SENATE COMMITTEE ON JUDICIARY

 

 

March 03, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 54 - 55

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

STAFF PRESENT:                 Joe O'Leary, Counsel

                                                William E. Taylor, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 248 – Work Session

                                                SB 252 – Work Session

                                                SB 36 – Public Hearing

                                                SB 94 – Public Hearing

                                                SB 95 – 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 54, A

003

Chair Burdick

Calls the meeting to order at 1:15 p.m. and opens a work session on SB 248.

SB 248 – WORK SESSION

008

Joe O’Leary

Counsel.  Describes SB 248 relating to the power of a guardian to withhold or withdraw artificially administered nutrition and hydration for a protected person.

027

Sen. Starr

MOTION:  Moves SB 248 to the floor with a DO PASS recommendation.

030

Sen. Whitsett

Asks about the possibility of a permanently incapacitated individual eventually recovering.

037

O’Leary

States his belief that there is a provision requiring medical evidence of a terminal condition.

053

Sen. Whitsett

Asks his earlier question again for the witness.

061

Bob Joondeph

Director, Oregon Advocacy Center.  Gives information as to the determination of a person returning to consciousness after a prolonged coma.

067

O’Leary

Cites statute with an exception in limiting the administering of artificial hydration and nutrition.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Beyer, Prozanski, Ringo

084

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

086

Chair Burdick

Closes the work session on SB 248 and opens a work session on SB 252.

SB 252 – WORK SESSION

089

William E. Taylor

Counsel.  Describes SB 252 relating to the definitions of “compensable crime” and “injury” for purposes of crime victims’ compensation.  Introduces the -1 amendment (EXHIBIT A).

124

Sen. Starr

MOTION:  Moves to ADOPT SB 252-1 amendments dated 3/3/05.

 

 

VOTE: 5-0-2

EXCUSED:  2 - Beyer, Ringo

129

Chair Burdick

Hearing no objection, declares the motion CARRIED.

130

Sen. Starr

MOTION:  Moves SB 252A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Ringo

135

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

137

Chair Burdick

Closes the work session on SB 252 and opens a public hearing on SB 36.

SB 36 – PUBLIC HEARING

140

Joe O’Leary

Counsel.  Describes SB 36 relating to new subpoenas not needing to be served in criminal actions when the date or time of appearance has changed if the person subpoenaed is notified of the change.  Introduces the -1 amendment (EXHIBIT B).  Discusses an additional amendment being drafted.

157

Mike Dugan

District Attorney, Deschutes County.  Testifies in support of SB 36.

166

Terry Leggert

Marion County Circuit Court Judge.  Submits testimony and proposed amendments and testifies in support of SB 36 (EXHIBIT C).

192

John Hummel

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 36.

218

Chair Burdick

Closes the public hearing on SB 36 and opens a public hearing on SB 94.

SB 94 – PUBLIC HEARING

219

Joe O’Leary

Counsel.  Describes SB 94 relating to eliminating the mandatory cross- reporting requirement.  Introduces the -1 amendment (EXHIBIT E).

235

Craig Prins

Executive Director, Criminal Justice Commission.  Testifies in support of SB 94.  Outlines a list of the supporters and drafters of SB 94.  Details why SB 94 was requested by law enforcement.

289

Bob Tardiff

Chief, Newburg Police Department.  Testifies in support of SB 94.  Discusses how the Department of Human Services and other law enforcement departments have collaborated on this bill.

343

Chair Burdick

Asks for examples of items that would not need to be cross-reported if SB 94 passed.

345

Tardiff

Comments on some of the situations that would not need to be reported after passing SB 94.

373

Una Swanson

Program Manager, Department of Human Services (DHS).  Submits testimony and testifies in support of SB 94 (EXHIBIT D).  Talks about the lack of ability to differentiate between levels of abuse and what constitutes as criminal behavior.

400

Chair Burdick

Asks about the process DHS takes when confronted with abuse.

408

Swanson

Details the administrative rules used by the DHS to deal with abuse cases.

422

Sen. Prozanski

Inquires about first responders within DHS that will immediately act on reports of child abuse.

440

Swanson

Explains their screening process for cross-reporting child abuse cases, and talks about available immediate responses.

457

Chair Burdick

Interjects that she does not want to ignore a child in imminent danger.

459

Swanson

Re-emphasizes their administrative rules that require immediate action.

TAPE 55, A

016

O’Leary

Asks about the -1 amendment.

019

Prins

Talks about the -1 amendment and the hand engrossed SB 94-1 (EXHIBIT F).  Goes over the reasoning behind the drafting of the -1 amendment.

038

O’Leary

Inquires about the comparison between the original draft and the amendment.

048

Swanson

Comments on the reasoning for the changes in the -1 amendment.

062

Julie McFarlane

Juvenile Rights Project.  Submits testimony and testifies in opposition to SB 94 along with an attached federally promulgated report on child abuse cases (EXHIBIT G). 

085

McFarlane

Discusses the need to keep provisions in the statutes dealing with cross- reporting.

130

McFarlane

Addresses the issue of funding for increased case loads.

137

Chair Burdick

Asks where in SB 94 it talks about funding.

138

McFarlane

Cites the page number and line where the funding issue is discussed.

150

Chair Burdick

Inquires if children will be mishandled by DHS due to lack of funding and personnel.

155

McFarlane

Replies that there is always the possibility of mistakes, but stresses the department’s ability to fulfill their responsibilities.

167

Chair Burdick

Wonders if there should be a weekly abuse list cross-reported to law enforcement.

175

McFarlane

Responds that it is a possible scenario.

188

Chair Burdick

Recalls an earlier question relating to funding.

191

Prins

Expresses his confusion on the particular passage, and notes his concern over the issue of funding.

210

Chair Burdick

Comments on the cross-reporting issue.

216

Swanson

Replies that the method discussed initially dealt with the ideas being currently brought up.

229

Chair Burdick

Inquires about the possibility of changing the bill to require DHS to deal with the harshest cases immediately, and provide copies of the remaining cases on a weekly basis to law enforcement.

239

Swanson

Affirms that there was a similar system in place at an earlier time.

245

Prins

Gives information on a system based on mandatory reporting.

261

Chair Burdick

Comments on the drafting that mentions the abolition of cross-reporting cases. 

277

Sen. Walker

Addresses the methods raised in earlier testimony (Exhibit G).

292

McFarlane

Discusses law enforcement cross-reporting, and talks about the federal and state trends.

314

Tardiff

Explains the effects from the passage of SB 94, and agrees with the confusion on some of the drafting choices.

357

Chair Burdick

Closes the public hearing on SB 94 and opens a public hearing on SB 95.

SB 95 – PUBLIC HEARING

360

Joe O’Leary

Counsel.  Describes SB 95 relating to the membership of the Oregon Law Commission (OLC).

370

Craig Campbell

Governor’s Office.  Testifies in support of SB 95.  Describes the reasoning behind the bill.

400

Campbell

Discusses the changes made by SB 95 to the current statutes relating to the OLC.

426

Sen. Whitsett

Asks about the meetings.

430

Campbell

Replies with information as to the logistics of the OLC meetings.

445

John Hummel

Oregon Criminal Defense Lawyers Association.  Testifies in a neutral stance on SB 95.  Desires clarification on some of the choices in the bill.

490

Hummel

Talks about how the defense attorney is often blamed for being naysayers.  Describes the necessity of keeping the membership of the OLC as diverse and equally represented as possible.

TAPE 54, B

040

Chair Burdick

Asks if there has been a time the OLC has met without a criminal defense lawyer being represented.

044

Craig Prins

Executive Director, Criminal Justice Commission.  Talks about the lack of statutory rules involving select membership for the OLC.

059

Chair Burdick

Asks if there is currently a criminal defense attorney on the OLC.

060

Prins

Responds that he does not believe so, stresses the lack of a current district attorney on the OLC.

069

Sen. Whitsett

Expresses his concern for the dilution of representation on the OLC of law professionals; stresses the need to have lawyers and prosecutors on the OLC.

079

Chair Burdick

Inquires about the representation of a defense lawyer on the OLC.

081

Prins

Responds with his desire to place knowledgeable representation on the OLC.

086

Sen. Prozanski

Wonders about making an amendment requiring a prosecutor and a defense attorney to be on the 13-member OLC after the passage of SB 95.

099

Campbell

Addresses the issue of too many people who might want to be on the OLC, but can’t due to limited places.

105

Prins

Explains that there are numerous groups wanting to be members of the OLC.

113

Chair Burdick

Expresses her desire for an amendment requiring a defense attorney and a prosecutor on the OLC.

123

Chair Burdick

Closes the public hearing on SB 95 and adjourns the meeting at 2:19 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 252, -1 amendment, staff, 3 pp
  2. SB 36, -1 amendment, staff, 1 p
  3. SB 36, written testimony, Terry Leggert, 2 pp
  4. SB 94, written testimony, Una Swanson, 1 p
  5. SB 94, -1 amendment, staff, 1 p
  6. SB 94, proposed amendment, Craig Prins, 2 pp
  7. SB 94, written testimony, Julie McFarlane