SENATE COMMITTEE ON JUDICIARY

 

 

March 21, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 74 - 76

Corrected 10/26/05

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:                 William E. Taylor, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:                    

                                                SB 63 – Work Session

                                                SB 287 – Work Session

                                                SB 331 – Work Session

                                                SB 330 – Work Session

                                                SB 946 – Public Hearing

                                                SB 567 – Public Hearing

                                                SB 549 – Public Hearing

                                                SB 599 – Public Hearing

                                                SB 645 – 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 74, A

003

Chair Burdick

Calls the meeting to order at 1:12 p.m. and opens a work session on SB 63.

SB 63 – WORK SESSION

008

William E. Taylor

Counsel.  Describes SB 63 relating to the Department of Public Safety Standards and Training (DPSST) denying an application for training for a public safety officer.  Introduces the -2 amendment and submits written testimony from DPSST director John Minnis (EXHIBITS A & B).

030

Sen. Beyer

MOTION:  Moves to ADOPT SB 63-2 amendments dated 3/17/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Ringo

032

Chair Burdick

Hearing no objection, declares the motion CARRIED.

035

Sen. Beyer

MOTION:  Moves SB 63 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Ringo

037

Chair Burdick

Hearing no objection, declares the motion CARRIED.

044

Chair Burdick

Closes the work session on SB 63 and opens a work session on SB 287.

SB 287 – WORK SESSION

045

William E. Taylor

Counsel.  Describes SB 287 relating to an exception to the prohibition on use of hearsay as evidence.  Introduces the -2 amendment (EXHIBIT C).

067

Tom Lininger

Law Professor, University of Oregon.  Testifies in support of SB 287 and discusses the use of hearsay in trials.

112

Tim Sylwester

Department of Justice.  Comments on the reasoning behind the -2 amendment.

141

Sylwester

Details the problems in homicide cases with using hearsay as evidence.

165

Sylwester

Addresses the impact of the -2 amendment on the effects of the bill.

195

Sen. Ringo

Wonders about the wording of the bill in relation to the term “cause”.

203

Sylwester

Discusses the reasoning behind the drafting language.

211

Lininger

Talks about the conduct relating to the process of preventing a witness from testifying.

234

Sen. Ringo

Asks if there is a definition of “wrongful” in the -2 amendment.

238

Sylwester

Expresses his opinion on the definition of “wrongful” as relating to SB 287 and the -2 amendment.  Shares a possible scenario that will hopefully clarify the bill.

267

Sen. Ringo

Hesitates to support the term “wrongful” in this bill.

272

Sylwester

Cites specific examples of why the term is needed.

283

Chair Burdick

Stresses that the term “wrongful” might not be the correct word for the bill.

285

Taylor

Talks about the case, Reynolds vs. The United States, in relation to this issue.

306

Chair Burdick

Discusses her problems with the -2 amendment.

320

Lininger

Addresses the problems over the -2 amendment and why it is needed.

359

Sylwester

Details the need for the -2 amendments by discussing child abuse cases.

375

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 287 without the -2 amendment.

435

Skye

States the concerns of the OCDLA relating to the issues of hearsay and this bill.

474

Skye

Discusses wrongful conduct in keeping a witness from testifying.

TAPE 75, A

041

Peter Gartlan

Chief Defender, Office of Public Defense Services.  Submits testimony and testifies in opposition to the -2 amendment for SB 287 (EXHIBIT D).  Stresses the need for adopting the federal rules as opposed to passing the -2 amendment.

075

Sybil Hebb

Oregon Law Center.  Testifies in support of SB 287 and the -2 amendment.

084

Chair Burdick

Asks if there would be any problems with the -2 amendment not being adopted.

088

Sylwester

Talks about how the -2 amendment addresses certain discrepancies in Oregon law relating to the forfeiture by wrongdoing principle.  Addresses the problems with the -2 amendment.

130

Chair Burdick

Wonders if a challenge would be less likely under the original bill as opposed to the bill with the -2 amendment.

133

Sylwester

Responds yes, and discusses the issue of federal versus state rules.

140

Chair Burdick

Ask about the constitutionality of the -2 amendment compared to the original bill.

144

Sylwester

Stresses the possibility of the US Supreme Court interpreting federal cases and impacting the ability of this bill (which uses the federal rules as a template) to function.

185

Sen. Prozanski

Inquires about the comparison between the -2 amendment and the original bill.

200

Sylwester

Talks about the drafting choices in the original bill, and the concerns the Department of Justice has with not adopting the -2 amendment.

265

Sen. Prozanski

Comments on the federal language already dealing with many of the situations addressed.

278

Lininger

Talks about what the -2 amendment will offer to the original SB 287 and goes on to discuss the federal court proceedings in relation to the bill.

323

Chair Burdick

Inquires about the broadening of the language in the -2 amendment.

332

Sylwester

Replies with information on the drafting language in the -2 amendment.

354

Sen. Prozanski

Discusses the burden of proving the wrongdoing in relation to keeping a witness from trial.

371

Sylwester

Details the process of proving criminal conduct in making a witness unavailable for testifying.

428

Chair Burdick

Asks for a work group to address the concerns over the -2 amendment and return with tighter language.

443

Sen. Prozanski

Wonders about certain drafting choices possible to fix the issues with the -2 amendment.

480

Taylor

Talks about the work group for SB 287.

TAPE 74, B

033

Chair Burdick

Closes the work session on SB 287 and opens a work session on SB 331.

SB 331 – WORK SESSION

037

Chair Burdick

Carries over to Tuesday, March 22, 2005.

041

Chair Burdick

Closes the work session on SB 331 and opens a work session on SB 330.

 

SB 330 – WORK SESSION

043

William E. Taylor

Counsel.  Describes SB 330 relating to stenographic reporters in the courtroom.  Introduces the -2 amendment (EXHIBIT E).

051

Lara Smith

Oregon Court Reporters Association.  Testifies in support of SB 330 and the -2 amendment.

060

Scott Crampton

Director, Appellate Court Services, Oregon Judicial Department.  Submits testimony and testifies in support of SB 330 and the -2 amendment (EXHIBIT I).

068

Sen. Whitsett

Asks about court reporters placing a specific cap per page.

071

Smith

States that a cap is already in place.

076

Sen. Starr

MOTION:  Moves to ADOPT SB 330-2 amendments dated 3/17/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

080

Chair Burdick

Hearing no objection, declares the motion CARRIED.

080

Sen. Starr

MOTION:  Moves SB 330 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

082

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

081

Chair Burdick

Closes the work session on SB 330 and opens a work session on SB 331.

SB 331 – WORK SESSION

086

Sen. Walker

Cites a possible conflict of interest.

093

Chair Burdick

Closes the work session on SB 331 and opens a public hearing on SB 946.

SB 946 – PUBLIC HEARING

104

William E. Taylor

Counsel.  Describes SB 946 relating to requiring the judge to order report of proceedings in aggravated murder and murder trials.  Introduces the -1 amendment (EXHIBIT F).

119

Mary Fagan

Oregon Court Reporters Association.  Submits testimony and testifies in support of SB 946 (EXHIBIT G).

160

Fagan

Details the benefits of having a trained court reporter.

179

Chair Burdick

Asks about how court reporters deal with equipment malfunctions.

183

Fagan

Explains the methods used by the court reporters to capture all audio material.

201

Sen. Walker

Describes the abilities and provisions of the stenographic reporters.

226

Sen. Whitsett

Asks about the funding problems facing the courts.

231

Lara Smith

Oregon Court Reporters Association.  Addresses some possible amendments dealing with the problem of funding.

241

Sen. Whitsett

Inquires if courts already employing a reporter would not continue to employ their services if the costs increased.

249

Smith

Replies that the question is best asked to the presiding judges who make those decisions.

262

Paul Snider

Association of Oregon Counties.  Testifies in opposition to SB 946.  Stresses the problems with SB 946 from a fiscal standpoint.  Emphasizes the financial problems currently facing counties, and the increased costs that would be forced upon them if this bill passes.

316

Chair Burdick

Asks about the fiscal impact.

318

Snider

States that he got the fiscal impact from the Judicial Department.

305

Monica Melhourn

Office of the State Court Administrator.  Stresses that the information cited earlier is not a fiscal impact; instead it was her independent research.

363

Sen. Prozanski

Wonders who paid for the court reporting services in the past.

396

Scott Crampton

Oregon Judicial Department.  Testifies in opposition to SB 946.  Offers reasoning behind his hesitance to support the bill.  Brings up several issues that are not addressed in SB 946.  Talks about the responsibilities of funding this bill in the past and the future.

459

Sen. Prozanski

Stresses his opposition to the -1 amendment.

501

Taylor

Explains the effects of the bill.

TAPE 75, B

036

Sen. Prozanski

Asks about the funding for the bill.

038

Taylor

Cites information on who would be responsible for the funding.

043

Sen. Prozanski

Inquires about the costs to the defendants in a court system that requires a stenographer.

058

Chair Burdick

Stresses her opposition to the amendment, and desires a work group to discuss the issues.

068

Sen. Walker

States that the cases that fall under the bill are critical and require solid court reporting.

081

Chair Burdick

Details that the Judiciary committee makes policy decisions and Ways and Means will deal with the funding issues.

103

Taylor

Discusses the -1 amendment.  Offers drafting language choices to alleviate hesitations among the members.

135

Sen. Prozanski

Talks about the changes in the -1 amendment.

141

Sen. Walker

Stresses the importance of some of the changes in the -1 amendment.

155

Chair Burdick

Closes the work session on SB 946 and opens a public hearing on SB 567.

SB 567 – PUBLIC HEARING

160

William E. Taylor

Counsel.  Describes SB 567 relating to creating an offense for the failure to properly secure a child.    

168

Sen. Prozanski

States his support of SB 567 and describes the reasoning behind the bill.

183

Daniel Swift

Oregon State Police.  Submits testimony and testifies in support of SB 567 (EXHIBIT H).

225

Swift

Cites stories involving parents who do not properly restrain their child.

244

Joanne Fairchild

Trauma Nurse Coordinator, Legacy Emanuel Hospital.  Submits a written testimony packet and testifies in support of SB 567 (EXHIBIT J).

285

Fairchild

Addresses the benefits of using child restraints.

330

Fairchild

Talks about an article,  “The Forgotten Child,” in her testimony (Exhibit J).

379

Chair Burdick

Introduces written testimony from Troy Costales supporting SB 567 (EXHIBIT K).  Closes the public hearing on SB 567 and opens a public hearing on SB 549.

SB 549 – PUBLIC HEARING

393

Chair Burdick

Closes the public hearing on SB 549 and opens a public hearing on SB 599.

SB 599 – PUBLIC HEARING

498

Chair Burdick

Puts on hold until Tuesday, March 22, 2005.  Closes the public hearing on SB 599 and opens a public hearing on SB 549.

SB 549 – PUBLIC HEARING

404

William E. Taylor

Counsel.  Describes SB 549 relating to requiring hosting organizations to register with the Department of Education.  Introduces written testimony from John O. Hishmeh (EXHIBIT N).

418

Carlos Cartlidge

Lane County.  Submits research information and testifies in support of SB 549 (EXHIBIT L).

TAPE 76, A

035

Cartlidge

Addresses the study he presented as testimony (Exhibit L).

057

Bonnie Chalmers

Lane County.  Submits informational packet on host programs and testifies in support of SB 549 (EXHIBIT M).

078

Chair Burdick

Closes the public hearing on SB 549 and opens a public hearing on SB 645.

SB 645 – PUBLIC HEARING

081

Chair Burdick

Moves SB 645 to March 22, 2005.  Closes the public hearing on SB 645 and adjourns the meeting at 3:08 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 63, -2 amendment, John Minnis, 1 p
  2. SB 63, written testimony, John Minnis, 1 p
  3. SB 287, -2 amendment, staff, 1 p
  4. SB 287, written testimony, Peter Gartlan, 1 p
  5. SB 330, -2 amendment, staff, 1 p
  6. SB 946, -1 amendment, staff, 1 p
  7. SB 946, written testimony, Mary Fagan, 1 p
  8. SB 567, written testimony, Daniel Swift, 2 pp
  9. SB 946, written testimony, Scott Crampton, 2 pp
  10. SB 567, written testimony packet, Joanne Fairchild, 23 pp
  11. SB 567, written testimony, Troy Costales, 1 p
  12. SB 549, research information, Carlos Cartlidge, 4 pp
  13. SB 549, information packet, Bonnie Chalmers, 22 pp
  14. SB 549, written testimony, John Hishmeh, 3 pp