SENATE COMMITTEE ON JUDICIARY

 

 

February 21, 2005                                                                                               Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 40 - 41

 

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:                 Heidi Moawad, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 106 – Public Hearing

                                                SB 262 – Work Session

                                                SB 113 – 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 40, A

003

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a public hearing on SB 106.

SB 106 – PUBLIC HEARING

006

Heidi Moawad

Counsel.  Describes SB 106, relating to abuse of the elderly.

026

Erinn Kelley-Siel

Policy Advisor, Elder Abuse Task Force (EATF).  Testifies in support of SB 106.  Discusses the Governor’s Elder Abuse Task Force Report (EXHIBIT A). 

058

Kelley-Siel

Gives recent examples of why this bill needs to be passed.  Cites statistical information on elder abuse.

093

Kelley-Siel

Talks about two possible amendments the EATF recommends for SB 106.

110

Kelley-Siel

Comments on the Governor’s personal history with elder care.

127

Joyce DeMonnin

Coordinator, Elder Safe Program.  Submits testimony and testifies in support of SB 106 (EXHIBIT B). 

152

DeMonnin

Discusses the EATF that studied elder abuse in Oregon.

175

DeMonnin

Mentions elder sex abuse and financial exploitation.

208

Sen. Beyer

Inquires about some confusion in the wording of SB 106.

214

Kelley-Siel

Responds to the confusion on different sections of the bill.

240

Sen. Beyer

Wonders about the narrowing of the term “disabled person.”

248

Kelley-Siel

Comments on the definition of “disabled persons.”  Talks about an amendment that fixes the confusion.

276

Sen. Beyer

Asks about a statute relating to brain injuries on line 17, page 2 of SB 106.

286

Kelley-Siel

States that she is not sure about that statute, but will investigate.

290

Chair Burdick

Inquires about mandatory reporters.

301

DeMonnin

Replies that the EATF was not meant to focus on investigation by mandatory reporters; talks about training for mandatory reporters.  Mentions a statewide elder abuse conference in September.

325

Chair Burdick

Inquires about immunity for mandatory reporters who are wrong when reporting suspected abuse.

332

DeMonnin

Conveys that the immunity would cover those individuals.

349

Pete Shepherd

Deputy Attorney General.  Testifies in support of SB 106.  Comments on the immunity for an erroneous report made in good faith. 

380

Chair Burdick

Asks if an individual, who was not properly trained, missed the signs of elder abuse, can the law come back to prosecute them.

385

Shepherd

Responds with information on the existing mandatory reporting process and history.

407

Morgen Brodie

Program Coordinator, Department of Human Services.  Submits testimony and testifies in support of SB 106 (EXHIBIT C).

437

Brodie

Cites information on elder abuse.

475

Brodie

Continues with information on elder abuse.

TAPE 41, A

030

Brodie

Talks about the information on elder sex abuse.

059

Kamala Shugar

Deputy District Attorney, Lane County.  Testifies in support of SB 106.  Brings up the issue of threats as a means of elder abuse, and how SB 106 addresses these problems.

078

Bertran Copp

Testifies in support of SB 106.  Advocates the alteration of the bill to get around legal hang-ups.  Suggests solutions to the confusing wording in SB 106.

106

Dolores Hubert

Chair, Governor’s Commission on Senior Services.  Submits testimony and testifies in support of SB 106 (EXHIBIT D).

142

Rick Bennett

Associate State Director, American Association of Retired Persons.  Submits testimony and testifies in support of SB 106 (EXHIBIT E).

152

Timothy Marble

Submits testimony and testifies in support of SB 106 (EXHIBIT F).  Talks about the will attached to Exhibit F.  Addresses concerns raised during the drafting of the bill. 

215

Chair Burdick

Asks who drafted this bill.

217

Marble

Responds that he has drafted segments of the bill.

223

Chair Burdick

Inquires about abuse provisions in SB 106.

231

Marble

Explains the segment of the bill under question.

256

Sen. Prozanski

Wonders why there isn’t an emergency clause in the wording.

267

Marble

Responds that he would support such an amendment.

273

Sen. Whitsett

Asks about the immunity issue concerning an accusation made in good faith.

261

Chair Burdick

Interjects that they will have other witnesses who can better answer the question.

287

Marble

Discusses the wording of SB 106.

292

Bob Livingston

Oregon State Firefighter’s Council.  Testifies as a neutral party on SB 106.  Affirms his belief in approaching and battling the issue of elder abuse.  Addresses his concern of the wording in this particular bill.  Expresses his desire for more training for mandatory reporting.

346

Livingston

Discusses the problems inherent in the mandatory reporting clause.

369

Sen. Walker

Talks about training for mandatory reporters.

392

Livingston

Responds that there is already quite a bit of required training.

407

Sen. Walker

Raises the issue that district attorneys are not prosecuting mandatory reporting violations.

444

Sen. Whitsett

Asks about subtle signs of abuse.

450

Livingston

Replies that the issue of subtle abuse is a difficult one.  Discusses the problems with diagnosing injuries or signs of elder abuse.  States that there are other representatives better trained to identify these signs.

484

Sen. Beyer

Wonders if volunteer firefighters would fall under this classification.

489

Livingston

Insists that they fall under the classification.

515

Chair Burdick

Enters written testimony from Nan Heim and Claudia M. Burton (EXHIBITS G & H).

TAPE 40, B

040

Chair Burdick

Questions the wording in SB 106.

043

Shepherd

Addresses the wording in question.  Talks about the concerns that came about during the drafting of the bill.

071

Shepherd

Comments on a hypothetical self-help method to resolve guardianship issues.

097

Sen. Beyer

Talks about the mandatory reporting for child abuse.

100

Shepherd

Responds with information on the statute.

106

Sen. Beyer

Asks if volunteer firefighters would fall under this bill.

109

Shepherd

Replies that he is not sure.

111

Sen. Beyer

Wonders if elected officials fall under the definitions in this bill.

122

Shepherd

Responds with information on the definition of elected official.

131

Sen. Beyer

Raises the hypothesis of a constituent coming to him with a grievance of financial elder abuse.

138

Kelley-Siel

Replies to the hypothesis relating to mandatory reporting.

143

Chair Burdick

Wonders if there is a duty to investigate the problem.

145

Shepherd

Discusses the mandatory reporting responsibilities and process.

185

Victor Hoffer

Attorney General’s Elder Abuse Task Force.  Testifies in support of SB 106.

223

Hoffer

Addresses the earlier questions on training and mandatory reporting.

278

Chair Burdick

Closes the public hearing on SB 106 and opens a work session on SB 262.

SB 262 – WORK SESSION

295

Heidi Moawad

Counsel.  Introduces the -4 amendments (EXHIBIT I).

313

Bryan Boehringer

Director, Government Relations, Oregon Health Sciences University.  Discusses the -4 amendments, and the reasoning behind them.

330

Sen. Ringo

Inquires to the sunset clause of the bill.

335

Chair Burdick

Offers information as to the sunset clause of SB 262.

358

Sen. Starr

MOTION:  Moves to ADOPT SB 262-4 amendments dated 2/21/05.

362

Sen. Walker

Discusses the bill from last session and her decision.

374

 

VOTE:  5-1-1

AYE:            5 - Prozanski, Ringo, Whitsett, Starr, Burdick

NAY:            1 - Walker

EXCUSED:  1 – Beyer

385

Chair Burdick

The motion Carries.

389

Sen. Starr

MOTION:  Moves SB 262 to the floor with a DO PASS AS AMENDED recommendation.

391

Sen. Prozanski

States that he is reserved as to his decision, but will currently vote aye.

 

 

VOTE:  5-1-1

AYE:            5 - Prozanski, Ringo, Whitsett, Starr, Burdick

NAY:            1 - Walker

EXCUSED:  1 - Beyer

406

Chair Burdick

The motion Carries.

SEN. RINGO will lead discussion on the floor.

433

Chair Burdick

Closes the work session on SB 262 and opens a public hearing on SB 113.

SB 113 – PUBLIC HEARING

437

Heidi Moawad

Counsel.  Describes SB 113, relating to qualifying for the driving under the influence of intoxicants diversion program.

465

Teresa Douglas

Governor’s Advocacy Committee on Driving Under the Influence of Intoxicants (DUII).  Reads testimony in support of SB 113 (EXHIBIT J).

TAPE 41, B

051

Chair Burdick

Asks why they have settled on 15 years between convictions in the bill.

054

Douglas

Responds as to the choice of 15 years.

064

Sen. Whitsett

Wonders if ignition key locked breathalyzers would be a better choice for enforcement.

071

Douglas

Replies that the ignition interlock breathalyzers are best used in DUII convictions, not diversions.

075

Sen. Whitsett

Asks why they do not do better with prevention.

076

Douglas

Responds that she is not an expert on the method.

080

Sen. Ringo

Inquires why the difference between ten to 15 years is so important.

087

Douglas

Gives information as to why the years were increased in the bill.

095

Sen. Ringo

Wonders about the recidivism rates in the DUII program.

099

Douglas

Explains that she does not have statistics, but in her experience as an evaluator, she sees a 15-20% recidivism rate.

106

Sen. Ringo

Inquires if this bill will work, or will it keep those who are making an honest effort from succeeding.

111

Douglas

Affirms that they need to stop giving people a way out of the sanctions.

116

Sen. Ringo

Expresses confusion as to whether this bill will only affect the honest individuals who truly seek to clean up.

123

Moawad

Clarifies the issue on SB 113.

132

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 113.  Discusses the history of the DUII program.

180

Skye

Outlines why this will not keep drinking and driving from occurring.

185

Sen. Walker

Points out legislation that occurred in a previous session relating to these laws.

205

Kamala Shugar

Deputy District Attorney, Lane County.  Testifies in support of SB 113.  Talks about the DUII diversion program. 

242

Shugar

Addresses the true purpose of diversion and the goal of prosecutors.

270

Shugar

Offers assistance in gathering statistics on diversion programs and success rates.  Talks about the ignition interlock device mentioned earlier.

302

Anne Pratt

Crime Victim’s United & Mother’s Against Drunk Driving.  Submits testimony and testifies in support of SB 113 (EXHIBIT K).  Introduces SB 625 as a possible amendment to SB 113 (EXHIBIT L).  Submits written testimony in support of SB 113 (EXHIBITS M – O).

360

Pratt

Discusses repeat offenders.  Talks about another diversion program in Maryland.

390

Chair Burdick

Introduces written testimony from Troy E. Costales and Lloyd N. Clodfelter (EXHIBITS P & Q).

429

Chair Burdick

Closes the public hearing on SB 113 and adjourns the meeting at 3:04 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 106, Report: Governor’s Elder Abuse Task Force, Erinn Kelley-Siel, 7 pp
  2. SB 106, written testimony, Joyce DeMonnin, 8 pp
  3. SB 106, written testimony, Morgen Brodie, 2 pp
  4. SB 106, written testimony, Dolores Hubert, 2 pp
  5. SB 106, written testimony, Rick Bennett, 1 p
  6. SB 106, written testimony, Timothy Marble, 7 pp
  7. SB 106, written testimony, Nan Heim, 1 p
  8. SB 106, written testimony, BeaLisa Sydlik, 3 pp
  9. SB 262, -4 amendments, staff, 7 pp
  10. SB 113, written testimony, Teresa Douglas, 2 pp
  11. SB 113, written testimony, Anne Pratt, 2 pp
  12. SB 625, written testimony, staff, 8 pp
  13. SB 113, Study: Any First Alcohol-Impaired Driving Event is a Significant and Substantial Predictor of Future Recidivism, Bruce Pratt, 7 pp
  14. SB 113, written testimony, Bruce Pratt, 2 pp
  15. SB 113, National Transportation Safety Board Safety Report, Bruce Pratt, 5 pp
  16. SB 113, written testimony, Troy E. Costales, 1 p
  17. SB 113, written testimony, Lloyd N Clodfelter, 1 p