SENATE COMMITTEE ON JUDICIARY

 

 

February 01, 2005                                                                                               Hearing Room 343

1:00 p.m.                                                                                                                       Tapes 19 - 20

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD & WITNESSES:      

SB 203 – Work Session

      Kelly Skye, Oregon Criminal Defense Lawyers Association

SB 198 – Public Hearing

Ronelle Shankle, Department of Justice

Phyllis Barkhurst, Attorney General’s Sexual Assault Task Force

Paul Burgett, Coos County District Attorney

                                                      Una Swanson, Department of Human Services

                                                      Terrie Quinteros, Western Prison Project         

                                                SB 199 – Public Hearing

Ronelle Shankle, Department of Justice

Phyllis Barkhurst, Attorney General’s Sexual Assault Task Force

Paul Burgett, Coos County District Attorney

                                                      Kelly Skye, Oregon Criminal Defense Lawyers Association

                                                      Stephanie Tuttle, Oregon District Attorneys Association

                                                      Terrie Quinteros, Western Prison Project         

                                                SB 200 – Public Hearing

Paul Burgett, Coos County District Attorney

Phyllis Barkhurst, Attorney General’s Sexual Assault Task Force

Stephanie Tuttle, Oregon District Attorneys Association

                                                      Kelly Skye, Oregon Criminal Defense Lawyers Association                  Andrea Meyer – American Civil Liberties Union

 

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 19, A

004

Chair Burdick

Calls the meeting to order at 1:11 p.m.  Opens a work session on SB 203, which relates to the statute of limitations on certain sex abuse cases.

SB 203 – WORK SESSION

016

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Discusses the problems with proposed amendments to SB 203.

032

Joe O’Leary

Committee Counsel.  Describes SB 203, relating to statute of limitations in sex and child abuse cases.

054

Sen. Walker

Inquires about limiting the incentive for “mandatory reporting” to actually report such a crime.

065

Chair Burdick

Explains the idea of “mandatory reporter” and the responsibilities inherent in the term for the individual.

077

Sen. Walker

States that there is a statute already in place for abuse cases, but feels there should be no statute for sex abuse cases.

092

O’Leary

Reviews SB 203’s timeline in regards to the “mandatory reporter” clause.  Talks about the alteration of the term “other governmental agency” to “the Department of Human Services (DHS).”

112

Sen. Prozanski

Raises concern of victim’s right to a trial and the failure of a “mandatory reporter.”

125

Sen. Walker

Details a bill coming up, SB 872, that increases the fines and penalties of mandatory reporting violations.

140

Sen. Ringo

Raises concerns of the accused, and addresses how an increase of the statute of limitations can cause problems for defendants.

151

Sen. Prozanski

Acknowledges the need for a balance between the rights of the victim and the accused.

165

Sen. Beyer

MOTION:  Moves SB 203 to the floor with a DO PASS recommendation.

172

Sen. Beyer

Conveys the desire for an amendment to address the issue of the mandatory reporter actually committing the crime and starting the statute of limitations early.

183

O’Leary

Reports that the statute, as it’s written now, could be abused in such a way, but there is a bill currently addressing the issue.

200

Sen. Beyer

Asks if the statute of limitations begins if an employee of DHS abuses a child, and is therefore also a mandatory reporter.

213

O’Leary

Acknowledges that fact, and also raises the concern of the mandatory reporter, and the abuser, being a law enforcement officer which would also start the clock.

218

Sen. Prozanski

Raises issue of a mandatory reporter who also commits the sex crime being protected under self-incrimination law.

225

O’Leary

Proclaims there might be a defense to this, but not sure.

231

Sen. Whitsett

States that maybe we should focus on the law we have as opposed to writing a new one.

250

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

254

Chair Burdick

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

258

Chair Burdick

Closes work session on SB 203.  Opens public hearing on SB 198.

SB 198 - PUBLIC HEARING

272

Joe O’Leary

Counsel.  Introduces SB 198, relating to personal representatives being available to individuals during the court process.

290

Ronelle Shankle

Policy Projects and Legislative Coordinator, Department of Justice.  Testifies in support of SB 198 with provided amendments.  Submits written testimony (EXHIBIT A).

330

Phyllis Barkhurst

Director, Attorney General’s Sexual Assault Task Force.  Discusses her history in the criminal justice system, and her involvement with the Sexual Assault Task Force committees and their support for SB 198. 

375

Barkhurst

Talks about a statewide approach to victim assistance response and the prosecution of guilty parties.

395

Paul Burgett

Coos County District Attorney.  Reports other states’ experience in victim assistance by minimizing trauma for the individual. 

435

Chair Burdick

Asks how often a victim is allowed to bring a friend or confidante with them.

440

Barkhurst

Replies they don’t know exact numbers.

447

Sen. Beyer

Inquires about the statutes preventing the accompanying of victims through the process.

462

Burgett

Discloses that such an occurrence would currently be up to the different jurisdictions.

477

Sen. Beyer

Wonders if there is a method or mandate able to dictate a representative for victims.

TAPE 20, A

030

Burgett

Replies that those types of scenarios bring different problems, not the least of which is compensation for those mandated individuals.  Stresses this bill’s focus is to allow friends, family, and other individuals to accompany the victim throughout the process.

038

Barkhurst

Points out that many of these cases never get far enough to go to court.

045

Chair Burdick

Wonders about younger individuals (i.e., children) already having confidantes with them.

050

Barkhurst

States that this bill is an attempt to get an agreed age of consent across the state.  Discusses the problems with adolescent responses to certain situations in comparison to adult responses.

064

Shankle

Comments on the amendments currently under consideration that will take care of certain concerns raised by committee members.  Reemphasizes the desire to support the victims and not hurt them in any way.

075

Sen. Prozanski

Asks about the definition of protective service workers whose role is to protect children and vulnerable adults.

090

Barkhurst

Reports that the definition included in the bill was aimed at two universities with sworn officers.

100

Una Swanson

Department of Human Services.  Submits testimony and testifies in opposition to SB 198 as written, but would conceptually support the bill if amendments discussed were put into place (EXHIBIT C).

111

Sen. Prozanski

Inquires about the issues and concerns her department is worried about.

118

Swanson

Replies that certain language is not too clear and that there is currently cooperation on the bill to resolve the issue.

131

Terrie Quinteros

Reads testimony (EXHIBIT D) in support of SB 198.

147

Chair Burdick

Closes Public Hearing on SB 198 and opens public hearing on SB 199.

SB 199 - PUBLIC HEARING

156

Joe O’Leary

Counsel.  Describes SB 199, relating to prohibiting the copy or distribution of sexually explicit evidence in cases involved with sexual abuse of children.

168

Ronelle Shankle

Policy Projects and Legislative Coordinator, Department of Justice.  Submits a proposed amendment and testifies in support of SB 199 (EXHIBITS B & E).

179

Phyllis Barkhurst

Director, Attorney General’s Sexual Assault Task Force.  Describes the impetus and creation of SB 199.

189

Paul Burgett

Coos County District Attorney.  Reviews the process of the bill through the prosecution.  Describes the results of the passage of this bill on the court process and the victim’s well-being.

263

Shankle

Emphasizes that they support the concept, but the accompanying amendments need to be added before they fully support the bill. 

277

Chair Burdick

Inquires about the judge’s discretion to enter protective orders.

280

Burgett

Describes a judge’s responsibilities and privileges in protective orders. Reviews the need of a policy sensitive to victim’s rights.

297

Chair Burdick

Wonders if there are exemptions under this bill.

303

Burgett

Responds yes.

309

Chair Burdick

Questions if there have been cases where protective orders should have been issued.

311

Burgett

States that in Coos County, the courts have uniformly rejected a similar process, and he wants a legislative action to support victim’s rights.

338

Sen. Walker

Asks if just video and audio imagery is covered.

365

Burgett

Replies yes, it is only sexually explicit imagery, conversations, etc. is covered in this.  Reiterates that the ability of the government is not hampered by this, and the bill was only introduced to protect the victim.

400

Shankle

Mentions Exhibit E in order to respond to Sen. Walker’s hesitation to provide protection to criminals.

424

Kelly Skye

Legislative Representative, Oregon Criminal Defense Lawyers Association (OCDLA).  Asserts that the OCDLA will comply with any and all court orders.  Raises concerns about how the bill refers to the term “expert witness.”  Stresses that it limits their ability to defend their clients.   Illustrates the conflicts of some of the wording in SB 199.

TAPE 19, B

037

Stephanie Tuttle

Oregon District Attorney Association.  Testifies in support of SB 199.  Talks about the erotic imagery, or any imagery of children in any state of undress, and how the different counties control such court documents.

070

Terrie Quinteros

Western Prison Project.  Reads testimony in support of SB 199 (EXHIBIT F).

080

Chair Burdick

Closes public hearing on SB 199.  Opens public hearing on SB 200.

SB 200 - PUBLIC HEARING

083

Joe O’Leary

Counsel.  Describes SB 200, relating to the elimination of statute of limitations for specified sex crimes under certain circumstances.

117

Paul Burgett

Coos County District Attorney.  Begins discussion on DNA sampling as an incredibly effective method of solving sexual crimes. 

147

Sen. Prozanski

Wonders about the breadth and width of the crime listings in the amendment.

150

Phyllis Barkhurst

Attorney General’s Sexual Abuse Task Force (SATF).  Explains that they wanted to cover as much ground as possible.  SATF testimony of Ronelle Shankle (EXHIBIT C). EXHIBIT

157

Sen. Prozanski

Inquires about Class A misdemeanors being brought against someone half a century later, and the dangers inherent in this type of a bill for defendants.

178

Burgett

Replies that the right to a speedy trial precludes such a problem, and the district attorney would have to weigh certain situations.  Details the repetitive nature of sex offenders, how they don’t change their nature over time, and the appropriateness of any action against them.

195

Chair Burdick

Contends that the statue of limitations has nothing to do with a speedy trial, as you could start a trial fifty years later and only then process a speedy trial.

200

Burgett

Responds in the affirmative, and that the local district attorney would make the call in those instances.

211

Sen. Beyer

Inquires about misdemeanors on the list.

214

Sen. Prozanski

Answers that sex abuse in the third degree is the only listing.

220

Sen. Walker

Wonders about the drastic increase in the statute of limitations over the past few years.

235

Barkhurst

States that the increase in the statutes as well as the increase of DNA technology has greatly increased the criminal justice system’s ability to convict criminals.

252

Stephanie Tuttle

Oregon District Attorneys Association.  Expresses that the bill allows the criminal justice system to prosecute criminals, regardless of the time frame under certain cases.

274

Kelly Skye

Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 200, and describes the individual’s right to a speedy trial being hampered by this bill.

300

Skye

Discusses the problems the OCDLA has with the wording of SB 200.  Reviews the greater expansion of crimes appropriate for the elimination of a statute of limitations under this bill.

366

Skye

Expresses the desire to use DNA as a method of clearing convicted individuals’ records, and the reciprocal thought that if the statue of limitations is eradicated for certain offenders, the statute should also be eliminated from using DNA information to free them (there is a limited time frame currently).

375

Chair Burdick

Asks about DNA evidence.

380

Skye

Describes the collection and interpretation of DNA evidence.

407

Chair Burdick

Wonders about the use of DNA evidence as the only concrete evidence available.

410

Skye

States that only in “cold hit” cases would that normally happen, and reiterates that she has never had a case such as that.

435

Chair Burdick

Inquires about other investigation options being limited over large amounts of time.

438

Skye

Replies in the affirmative.  States that over time, evidence disappears and memories fade.

459

Andrea Meyer

American Civil Liberties Union.  Reads testimony in opposition to SB 200 (EXHIBIT G).

TAPE 20, B

122

Chair Burdick

Closes public hearing on SB 200 and adjourns the meeting at 2:40 p.m. 

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 198, written testimony, Ronelle Shankle, 2pp
  2. SB 199, written testimony, Ronelle Shankle, 2pp
  3. SB 200, written testimony, Ronelle Shankle, 2pp
  4. SB 198, proposed amendment, Ronelle Shankle, 1p
  5. SB 198, written testimony, Una Swanson, 2pp
  6. SB 198, written testimony, Terrie Quinteros, 1p
  7. SB 199, proposed amendment, Ronelle Shankle, 5pp
  8. SB 199, written testimony, Terrie Quinteros, 1p
  9. SB 200, written testimony, Andrea Meyer, 5pp