SENATE COMMITTEE ON JUDICIARY

 

 

April 07, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                    Tapes 98 - 100

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 881 – Public Hearing

SB 965 – Public Hearing

SB 297 – Public Hearing

SB 1012 – Public Hearing and Work Session

SB 401 – Public Hearing       

SB 246 – Work Session

SB 977 – 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 98, A

003

Chair Burdick

Calls the meeting to order at 1:10 p.m. and opens a public hearing on SB 881.

SB 881 – PUBLIC HEARING

011

Joe O’Leary

Counsel.  Describes SB 881 relating to prescribing an instructional program for court-appointed trustees.  

022

Sen. Laurie Monnes Anderson

Senate District 25.  Testifies in support of SB 881.  Details the reasoning behind the need for this bill.

045

Michele Rossolo

Legislative Aide.  Submits testimony and testifies in support of SB 881 (EXHIBIT A).  Discusses the proposed amendments being drafted. 

071

Sen. Ringo

Asks about the training for the appointed trustees.

078

Rossolo

Talks about the training requirements for appointed trustees.

084

Chair Burdick

Closes the public hearing on SB 881.

088

Sen. Prozanski

Extends a courtesy to a group of students from Churchill High School and South Eugene High School advocating for the school-based health care programs.

093

Chair Burdick

Welcomes the students to the legislative process.  Moves SB 966 to Monday, April 11, 2005 and SB 844 to Wednesday, April 13, 2005.  Opens a public hearing on SB 965.

SB 965 – PUBLIC HEARING

108

Sen. Kate Brown

Senate District 21.  Submits the -1 and -2 amendments to the committee and testifies in support of SB 965 (EXHIBITS B & D).

128

Sen. Betsy Johnson

Senate District 16.  Submits testimony on voyeurism and testifies in support of SB 965 (EXHIBIT C).

151

Sen. Brown

Commends the media for bringing this issue to the attention of the legislature.

180

Staff

Begins video from Sen. Kate Brown on voyeurism.

210

Staff

Continues video from Sen. Kate Brown voyeurism.

240

Staff

Continues video presentation from Sen. Kate Brown dealing with invasion of privacy.

260

Chair Burdick

Addresses the students in the crowd and explains the legislative process in relation to this issue (advancing technology causing the creation of new laws).

288

Sen. Johnson

Stresses the egregious nature of these sexual crimes.

302

Sen. Brown

Commends committee counsel on their help with this issue.

314

Chair Burdick

Comments on the Oregon statutes affected by this issue.

331

Joshua Marquis

Clatsop County District Attorney.  Testifies in support of SB 965.  Discusses the advancing technology requiring the creation of new crimes.

355

Marquis

Continues talking about a recent case of invasion of privacy.

390

Marquis

Stresses that he would have lost cases dealing with this type of invasion of privacy due to the lack of statutory address of the issue.

420

Cecilia Barnes

Victim of privacy invasion.  Talks about her own situation with an ex-boyfriend posting explicit pictures of her online without her permission. 

458

Chair Burdick

Commends the witness on her willingness to testify.

475

Sen. Walker

Asks if the discussions with Yahoo have yielded any results with taking the pictures down from their websites.

485

Barnes

Replies that it took quite awhile to get a hold of anyone from their agency.

TAPE 99, A

036

Sen. Walker

Talks about Yahoo shutting down the site only to have her ex-boyfriend open up another.

042

Joe O’Leary

Counsel.  Discusses possible repercussions against the internet service provider (ISP).

047

Sen. Walker

Agrees with counsel on the suggestion of placing a cause of action against the ISP.

055

Chair Burdick

Wonders why Yahoo didn’t just drop the offender.

056

Barnes

States that he was always one step ahead of the ISP.

066

Sen. Walker

Comments that maybe you should be required to give a real name and address to sign up for that service.

079

Chair Burdick

Closes the public hearing on SB 965 and opens a public hearing on SB 297.

SB 297 – PUBLIC HEARING

085

Joe O’Leary

Counsel.  Describes SB 297 relating to expanding the crime of invasion of privacy and re-designating it as invasion of personal privacy in the second degree.

099

Sen. Prozanski

Details the reasoning behind bringing this bill to the legislature. 

120

Kamala Shugar

Oregon District Attorneys Association.  Testifies in support of SB 297.  Talks about another bill in the House Judiciary committee.

145

Shugar

Comments on the cases in Lane county where individuals would videotape young girls (some of which were pre-pubescent, which is not included in the current draft of the bill) without their consent.

175

Sen. Prozanski

States that the detective on this case would have been present except he was detained as a witness in another case.

190

Shugar

Discusses a recent case where a digital photograph was taken in a department store restroom concerning a young boy.

210

Sen. Prozanski

Asks if there is a possibility to include the internet in some of the harassment statutes.

222

Shugar

Talks about HB 2318 facing the legislature that would include text-messaging under the invasion of privacy statutes.

237

Joshua Marquis

Clatsop County District Attorney.  Stresses that technology will always outpace us, and talks about the possibility of amending the statutory definition of personal privacy.

272

John Hummel

Oregon Criminal Defense Lawyers Association.  Testifies in support of SB 297. 

296

Chair Burdick

Closes the public hearing on SB 297 and opens a public hearing on SB 1012.

SB 1012 – PUBLIC HEARING

302

Joe O’Leary

Counsel.  Describes SB 1012 relating to extending the planning and advisory committees relating to improving the health and well-being of children whose parents are involved in the criminal justice system.  Introduces the -1 amendment (EXHIBIT E).

317

Claudia Black

Chair, Children of Incarcerated Parents Project.  Testifies in support of SB 1012 with the -1 amendment.  Discusses the likelihood of children with parents who are convicted felons to follow their parents into the penal system.

379

Cindy Duran

Recovering meth-addict, former inmate of Coffee Creek Correctional Facility.  Testifies on the effects of the penal system on her family. 

418

Sen. Starr

Comments on religious organizations within the penal system.

435

Black

Replies that if he has contact information, she would be happy to place them within the bill.

442

Sen. Whitsett

Inquires about representation for the children themselves.

454

Black

Responds with information on the representatives for the children in the committee.

475

Rep. Debra Boone

House District 32.  Testifies in support of SB 1012.

490

Chair Burdick

Closes the public hearing and opens a work session on SB 1012.

SB 1012 – WORK SESSION

498

Sen. Starr

MOTION:  Moves to ADOPT SB 1012-1 amendments dated 4/1/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Ringo

500

Chair Burdick

Hearing no objection, declares the motion CARRIED.

507

Sen. Starr

MOTION:  Moves SB 1012 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Ringo

510

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

TAPE 98, B

036

Chair Burdick

Closes the work session on SB 1012 and opens a public hearing on SB 401.

SB 401 – PUBLIC HEARING

040

Joe O’Leary

Counsel.  Describes SB 401 relating to increasing the unitary assessment for specified crimes.  Introduces the -2 amendment (EXHIBIT F).

056

Sen. Prozanski

Inquires about the distribution of the funds.

060

O’Leary

Responds with information on the language in the bill dealing with the distribution of monies.

078

Rep. Debra Boone

House District 32.  Testifies in support of SB 401.

104

Stephen Kafoury

Children’s Trust Fund of Oregon.  Submits testimony and testifies in support of SB 401 (EXHIBIT G).  Details the history of his organization.

150

Kafoury

Discusses the funding issues for the Children’s Trust Fund.  Comments on some of the problems since last session involving budget cuts.

187

Claudia Black

Board Member, Children’s Trust Fund of Oregon.  Testifies in support of SB 401.

208

Brad Swank

Oregon Judicial Department.  Testifies in support of the -2 amendment.

253

Sen. Prozanski

Asks for clarification on the -2 amendment and how it affects current statute.

261

Swank

Replies with information on the legislature’s actions over the past few session relating to the unitary assessment monies.

291

Sen. Prozanski

Inquires about a distinction in the Ways and Means process over the priorities and percentages given to specific agencies.

299

Swank

States where most of the money in the fund goes, and why.

314

Sen. Prozanski

Wonders about the different funds available to these agencies.

320

Swank

Comments on the funding options available to these different agencies in the bill. Clarifies the fund appropriations bill at the end of session and its relationship with this bill.

354

Chair Burdick

Inquires if Ways and Means is bound by this.

357

Swank

Stresses that Ways and Means does what they see fit.

361

Sen. Prozanski

Attempts to clarify the situation over the funding issue.

386

Sybil Hebb

Oregon Law Center.  Testifies in support of SB 401.

420

Hebb

Discusses the reasoning behind the decision to remove the Children’s Trust Fund from this funding option in a past legislative session.

458

Kafoury

Comments on the necessity and reasoning behind this bill.

TAPE 99, B

030

Chair Burdick

Asks if he would be receptive to an amendment that would limit the extra funds to only the extra revenue from the increased one dollar levy.

036

Sen. Prozanski

Addresses the above question, and discusses the 1999 session where significant cuts across the board occurred, and how it has brought us to this bill.

067

Kafoury

Talks about the budget cuts to his organization even though they were promised this money.

080

Sen. Prozanski

Stresses the need to setup a procedure because there are other organizations that would be affected, eventually, by this bill, not just the Children’s Trust Fund of Oregon.

094

Swank

Details the original make up of the statute relating to this issue.

105

Sen. Beyer

States that they cannot bind future legislatures to any action.  Discusses the fees or the fines that would be implemented by this bill.

121

Kafoury

Talks about the reasoning behind implementing the fines with SB 401.

141

Sen. Beyer

Advocates his belief that this might be considered a tax, and should be under the jurisdiction of the House.

148

Swank

Addresses the issue of jurisdiction raised by Sen. Beyer.

173

Sen. Beyer

Stresses his belief that this amendment forces the issue into a grey area of whether this is a tax or not.

192

Chair Burdick

Comments on the nexus linking child abuse to future crimes, and how that might classify the extra monies as fines rather than new taxes.

198

Sen. Prozanski

Talks about the problems concerning this bill; the topic of whether it is a tax or not is a difficult one to argue.

216

Chair Burdick

Closes the public hearing on SB 401 and opens a work session on SB 246.

SB 246 – WORK SESSION

223

Joe O’Leary

Counsel.  Describes SB 246 relating to requiring certain public or private officials to report suspected animal abuse.  Introduces and discusses the -4 amendment (EXHIBIT H).

260

O’Leary

Continues the discussion on the -4 amendment focusing on how to make such a report of animal abuse.

280

Chair Burdick

Asks if any person would be covered by this, regardless of their status as a mandatory reporter or not.

282

O’Leary

Replies yes.

285

Chair Burdick

Comments on mandatory reporters.

295

Sen. Prozanski

Clarifies the issue that any person who became knowledgeable, through conversation with a child, that animal abuse had occurred, they would be protected from legal retaliation if they reported this action.

310

O’Leary

States that the above summarization is correct and discusses the methods used by other states.

336

Sen. Whitsett

Asks about the rights of the accused in the bill.

372

O’Leary

Stresses that the immunity the accuser has is only based on reports made in good faith.

385

Sen. Whitsett

Inquires if the protection is adequate.

389

O’Leary

Replies that he believes it is.

400

Sen. Beyer

Points out that people have different beliefs of what might constitute neglect or abuse.

418

Chair Burdick

Explains the reasoning behind the drafting of the bill.

439

O’Leary

Cites the cross reference that details serious physical injury, or cruelly or maliciously killing or torturing, is required to define animal abuse.

475

Chair Burdick

Closes the work session on SB 246 and opens a public hearing on SB 977.

SB 977 – PUBLIC HEARING

482

Joe O’Leary

Counsel.  Describes SB 977 relating to requiring the sheriff, when transferring a defendant to the Department of Corrections, to provide the department with criminal, medical, and psychological records concerning the defendant. 

507

Don Loving

American Federation of State, County, and Municipal Employees.  Testifies in support of SB 977.

TAPE 100, A

052

Chair Burdick

Asks about the different records for each inmate.

054

Loving

Replies with information on the different records that move with the inmate between the facilities.

065

John Powell

Oregon State Sheriffs Association.  Testifies in opposition to SB 977.

092

Chair Burdick

Asks for a work group with the different sides concerning this bill.

099

Chair Burdick

Closes the public hearing on SB 977 and moves SB 641 to Wednesday, April 13, 2005 and SB 273 to Wednesday, April 13, 2005.

 

 

EXHIBIT SUMMARY

 

  1. SB 881, written testimony, Sen. Monnes Anderson, 1 p
  2. SB 965, -1 amendment, staff, 1 p
  3. SB 965, written testimony, Sen. Johnson, 2 pp
  4. SB 965, -2 amendment, staff, 1 p
  5. SB 1012, -1 amendment, staff, 1 p
  6. SB 401, -2 amendment, staff, 2 pp
  7. SB 401, written testimony, Stephen Kafoury, 2 pp
  8. SB 246, -4 amendment, staff, 2 pp