SENATE COMMITTEE ON JUDICIARY

 

 

June 01, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 152 - 153

Corrected 10/26/05

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charles Starr, Vice-Chair

 

 

STAFF PRESENT:                 Joe O'Leary, Counsel

                                                Heidi Moawad, Counsel

                                                Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2977 – Public Hearing and Work Session

HB 2416A – Work Session

SB 1047 – Work Session

HB 2360 – Public Hearing

HB 2144 – Work Session

HB 2299 – 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 152, A

002

Chair Burdick

Calls the meeting to order at 1:25 p.m. and opens a public hearing on HB 2977.

HB 2977 – PUBLIC HEARING

005

Heidi Moawad

Counsel.  Describes HB 2977 relating to establishing the Law Enforcement Medal of Honor.

014

Dan Swift

Oregon State Police Officers Association.  Submits testimony and testifies in support of HB 2977 (EXHIBIT A).

033

Ken Johnson

Police Chief, Fairview, Oregon State Police Officers Association.  Submits testimony and testifies in support of HB 2977 (EXHIBIT B).

049

Sen. Walker

Wonders who would award the medals, and how they would fund this honor.

055

Johnson

Replies that they would suggest to the Governor who should receive the bill and private donations would support the program.

068

Chair Burdick

Closes the public hearing and opens a work session on HB 2977.

HB 2977 – WORK SESSION

071

Sen. Walker

MOTION:  Moves HB 2977 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

074

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

076

Chair Burdick

Closes the work session on HB 2977.

081

Sen. Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2416A.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

083

Chair Burdick

Hearing no objection, declares the motion CARRIED.

089

Chair Burdick

Opens a work session on HB 2416A.

HB 2416A – WORK SESSION

090

Sen. Beyer

MOTION:  Moves to RECONSIDER the vote by which HB 2416A was sent to the floor DO PASS.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

093

Chair Burdick

Hearing no objection, declares the motion CARRIED.

096

Sen. Beyer

MOTION:  Moves to ADOPT HB 2416A-A2 amendments dated 5/31/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

100

Chair Burdick

Hearing no objection, declares the motion CARRIED.

101

Sen. Beyer

MOTION:  Moves HB 2416A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

103

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

105

Chair Burdick

Closes the work session on HB 2416A and opens a work session on SB 1047.

SB 1047 – WORK SESSION

101

Joe O’Leary

Counsel.  Describes SB 1047 relating to creating the authority for the fatality review teams to review the records related to domestic violence fatalities for the purpose of preventing future fatalities.

142

Sen. Walker

MOTION:  Moves to ADOPT SB 1047-1 amendments dated 6/1/05.

145

Sen. Beyer

Agrees with the intent with the bill, but has serious problems with the altering of the majority required to pass the issues from the committee.

179

Sybil Hebb

Oregon Law Center.  Addresses the changes discussed by Sen. Beyer.

221

Sen. Prozanski

Inquires why the number for successfully passing an issue from the committee was chosen to be 3/5.

224

Hebb

Declares that there is a certain arbitrariness to the choice, although it was suggested by several groups.

255

Chair Burdick

VOTE:  4-2-1

AYE:               4 - Prozanski, Ringo, Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Starr C.

262

Chair Burdick

The motion CARRIES.

265

Sen. Walker

MOTION:  Moves SB 1047 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-1-1

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

NAY:               1 - Beyer

EXCUSED:     1 - Starr C.

274

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

279

Chair Burdick

Closes the work session on SB 1047 and opens a public hearing on HB 2360.

HB 2360 – PUBLIC HEARING

282

Heidi Moawad

Counsel.  Describes HB 2360 relating to imposing a fine and mandatory imprisonment for a person convicted of driving while under the influence of intoxicants if the person had a 0.20 percent or more by weight of alcohol in blood of the person at the time of the offense.

308

Brad Berry

Yamhill County District Attorney.  Testifies in support of HB 2360.

345

Berry

Talks about the increased danger resulting from a higher blood alcohol level than 0.08 percent.

384

Gina Skinner

Washington County District Attorney’s Office.  Testifies in support of HB 2360.  Stresses that these cases involving high levels of alcohol content are more frequent than you might imagine.  In order to function at this level of intoxication in any fashion.

417

Chair Burdick

Asks how common these high levels of intoxication are for first offenders.

421

Skinner

Replies that it is not an uncommon occurrence.

TAPE 153, A

007

Chair Burdick

Wonders how much alcohol you must consume to arrive at this level of intoxication.

012

Jeff Rost

Forensic Supervisor, Oregon State Police.  Submits testimony and testifies in support of HB 2360 (EXHIBIT C).  Addresses the question as to how much drinking must be done to arrive at certain levels of intoxication.

040

Sen. Prozanski

Comments on the Mothers Against Drunk Driving program in the Eugene District Attorney’s Office that documented the lawyers drinking certain amounts of liquor in an hour, and the correlation to the blood alcohol percentage.

056

Berry

Talks about the programs mentioned by Sen. Prozanski, and states that it is disconcerting to see the numbers relating to drunk driving.

070

Rost

Stresses that the top 13% of the tests administered are in the range of 0.20 or above blood alcohol percentage.

083

Sen. Prozanski

Discusses the propensity of those being tested at 0.17 or above are alcoholics/binge drinkers.

098

Rost

Declares that this is the intent of the bill: getting the major drinkers off the road.  States that the average blood alcohol content for those arrested for drinking while under the influence of intoxicants is 0.15 percent.

131

Skinner

Talks about the different effects of the different types of alcohol.

147

Sen. Ringo

Asks about jail space, and who is likely to walk if this bill passed.

149

Berry

Comments on the jail space problem that many counties face.  States that the individuals who have probation violations would be the most likely candidate to be released early to make room for these new offenders.

180

Sen. Ringo

Raises his concern that treatment is what is needed for these people as opposed to just placing them in jail.

196

Berry

Stresses that the individuals who are stealing cars, stereos, etc; rarely present as much danger to other drivers as those they would be placing in jail.

206

Sen. Ringo

Agrees with that assessment, but stresses that we’re taking people who need treatment and placing them in jail, and those who need to be in jail are being released early.  Asserts that they can always change the laws, but when does the state remain satisfied with the laws as they are and try to work within their limits.

221

Skinner

Declares that they might never know when they are at that point, and talks about the graduation from minor offenses to major time in prison.  Discusses the inconsistencies among the counties for the gradations of jail time for these offenders.

241

Sen. Ringo

States that this bill deals with first time offenders.

246

Skinner

Clarifies the effects of the bill: how the bill mainly deals with second or third time offenders.

263

Sen. Ringo

Inquires why judicial discretion is disregarded.

268

Berry

Addresses the earlier comment relating to the lack of consistency across the state, and increased judicial discretion would add to that.

275

Sen. Ringo

Talks about how they should trust their judges to determine who should be in prison.

278

Berry

Replies that the judges are part of the discussions on who would be released from the prisons to make room for these drunk drivers.

287

Sen. Ringo

Expresses his reluctance to continually bring bill after bill increasing the penalties for drunk driving: does not believe that this type of prevention is the answer.

295

Moawad

Comments on the discussion from the House Judiciary Committee on this bill.

303

Sen. Whitsett

Asks what sanction is applied to the detainee when they refused a breath or blood test.

309

Berry

Responds that an increased suspension of the license and a mandatory fine of $500 exist for refusing the breath or blood test.

318

Sen. Whitsett

Wonders how many people would accept the breath test if they believed they might be above a 0.20 percentage if they only face a $500 fine as opposed to the $2500 fine if they blew above a 0.20 percentage.

325

Rost

Explains many of these individuals would not believe they would blow such a blood alcohol level. 

370

Rost

Testifies on the fiscal aspect of this bill.  Talks about the refusal to submit to a breath test: an administrative suspension of the individuals driving privileges.

415

Rost

Talks about the cases where time has elapsed between the offense of driving under the influence and the administration of the breathalyzer test and how the prosecution has to prove that the blood alcohol was over the legal limit at the time of the offense.

TAPE 152, B

023

Sen. Walker

Inquires about the fiscal statement for this bill. 

028

Moawad

Discusses the fiscal analysis: indeterminate as of yet.

054

Skinner

Talks about how the cases involving such levels of intoxication are rarely sent to trial: the individuals know they are guilty.

060

Berry

Comments on the desire of the District Attorney’s office to actively go after the individuals with the highest blood alcohol levels.

081

Vinita Howard

Governor’s Advisory Committee on Driving Under the Influence of Intoxicants. Submits testimony and testifies in support of HB 2360 (EXHIBIT D).

130

Ann Pratt

Governor’s Advisory Committee on Driving Under the Influence of Intoxicants.  Submits testimony and testifies in support of HB 2360 (EXHIBIT E).

180

Bruce Pratt

Crime Victims United.  Submits testimony and testifies in support of HB 2360 (EXHIBIT F).

230

B. Pratt

Continues reading testimony in support of HB 2360 (Exhibit F).

263

Chair Burdick

Closes the public hearing on HB 2360 and opens a work session on HB 2144.

HB 2144 – WORK SESSION

266

Heidi Moawad

Counsel.  Describes HB 2144 relating to modifying the conditions of probation for persons previously convicted of a sex offense.  Introduces and discusses the -1 amendment (EXHIBIT G).

295

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in a neutral position on the bill and the amendment.

311

Scott Taylor

Department of Corrections.  Testifies in hesitant support of HB 2144 with the -1 amendment: fully approves the original bill.

329

Sen. Walker

MOTION:  Moves to ADOPT HB 2144-1 amendments dated 5/31/05.

331

Sen. Walker

Talks about her stance on the bill.

366

Sen. Prozanski

Comments on the effects of the -1 amendment.

369

Chair Burdick

Clarifies the questions about the -1 amendment.

378

Sen. Walker

Declares that there is a pattern among young people who commit sex offenses as children who then commit offenses as an adult.

400

Sen. Beyer

States his preference for the original bill.  Asks about the expunction of a juvenile record.

409

Moawad

Replies that it would not be readily accessible in the future.

420

Sen. Prozanski

States that he believes all sex offenses are normally able to be expunged, no matter the age.

435

Sen. Prozanski

Talks about the treatment or program for the youth offenders.

TAPE 153, B

014

Moawad

Discusses the resources being much taxed, and how a probation officer would not be throwing this onto an offense 30 years later.

026

Sen. Walker

MOTION:  WITHDRAWS the MOTION to ADOPT HB 2144-1 amendments dated 5/31/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

274

Chair Burdick

The motion CARRIES.

048

Chair Burdick

Closes the work session on HB 2144 and opens a public hearing on HB 2299.

HB 2299 – PUBLIC HEARING

050

Heidi Moawad

Counsel.  Describes HB 2299 relating to requiring a person relieved of the duty to report as a sex offender to provide to the Department of State Police copy of the court order relieving the person of duty.  Introduces and describes the -1 amendment (EXHIBIT H).

079

Dan Malin

Oregon State Police.  Submits testimony and testifies in support of HB 2299 (EXHIBIT I).

119

Malin

Talks about the registration requirements for convicted sex offenders in Oregon.

147

Malin

Discusses the registered sex offenders who are signed up for University classes.

196

Lori Sattenspiel

Oregon Community College Association.  Submits testimony and testifies in support of HB 2299 (EHXIBIT J).

210

Chair Burdick

Closes the public hearing on HB 2299.  Moves HB 2142A, HB 2297, HB 2361A to Thursday, June 2, 2005.  Adjourns the meeting at 3:03 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2977, written testimony, Dan Swift, 2 pp
  2. HB 2977, written testimony, Ken Johnson, 1 p
  3. HB 2360, written testimony, Jeff Rost, 2 pp
  4. HB 2360, written testimony, Vinita Howard, 2 pp
  5. HB 2360, written testimony, Anne Pratt, 3 pp
  6. HB 2360, written testimony, Bruce Pratt, 1 p
  7. HB 2144, -1 amendment, staff, 1 p
  8. HB 2299, -1 amendment, staff, 26 pp
  9. HB 2299, written testimony, Dan Malin, 7 pp
  10. HB 2299, written testimony, Lori Sattenspiel, 1 p
  11. HB 2416A, -A2 amendment, staff, 3 pp
  12. SB 1047, -1 amendment, staff, 2 pp