be in an out-of-state prison.

289

Morrow

Says he does not have that information.

326

Chair Minnis

Says the instate beds are more cost effective.

361

Vice Chair Burdick

Asks who pays medical costs for a prisoner sent out of state.

366

Morrow

Says if it is serious, the prisoner would be brought back to Oregon.

379

Vice Chair Burdick

Asks for further understanding of medical costs in other states.

380

Morrow

Says there would be a review of medical costs if they seemed out of line.

403

Mary Botkin

American Federation of State, County and Municipal Employees.  Testifies in support of HB 2803A.

TAPE 132, B

057

Sen. Walker

Asks about the requirement for inmates to work.

066

Morrow

Says that is one of the considerations when sending an inmate out of state.

069

Sen. Walker

Asks about inmates with families.

073

Morrow

Says this is an issue that has not been addressed.

078

Sen. Walker

Says she is voting no on this bill unless she can get this addressed.

083

Vice Chair Burdick

Asks if women are being sent out of state.

089

Morrow

Says they are not.

097

Vice Chair Burdick

Asks about the jail in Portland that is not being used.

101

Morrow

Says a number of counties have approached Corrections about available beds.

110

Chair Minnis

Closes the public hearing on HB 2803A and opens a public hearing on HB 2866.

HB 2866 PUBLIC HEARING

115

Stephanie Tuttle

Oregon District Attorneys Association. Testifies in support of HB 2866 that expands circumstances under which peace officer may present evidence, examine and cross-examine witnesses and make arguments in trials involving violations.

127

Chair Minnis

Asks what kinds of cases are included.

128

Tuttle

Says violation cases such as traffic violations and minors in possession are included in this legislation.

139

Chair Minnis

Asks if there are motions to suppress evidence in these cases.

140

Tuttle

Says, typically not.

151

Vice Chair Burdick

Asks for clarification of when a district attorney is barred from the hearing.

154

Tuttle

Says it is when a person is not represented by counsel.

167

Chair Minnis

Closes the public hearing on HB 2866 and opens a work session.

HB 2866 WORK SESSION

169

Vice Chair Burdick

MOTION:  Moves HB 2866 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

173

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

176

Chair Minnis

Closes the work session on HB 2866 and opens a public hearing on HB 3363A.

HB 3363A PUBLIC HEARING

177

Bill Taylor

Committee Counsel.  Introduces HB 3363A that defines drug court program, and the –A4 amendments (EXHIBIT H).

193

Nancy Miller

State Court Administrator’s Office.  Submits testimony and testifies in support of HB 3363A (EXHIBIT I).

231

Vice Chair Burdick

Asks what the –A4 amendments do.

232

 Miller

Explains the two changes to the bill.

252

Sen. Walker

Says that she is pleased that the direct court has received a grant.

262

Chair Minnis

Asks about treatment providers setting fees.

265

Miller

Replies that it is something that they are already doing.

273

Chair Minnis

Closes the public hearing on HB 3363A and opens a work session.

HB 3363A WORK SESSION

274

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3363A-A4 amendments dated 5/2/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

276

Chair Minnis

Hearing no objection, declares the motion CARRIED.

277

Vice Chair Burdick

MOTION:  Moves HB 3363A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

281

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

285

Chair Minnis

Closes the work session on HB 3363A and calls a short recess at 9:05 a.m.

292

Chair Minnis

Reconvenes the meeting at 9:15 a.m. and opens a work session on HB 2811A.

HB 2811A WORK SESSION

298

Chuck Craig

Deputy Director, Department of Agriculture.  Says they were not consulted about the –A2 amendments to HB 2811A which expands definition of minimum care with regard to non-ambulatory livestock animals for purposes of certain criminal statutes (EXHIBIT J). 


 

341

Chair Minnis

Questions the testimony from the Department of Agriculture and says he does not like the divergence from a previous conversation.  Asks that he not come back to his committee.

376

Chair Minnis

Closes the work session on HB 2811A and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2873A, written testimony submitted by Barnes Ellis, 3 pp

B – HB 2885, -1 amendments submitted by staff, 3 pp

C – HB 2885, written testimony submitted by Anne Pratt, 2 pp

D – HB 2885, written testimony submitted by Bruce Pratt, 2 p

E – HB 2114A, -A2 amendments submitted by staff, 1 p

F – HB 2821A, -A2 amendments submitted by staff, 1 p

G – HB 2803, written testimony submitted by Mitch Morrow, 2 pp

H – HB 3363A, -A4 amendments submitted by staff, 2 pp

I – HB 3363A, written testimony submitted by Nancy Miller, 2 pp

J – HB 2811A, -A2 amendments submitted by staff, 2 pp