SENATE COMMITTEE ON JUDICIARY

 

 

July 2, 2003                                                                                                         Hearing Room 343

8:00 a.m.                                                                                                                   Tapes 182 - 184

 

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

Nancy Massee, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 3426A 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 182, A

004

Chair Minnis

Calls the meeting to order at 8:16 a.m., and opens a public hearing on HB 3426A.

HB 3426A PUBLIC HEARING

014

Rep. Jeff Barker

House District 28.  Gives background on HB 3426A that specifies circumstances under which peace officer and corrections officer may use deadly physical force.  Expresses concern that the bill is going too swiftly through the committee.

033

Chair Minnis

Asks for clarification of the 1985 case which caused introduction of the original bill.

036

Rep. Barker

Discusses Tennessee v. Gardner.

053

Sen. Burdick

Asks if the Gardner case tightened the standards.

055

Rep. Barker

Replies, yes.  Explains that there now has to be a threat to life.

100

Walker

Asks about the Supreme Court case, Gerry v. New Jersey.

102

Rep. Barker

Explains the case that grants immunity to a police officer.

108

Chair Minnis

Comments on HB 3426A and explains the purpose of this bill is to raise the level of understanding and scrutiny to these situations.

126

Craig Prins

Committee Counsel. Explains HB 3426A which specifies circumstances under which peace officer and corrections officer may use deadly physical force. Introduces the -A5 amendments with a section-by-section overview (EXHIBIT A).

190

Ringo

Asks what the current law is in recording grand jury hearings.

192

Prins

Responds currently in Oregon, there is no law on recording grand jury hearings.

200

Prins

Continues explaining the bill and amendments.

257

Sen. Walker

Explains her experience recording for grand juries and the secrecy of testimony and confidentiality followed.

275

Sen. Ferrioli

Wonders about the history behind grand jury secrecy.

304

Prins

Explains testimony by an officer and the impeaching of witnesses.

342

Sen. Ringo

Asks about the Attorney General’s review of the District Attorney’s report.

347

Sen. Minnis

Explains the Attorney General’s role.

383

Prins

Refers to Ch 146 of the Oregon Revised Statutes on investigation of deaths.

458

Sen. Walker

Asks if this is an “epidemic” type behavior.

470

Chair Minnis

Discusses officer-involved shootings over the past 5 years.

TAPE 183, A

044

Mike Schrunk

District Attorney, Multnomah County.  Submits testimony and testifies in support of HB 3426A (EXHIBIT B).  Provides some history of grand juries and their veil of secrecy.

095

Schrunk

Discusses the checks and balances used by the police force.

148

Sen. Ringo

Asks if it is the District Attorney who would initiate the grand jury.

149

Schrunk

Responds, yes.  Explains the criteria used to decide to use the grand jury.

195

Sen. Ringo

Suggests all police shootings need to have some public investigation.

204

Schrunk

Agrees.

238

Chair Minnis

Says the –A5 amendment originally did encompass that in all circumstances of death and serious physical injury there would be a grand jury.

274

Sen. Avel Gordly

Senate District 23. Testifies in support of HB 3426A. Submits booklet that refers to Portland’s community forum that last night heard citizens speak on the recent killing of a young woman fleeing from a police officer (EXHIBIT C). Stresses that police officers must have adequate training in procedures and use of weapons. Describes Oregon’s training as compared to national training.   

TAPE 182, B

012

Vice Chair Burdick

Explains that in Portland police officers are not trained through the Department of Public Safety Standards and Training (DPSST), that they have their own training program, and wonders about the adequacy of that training.

012

Chair Minnis

Discusses corrections training and says the Portland police are trained through DPSST as well as their own training program.

036

Mark Landauer

City of Portland.  Says there are 3 basic training programs in the City of Portland at this time.


 

042

Sen. Margaret Carter

Senate District 22. Testifies in support of HB 3426A and the –A5 amendments. Describes historical changes in society and expresses the need to make changes in the grand jury system.

101

Chair

Asks District Attorney Schrunk about hearsay in grand jury hearings.

106

Schrunk

Describes rules of evidence and hearsay.  Says only admissible evidence at trial is permitted.

232

Mitch Morrow

Department of Corrections.  Submits testimony and testifies in support of HB 3426A (EXHIBIT D).

251

Vice Chair Burdick

Asks what the problem was in the Department of Corrections that is being addressed in HB 3426A.

256

Morrow

Replies HB 3426A provides the opportunity to bring deadly force issues to one place.

275

Brad Berry

Oregon District Attorney Association. Testifies as neutral on HB 3426A.  Feels grand juries are confidential for good reason.

TAPE 183, B

030

Berry

Continues discussing the District Attorney’s responsibility in deadly force cases.

053

Mike Dugan

Deschutes County District Attorney.  Submits testimony and testifies with qualified support of HB 3426A (EXHIBIT E). Discusses how the grand jury system operates. Supports confidentiality of the grand jury.

167

Chair Minnis

Discusses safeguards in amendments.

224

Pete Shepherd

Department of Justice (DOJ). Submits testimony and testifies in support of HB 3426A (EXHIBIT F). Discusses secrecy of grand juries and describes the oath of jurors.

371

Chair Minnis

Discusses role of Attorney General.

384

Shepherd

Discuss how oversight could be addressed through the district attorneys.

409

Chair Minnis

Asks about cases when district attorneys do not carry out their responsibilities.

413

Shepherd

Explains that the Governor can direct the Attorney General to take over the affairs of a particular District Attorney.

474

John Powell

Oregon State Sheriffs Association.  Testifies in support of HB 3426A.

TAPE 184, A

077

Chair Minnis

Asks how counties cover civil actions in these cases.

081

Powell

Says the County Board of Commissioners approves appropriations.

087

Sen. Ferrioli

Comments on the burden of paying for these actions in very small counties.

114

Tom Gallagher

Oregon Newspaper Publishers Association.  Testifies in support of the –A5 amendments to HB 3426A.

135

Brian DeLashmutt

Oregon Council of Police Associations (OCPA). Testifies in support of HB 3426A. Suggests Section 5, “may submit” rather than “shall”. Supports more training of officers.

238

Marc Adams

Oregon Association of Chiefs of Police (OACP). Testifies in support of HB 3426A.  Emphasizes the importance of training police officers in deadly force incidents.

296

Chair Minnis

Refers to the counseling included in the bill for officers in deadly force incidents.

340

Marlene Howell

Sisters of the Road Café, Portland. Testifies in support of HB 3426A. Refers to the Portland community meeting last night regarding the killing of a young girl recently by a police officer while she was fleeing.

401

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in support of HB 3426A and the –A5 amendments.  Discusses secrecy element of the grand jury process.

TAPE 184, B

013

Skye

Continues presentation on HB 3426A suggesting some possible changes.

087

Jef Van Valkenburgh

General Counsel, Oregon Department of Corrections. Discusses policy of the Department of Corrections.  Suggests some changes to the –A5 amendments.

125

Chair Minnis

Closes the public hearing on HB 3426A and adjourns the meeting at 10:45 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3426A, -A5 amendments submitted by staff, 8 pp

B – HB 3426A, written testimony submitted by Michael D. Schrunk, 2 pp

C – HB 3426A, printed material submitted by Sen. Avel Gordly, 72 pp

D – HB 3426A, written testimony submitted by Mitch Morrow, 1 p

E – HB 3426A, written testimony submitted by Michael Dugan,  2pp

F – HB 3426A, written testimony submitted by Pete Shepherd, 22 pp