SENATE COMMITTEE ON JUDICIARY

 

 

June 05, 2003 Hearing Room 343

8:00 a.m. Tapes 152-153

 

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 3093A Work Session

SB 610 Public Hearing and Work Session

HB 2490A Public Hearing and Work Session

SB 895 Public Hearing and Work Session

HB 3259A Public Hearing and Work Session

HB 2425A Work Session

HB 2095A Work Session

HB 3389A Work Session

HB 2275A Public Hearing and Work Session

HB 2276A Public Hearing and Work Session

HB 2865A Public Hearing

 

 

 

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speakers exact words. For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 152, A

003

Chair Minnis

Calls the meeting to order at 8:20 a.m. and opens a work session on HB 3093A.

HB 3093A WORK SESSION

007

Bill Joseph

Committee Counsel. Introduces HB 3093A that allows individual to ask public body not to disclose individuals electronic mail address. Says that the A6 and A8 amendments have already been adopted (EXHIBITS A & B). Introduces the A9 amendments (EXHIBIT C).

020

Vice Chair Burdick

Discusses the -A9 amendments and explains that they include a sunset provision.

037

Rep. Mary Nolan

House District 36. Testifies in support of HB 3093A and the A9 amendments.

050

Sen. Walker

Asks for an explanation of the A10 amendments (EXHIBIT D).

066

Vice Chair Burdick

Explains the difference between the A9 and A10 amendments.

082

Joseph

Provides further information regarding the A9 and A10 amendments.

103

Sen. Walker

Expresses her concern and says she will not support the A9 and A10 amendments.

117

Vice Chair Burdick

Asks for a discussion from Janet Phillips of Oregon Health Sciences University (OHSU) about exemption of information to the public.

141

Janet Phillips

OHSU legal counsel. Explains what the protocol is for disseminating information.

240

Sen. Walker

Asks for clarification of her letter presented to the committee at the last hearing where she refers to information being twisted.

260

Phillips

Explains her comments.

269

Chair Minnis

Relates a personal experience of having his statements to Willamette Week misconstrued.

280

Sen. Ringo

Notes the two-year sunset clause, and asks what will be done to resolve the conflict during this time.

284

Phillips

Provides an explanation of an internal process.

295

Vice Chair Burdick

MOTION: Moves to ADOPT HB 3093A-A9 amendments dated 5/21/03.

 

 

VOTE: 5-1

AYE: 5 - Burdick, Ferrioli, Ringo, Starr C., Minnis

NAY: 1 Walker

297

Chair Minnis

The motion CARRIES.

331

Vice Chair Burdick

MOTION: Moves HB 3093A to the floor with a DO PASS AS AMENDED recommendation.

338

Sen. Walker

Asks what amendments have been adopted.

340

Joseph

Says that the -A6, -A8 and -A9 amendments have been adopted.

341

 

VOTE: 5-1

AYE: 5 - Burdick, Ferrioli, Ringo, Starr C., Minnis

NAY: 1 Walker

343

Chair Minnis

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

349

Chair Minnis

Closes the work session on HB 3093A and opens a public hearing on SB 610.

SB 610 PUBLIC HEARING

359

Craig Prins

Committee Counsel. Introduces SB 610 that requires certain employers to allow employees who are crime victims to take leave from employment to attend criminal or juvenile proceedings or other proceedings at which crime victims have right to be present, and the -3 amendments (EXHIBIT E).

448

Chair Minnis

Closes the public hearing on SB 610 and opens a work session.

SB 610 WORK SESSION

450

Vice Chair Burdick

MOTION: Moves to ADOPT SB 610-3 amendments dated 4/29/03.

 

 

VOTE: 6-0

451

Chair Minnis

Hearing no objection, declares the motion CARRIED.

452

Vice Chair Burdick

MOTION: Moves SB 610 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 6-0

456

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BROWN will lead discussion on the floor.

TAPE 153, A

006

Chair Minnis

Closes the work session on SB 610 and opens a public hearing on HB 2490A.

HB 2490A PUBLIC HEARING

015

Rep. Jeff Kruse

House District 7. Testifies in support of HB 2490A that modifies purpose of planning and advisory committee relating to children whose parents are involved in criminal justice system.

040

Heather Brunelle

Private Citizen. Testifies in support of HB 2490A. Discusses being incarcerated when her child was 4 weeks old, and the difficult adjustment of being released to the responsibility of being a mother to a 4 year old.

053

Sen. Walker

Asks if she was at Coffee Creek.

056

Brunelle

Says, yes.

079

Rep. Kruse

Says this program in the prison system is one of the more positive ones.

088

Janet Carlson

Marion County Commissioner. Submits printed material and testifies in support of HB 2490A (EXHIBIT F).

133

Ron Adams

Director, Oregon Youth Conservation Corp. Testifies in support of HB 2490A.

155

Diana Janowski

Private Citizen. Testifies in support of HB 2490A.

170

Chair Minnis

Closes the public hearing on HB 2490A and opens a work session.

HB 2490A WORK SESSION

176

Vice Chair Burdick

MOTION: Moves HB 2490A to the floor with a DO PASS recommendation.

 

 

VOTE: 5-0-1

EXCUSED: 1 - Sen. Ringo

190

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

193

Chair Minnis

Closes the work session on HB 2490A and opens a public hearing on SB 895.

SB 895 PUBLIC HEARING

184

Craig Prins

Committee counsel. Introduces SB 895 that increases criminal penalties for selling, giving or otherwise providing alcoholic beverages to person under 21 years of age, and the -4 amendments (EXHIBIT G).

238

Sen. Walker

Gives an example and asks if it would apply.

146

Prins

Says, yes.

247

Sen. Walker

Says she doesnt agree with this concept.

251

Prins

Explains that under current law the penalty is a Class A misdemeanor, and includes a fine of up to $5000 and a possible prison term. This legislation would increase the minimum fine by $650.

289

Vice Chair Burdick

Asks if the mandatory $1000 fine would apply if the act is reduced to a violation.

292

Prins

Replies that his understanding is that it would.

310

Chair Minnis

Believes that the courts still have discretion on the fine and the amount.

317

Prins

Agrees that judges can be flexible when it comes to re-payment plans.

325

Sen. Walker

Expresses concern.

340

Chair Minnis

Closes the public hearing on SB 895 and opens a work session.

SB 895 WORK SESSION

344

Vice Chair Burdick

MOTION: Moves to ADOPT SB 895-4 amendments dated 5/28/03.

 

 

VOTE: 5-0-1

EXCUSED: 1 - Sen. Ringo

345

Chair Minnis

Hearing no objection, declares the motion CARRIED.

348

Vice Chair Burdick

MOTION: Moves SB 895 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 4-1-1

AYE: 4 - Burdick, Ferrioli, Starr C., Minnis

NAY: 1 - Walker

EXCUSED: 1 - Ringo

360

Chair Minnis

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

367

Chair Minnis

Closes the work session on SB 895 and opens a public hearing on HB 3259A.

HB 3259A PUBLIC HEARING

375

Rep. Jackie Dingfelder

House District 45. Submits testimony and testifies in support of HB 3259A that provides additional means of establishing identity of controlled substance in prosecutions involving controlled substances (EXHIBIT H), and the A4 amendments (EXHIBIT I) and the A5 amendments (EXHIBIT J).

TAPE 152, B

012

Mark Landauer

City of Portland. Submits written testimony in support of HB 3259A (EXHIBIT K).

015

Chair Minnis

Closes the public hearing on HB 3259A and opens a work session.

HB 3259A WORK SESSION

018

Vice Chair Burdick

MOTION: Moves to ADOPT HB 3259A-A4 amendments dated 5/2/03.

018

Vice Chair Burdick

MOTION: Moves to ADOPT HB 3259A-A5 amendments dated 5/15/03.

 

 

VOTE: 6-0

020

Chair Minnis

Hearing no objection, declares the motion CARRIED.

021

Vice Chair Burdick

MOTION: Moves HB 3259A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 6-0

025

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

029

Chair Minnis

Closes the work session on HB 3259A and opens a work session on HB 2425A.

HB 2425A WORK SESSION

035

Bill Taylor

Committee Counsel. Explains HB 2425A exempts from disclosure under public records law public bodys plan in connection with threat against individual or public safety.

049

Vice Chair Burdick

MOTION: Moves HB 2425A to the floor with a DO PASS recommendation.

 

 

VOTE: 6-0

051

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

053

Chair Minnis

Closes the work session on HB 2425A and opens a work session on HB 2095A.

HB2095A WORK SESSION

055

Bill Taylor

Committee Counsel. Introduces HB 2095A that requires court or enforcing agency issuing child support order to direct obligor to provide health care coverage to child under health benefit plan under certain circumstances, and the A4 conflict amendments (EXHIBIT L).

060

Vice Chair Burdick

MOTION: Moves to RECONSIDER the vote by which HB 2095A was sent to the floor with a DO PASS recommendation with a subsequent referral to Ways & Means.

 

 

VOTE: 6-0

067

Chair Minnis

Hearing no objection, declares the motion CARRIED.

071

Vice Chair Burdick

MOTION: Moves to ADOPT HB 2095A-A4 amendments dated 6/4/03.

 

 

VOTE: 6-0

075

Chair Minnis

Hearing no objection, declares the motion CARRIED.

081

Vice Chair Burdick

MOTION: Moves HB 2095A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE: 6-0

096

Chair Minnis

Hearing no objection, declares the motion CARRIED.

100

Chair Minnis

Closes the work session on HB 2095A and opens a work session on HB 3389A.

HB 3389A WORK SESSION

105

Bill Taylor

Committee Counsel. Introduces HB 3389A that provides additional means of establishing identity of controlled substance I prosecutions involving controlled substances, and the A2 amendments (EXHIBIT M).

 

115

Vice Chair Burdick

MOTION: Moves to SUSPEND the rules for the purpose of considering conceptual amendments to HB 3389A.

 

 

VOTE: 6-0

118

Chair Minnis

Hearing no objection, declares the motion CARRIED.

119

Vice Chair Burdick

MOTION: Moves to AMEND the -A2 amendments to HB 3389A on page 1, "delete line 10.

 

 

VOTE: 6-0

125

Chair Minnis

Hearing no objection, declares the motion CARRIED.

135

Taylor

Explains the A2 amendments to HB 3389A as conceptually amended.

138

Michael Dugan

Deschutes County District Attorney. Requests an emergency clause be added to the bill.

157

Chair Minnis

Decides to bring the bill back on Monday, June 9, closes the work session on HB 3389A and opens a public hearing on HB 2275A.

HB 2275A PUBLIC HEARING

181

Wendy Johnson

Oregon Law Commission. Testifies in support of HB 2275 that prohibits unlawful discrimination based on age by place of public accommodation under certain circumstances.

200

Chair Minnis

Closes the public hearing on HB 2275A and opens a work session.

HB 2275A WORK SESSION

203

Vice Chair Burdick

MOTION: Moves HB 2275A to the floor with a DO PASS recommendation.

 

 

VOTE: 5-0-1

EXCUSED: 1 - Sen. Ferrioli

208

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

211

Chair Minnis

Closes the work session on HB 2275A and opens a public hearing on HB 2276A.

HB 2276A PUBLIC HEARING

213

Wendy Johnson

Oregon Law Commission. Testifies in support of HB 2276A that permits compensatory and punitive damages in civil action for violation of certain injured worker rights.

227

Chair Minnis

Closes the public hearing on HB 2276A and opens a work session.

HB 2276A WORK SESSION

228

Vice Chair Burdick

MOTION: Moves HB 2276A to the floor with a DO PASS recommendation.

 

 

VOTE: 5-0-1

EXCUSED: 1 - Sen. Ferrioli

230

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

239

Chair Minnis

Closes the work session on HB 2276A and opens a public hearing on HB 2865A.

HB 2865A PUBLIC HEARING

242

Bill Taylor

Committee Counsel. Introduces HB 2865A that allows district attorney to treat certain non-person felonies as Class A misdemeanors, and the A5 and A6 amendments (EXHIBIT N & O).

277

John Bradley

Former District Attorney, Multnomah County. Submits the testimony of Michael Schrunk, District Attorney for Multnomah County (EXHIBIT P), and testifies in support of HB 2865. Says the Oregon Criminal Defense Lawyers Association (OCDLA) is neutral on this bill.

405

Chuck French

Deputy District Attorney, Multnomah County. Testifies in support of HB 2865A.

TAPE 153, B

027

Vice Chair Burdick

Asks what the penalty is for lying before the grand jury.

031

French

Explains the penalties.

048

Vice Chair Burdick

Gives an example and asks who would be responsible for the perjury in this instance.

053

French

Explains how it would be handled.

088

Chair Minnis

Discusses how ambiguous reports are usually handled.

101

French

Says there are a number of exceptions to the hearsay laws.

113

Chair Minnis

Asks if a police officer has ever been prosecuted for false statements or reports.

115

French

Says he recalls only one case.

128

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 2865A. Says there is no longer opposition to the A5 amendments and explains the A6 amendments.

183

Chair Minnis

Asks about additional testimony being brought by the district attorney to the grand jury.

187

Russell

Agrees that a grand jury may not render a judgment without additional testimony.

211

Vice Chair Burdick

Asks if OCDLA would support the bill if the A6 amendments are adopted.

214

Russell

Responds, yes.

241

French

Responds to prior testimony. Discusses the kinds of warrants that are available in obtaining indictments.

294

Chair Minnis

Closes the public hearing on HB 2865A and adjourns the meeting at 10:10 a.m.

 

 

EXHIBIT SUMMARY

 

A HB 3093A, -A6 amendments submitted by staff, 1 p

B HB 3093A, -A8 amendments submitted by staff, 1 p

C HB 3093A, -A9 amendments submitted by staff, 7 pp

D HB 3093A, -A10 amendments submitted by staff, 7 pp

E SB 610, -3 amendments submitted by staff, 3 pp

F HB 2490A, printed material submitted by Janet Carlson, 29 pp

 

G SB 895, -4 amendments submitted by staff, 3 pp

H HB 3259A, written testimony submitted by Rep. Jackie Dingfelder, 8 pp

I HB 3259A, -A4 amendments submitted by staff, 1 p

J HB 3259A, -A5 amendments submitted by staff, 1 p

K HB 3259A, written testimony submitted by Mark Landauer, 2 pp

L HB 2095A, -A4 amendments submitted by staff, 6 pp

M HB 3389A, -A2 amendments submitted by staff, 1 p

N HB 2865A, -A5 amendments submitted by staff, 1 p

O HB 2865A, -A6 amendments submitted by staff, 1 p

P HB 2865A, written testimony submitted by John Bradley, 2 pp