SENATE COMMITTEE ON JUDICIARY

 

 

March 24, 2005                                                                                                   Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 81 - 82

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:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                SB 301 – Public Hearing

SB 89 – Work Session

SB 208 – Work Session

SB 489 – Work Session

 

 

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 81, A

003

Chair Burdick

Calls the meeting to order at 1:14 p.m. and opens a public hearing on SB 301.

SB 301 – PUBLIC HEARING

008

Joe O’Leary

Counsel.  Describes SB 301 relating to the circumstances under which a peace officer and corrections officer may use deadly physical force.  Introduces the -1 amendment (EXHIBIT A).

041

Sen. Avel Gordly

Senate District 23.  Commends the groups who have spent time working on this bill.  Submits testimony and testifies in support of SB 301 (EXHIBIT C).

080

Sen. Gordly

Commends the Use of Deadly Force Task Force on the work drafting this bill. 

097

Sen. Gordly

Discusses the Deadly Force Task Force report.

130

Sen. Gordly

Talks about the reasoning behind SB 301.

151

Hardy Myers

Attorney General.  Submits a report on the use of deadly force by peace officers and testifies in support of SB 301 (EXHIBIT B). 

200

Myers

Commends the members of the Use of Deadly Force Task Force, the administrators, and the community in putting this bill together.

219

Peter Shepherd

Deputy Attorney General.  Testifies in support of SB 301.  Talks about the three basic assumptions of the report.

275

Shepherd

Discusses the -1 amendment.

310

Shepherd

Gives a section by section analysis of the -1 amendment.

357

Shepherd

Details section 6 and 7 of the -1 amendment.

395

Shepherd

Goes over section 8 of the -1 amendment.

425

Shepherd

Continues discussion on the -1 amendment, focusing on the sections dealing with the grand jury.

TAPE 82, A

017

Sen. Beyer

Asks if the term “peace officers” is a correct drafting choice.

022

Shepherd

Replies yes, and cites reasoning.

028

Sen. Beyer

Inquires about line 7 of page 10, dealing with a term “not a true bill”.

033

O’Leary

Responds with information on the drafting.

041

Shepherd

Describes the indictment scenarios for grand jury cases.

051

Sen. Beyer

Wonder about the compelled testimony of a peace officer.

053

O’Leary

Details the circumstances where a peace officer might be compelled to testify.

062

Shepherd

Clarifies the issue of compelled testimony from a peace officer.

078

Martha McMurry

Parent of a deadly force victim.  Testifies in support of SB 301. 

130

McMurry

Continues discussion on her experience on the Deadly Force Task Force.

196

Sheriff Bob Wolfe

Sheriff, Polk County.  President, Oregon Sheriffs Association.  Testifies in support of the concept behind SB 301.  Raises the concern of grand juries addressed in the bill.

237

Dr. T. Allen Bethel

President Albino Ministerial Alliance.  Testifies in conceptual support for SB 301.  Talks about the Attorney General’s role in these investigations.

285

Pastor Leroy Haynes, Jr.

Senior Pastor, Chair-Person, Albino Ministerial Alliance.  Commends the members for addressing this issue, and expresses his support for SB 301.

339

Sam Adams

Commissioner, City of Portland.  Discusses several high profile deadly force incidents that have occurred in his city. 

374

Adams

Advocates transparency in grand jury proceedings when involving the use of deadly force.

405

Adams

Stresses that many citizens believe the testimony in grand jury cases dealing with deadly force should be public record.

438

Sen. Whitsett

Asks if there is any precedence in releasing grand jury transcripts.

440

Adams

Replies he is not sure, but believes other states do allow the release of grand jury proceedings.

474

Eriks Gabliks

Deputy Director, Department of Public Safety Standards and Training.  Submits testimony and testifies in support of SB 301 (EXHIBIT D).

TAPE 81, B

045

Gabliks

Stresses that the public believes that law enforcement should be able to deal with many situations where deadly force might need to be used.

061

Gabliks

Details the lack of training available for non-lethal methods of law enforcement.

085

Chair Burdick

Closes the public hearing on SB 301 and opens a work session on SB 89, SB 208, and SB 489.

SB 89, SB 208, & SB 489 – WORK SESSION

089

Chair Burdick

Moves SB 89, SB 208, & SB 489 to Monday, March 28, 2005.  Closes the work session on SB 89, SB 208, & SB 489 and re-opens a public hearing on SB 301.

SB 301 – PUBLIC HEARING

101

Robert King

Detective, Portland Police Bureau.  Testifies on the issue of deadly force. 

125

King

Discusses several stories where the use of deadly force was employed by peace officers.

156

Daryl Garrettson

Attorney, Oregon Council of Police Associations.  Testifies on the issue of SB 301 and the use of deadly force.  Expresses his conceptual support on the issue of law enforcement’s use of deadly force, but remains neutral on SB 301 itself.

184

Garrettson

Describes their negative stance on the issue of inquests.

208

Chair Burdick

Inquires about the Oregon Council of Police Associations accepting the compelled testimony issue.

211

King

Expresses their concern over the release of grand jury inquest testimony.

233

Kevin Campbell

Executive Director, Oregon Association of Chiefs of Police.  Commends the Attorney General and the Deadly Force Task Force for their work on SB 301. 

280

Campbell

Describes the accreditation policies relating to the use of deadly force.

319

Bill Blair

Counsel, Washington County.  Submits testimony and testifies on the issue of SB 301 before the amendment (EXHIBIT E).   Stresses that he cannot offer full support of the -1 amendment because he has not had time to analyze the drafting. 

360

Blair

Advocates that the use of deadly force is always reactionary: the police officer/law enforcement officer always reacts to catalysts or confrontations that are threatening their safety.

410

Blair

Addresses a section of his handout dealing with compelled testimony (Exhibit E).

455

Chair Burdick

Inquires about compelled testimony from law enforcement.

460

Blair

Explains the situation relating to compelled testimony.

TAPE 82, B

024

Sen. Prozanski

Asks about compelled testimony and its relation to criminal conduct.

036

Blair

States that an employer (State of Oregon) can compel it’s employee to disclose this criteria, but that information cannot be used in criminal processes.

053

Mike Dugan

Deschutes County District Attorney.  Testifies on the issue of use of deadly force.

086

Dugan

Stresses that this issue is believed to be a Portland/Salem topic.

110

Dugan

Points out that SB 6 in the 1999 session dealt with this topic.

148

Dugan

Describes the investigation process involved in these cases where deadly force was used.

181

Dugan

Addresses the earlier question dealing with compelled question.

212

Dugan

States the relation between the -1 amendment and compelled testimony.

235

Sen. Prozanski

Comments on the compelled testimony issue.

247

Chair Burdick

Closes the public hearing on SB 301 and adjourns the meeting at 2:55 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. SB 301, -1 amendment, staff, 15 pp
  2. SB 301, Report and Recommendations on peace officer use of deadly force, Hardy Myers, 174 pp
  3. SB 301, written testimony, Sen. Gordly, 2 pp
  4. SB 301, written testimony,  , 1 p
  5. SB 301, written testimony, Bill Blair, 5 pp