SENATE COMMITTEE ON JUDICIARY

 

June 14, 2005                                                                                                      Hearing Room 343

3:00 P.M.                                                                                                                  Tapes 167 - 168

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:                 Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2811A – Public Hearing and Work Session

HB 2282A – Public Hearing and Work Session

HB 3352A – Public Hearing

HB 2323 – Public Hearing and Work Session

HB 2142A – Public Hearing

HB 2221B – Work Session

HB 2306A – Public Hearing and Work Session

HB 2730A – Public Hearing and 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 167, A

003

Chair Burdick

Calls the meeting to order at 3:10 p.m. and opens a public hearing on HB 2811A.

HB 2811A – PUBLIC HEARING

007

Heidi Moawad

Counsel.  Describes HB 2811A relating to expanding the types of equipment or devices that may not be used in a motor vehicle when the vehicle is driven or moved on the highway.  Introduces and describes the –A10 amendment (EXHIBIT A).

015

Rep. Andy Olson

House District 15.  Testifies in support of HB 2811A.

035

Mark Landauer

Office of Government Relations, City of Portland.  Submits testimony and testifies in support of HB 2811A (EXHIBIT B).

050

Lieutenant Vince Jarmer

City of Portland.  Testifies in support of HB 2811A.

064

Sen. Walker

Raises her concerns with the bill; talks about other distractions that are not outlawed (putting on makeup, cell phones, reading, etc.).

074

Landauer

Discusses how an officer must observe a number of different observations before pulling over an offender.  Declares that an officer must wait for another offense before they would be able to cite an individual for having a DVD player on the dashboard: no enforcement mechanism.

093

Sen. Walker

Inquires what would occur if the passenger argued they were using the DVD player as opposed to the driver.

096

Landauer

Responds with information on current laws, advancing technology, and how the statutes must change to address these new distractions.

117

Sen. Walker

Talks about how using her laptop while she is a passenger of a moving vehicle would be breaking the law.

132

Landauer

Comments on officer discretion in cases such as these.

152

Rep. Olson

Addresses subsection 2 that details the term “motor vehicle equipped,” or attached to the vehicle, and how this bill would not apply to laptops.

160

Sen. Ringo

Asks about a violation concerning improper or inattentive driving.

165

Rep. Olson

Discusses the different statutes that relate to Sen. Ringo’s question.

185

Sen. Beyer

Desires clarification on the electronic devices that are “motor vehicle attached.”

194

Landauer

Talks about the different electronic devices and how this law would address them.

207

Rep. Olson

Comments on the discretion available to the judge in these cases, and stresses that technology advances so fast nowadays.

228

Chair Burdick

Asks counsel to interpret the term “motor vehicle equipped.”

238

Moawad

Talks about the –A10 amendment and how it addresses “image display devices” and the term “equipment” in relation to the bill and the effects it seeks to enact.

265

Landauer

Discusses the image display being required to show certain visual mediums (television, movies, etc.).

275

Sen. Walker

States that some laptops have DVD players installed.  Agrees with the notion that people should not drive down the road and watch movies.

287

Lieutenant Jarmer

States that they do not cite a large amount of these incidents.

298

Chair Burdick

Closes the public hearing and opens a work session on HB 2811A.

HB 2811A – WORK SESSION

300

Sen. Starr

MOTION:  Moves to ADOPT HB 2811A-A10 amendments dated 6/10/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Ringo

308

Chair Burdick

Hearing no objection, declares the motion CARRIED.

310

Sen. Starr

MOTION:  Moves HB 2811A to the floor with a DO PASS AS AMENDED recommendation.

313

Sen. Beyer

States that, for the record, the committee discussed at length the idea of an image displaying device being plugged into the lighter for power being applicable under the bill.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Prozanski, Ringo

330

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

333

Chair Burdick

Closes the work session on HB 2811A and opens a public hearing on HB 3352A.

HB 3352A – PUBLIC HEARING

336

Sam Sears

Counsel.  Describes HB 3352A relating to provideingthat the surviving parent of a decedent, or the heirs or devisees of a parent, does not inherit by intestacy if the decedent lacked the capacity to make a will for at least five years before the death and the parent failed to provide support for the decedent for a period of 10 years or more before the decedent attained 18 years of age, or if the decedent died before attaining 18 years of age and the parent provided no support for the decedent during the life of the decedent.  Introduces and describes the –A5 amendment (EXHIBIT C).

371

Rep. Tom Butler

House District 60.  Testifies in support of HB 3352A with the –A5 amendment.

405

Rep. Butler

Discusses the case that inspired the drafting of this bill.

440

Sen. Beyer

Asks if there happened to be a child with a single dead-beat parent, who the inheritance would then go to if the child died.

TAPE 168, A

010

Sears

Talks about the laws of inheritance.

015

Sen. Beyer

Wonders about the effects of the bill on the laws of inheritance.

028

Rep. Butler

Clarifies the effects of the bill under the circumstances raised by Sen. Beyer.

038

Sen. Beyer

Argues that there are circumstances where this inheritance could go to people who do not truly deserve the inheritance.

052

Rep. Butler

Discusses the circumstance talked about by Sen. Beyer.

070

Sen. Walker

Notes that the bill clarifies the “dead-beat” parent as a deserter, as opposed to a grandparent or sibling who are not required (or fully responsible) for raising the child (and have been absent from their life until that point).

086

Chair Burdick

Comments on the eventuality of the child dying and the estate going to the closest family member.

100

Sen. Prozanski

Inquires as to the definition of “deserter.”

104

Sears

States that the term was added after the initial drafting of the bill and declares that it is statutorily defined.

110

Sen. Prozanski

Stresses that they need references to these sections in the bill in the eventuality of the law being challenged.

118

Sears

Agrees with the idea raised by Sen. Prozanski.

124

Chair Burdick

Closes the work session on HB 3352A and moves the bill to the agenda for Thursday, June 16, 2005 to allow for upcoming amendments.  Opens a public hearing on HB 2282A.

 

HB 2282A – PUBLIC HEARING

140

Heidi Moawad

Counsel.  Describes HB 2282A relating to modifying the complaint in criminal and violation citations.  Introduces and describes the –A3, –A4, and –A6 amendments (EXHIBITS D - F).

200

Mark Landauer

Office of Government Relations, City of Portland.  Submits testimony and testifies in support of HB 2282A (EXHIBIT G).

231

Bradd Swank

Oregon Judicial Department.  Submits testimony and testifies in support of HB 2282A (EXHIBIT H).  Discusses the efficiency in digitally recording the citation information as opposed to hand drafting the different forms.

279

Moawad

Wonders which class of offense (misdemeanor, felony, etc.) this bill would apply to.

291

Swank

Replies with information as to the abilities and responsibilities of the officers to cite different offenses.

310

Sen. Whitsett

Inquires as to the hacking preventions they have for their system.

315

Swank

Discusses the different securities that create firewalls and the other protections that would halt hackers from cracking their system.

326

Sen. Whitsett

Raises the concern that the Oregon Department of Education spent $32 million dollars on this sort of protection to have Eighth graders break through their protections just this year.  Wonders how they would deal with hackers.

332

Swank

Replies that there is a large variety of different hackers and they would deal with the different violations in specific methods.

362

Lieutenant Vince Jarmen

City of Portland.  Testifies in support of HB 2282A.  Stresses the increase of efficiency in this new electronic system.

430

Sen. Prozanski

Asks, for the record, if the citation would be dismissed if there was a loss of data.

441

Swank

States that it is possible for the data to get lost in any system, but yes. 

TAPE 167, B

026

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in support of the –A3 amendment.

035

Chair Burdick

Closes the public hearing and opens a work session on HB 2282A.

HB 2282A – WORK SESSION

039

Sen. Starr

MOTION:  Moves to ADOPT HB 2282A-A3 amendments dated 5/27/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Walker

041

Chair Burdick

Hearing no objection, declares the motion CARRIED.

041

Sen. Starr

MOTION:  Moves to ADOPT HB 2282A-A6 amendments dated 6/10/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Walker

043

Chair Burdick

Hearing no objection, declares the motion CARRIED.

044

Sen. Starr

MOTION:  Moves HB 2292A to the floor with a DO PASS AS AMENDED recommendation.

048

Sen. Walker

Raises the concern of a virus on this type of system.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Walker

054

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

055

Chair Burdick

Closes the work session on HB 2282A and opens a public hearing on HB 2323.

HB 2323 – PUBLIC HEARING

056

Heidi Moawad

Counsel.  Describes HB 2323 relating to changing the date by which a person sentenced as a dangerous offender must undergo a mental health examination.

087

Michael Washington

Chair, Board of Parole and Post-Prison Supervision.  Testifies in support of HB 2323.

122

Chair Burdick

Closes the public hearing and opens a work session on HB 2323.

HB 2323 – WORK SESSION

125

Sen. Starr

MOTION:  Moves HB 2323 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Walker

128

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

129

Chair Burdick

Closes the work session on HB 2323 and opens a public hearing on HB 2142A.

HB 2142A – PUBLIC HEARING

132

Heidi Moawad

Counsel.  Describes HB 2142A relating to specifying the circumstances under which corrections officers or other officials employed by the Oregon Department of Corrections may and may not use deadly physical force.  Introduces and describes the –A2 amendment (EXHIBIT I).

155

Sen. Prozanski

Asks why this amendment is necessary.

158

Moawad

Talks about the concerns with the –A2 amendment; officers are already trained and authorized to use force.

182

Stan Czerniak

Assistant Director for Operations, Oregon Department of Corrections.  Submits testimony and testifies in support of HB 2142A and the –A2 amendment (EXHIBIT J).  Declares that the officers are not expressly authorized to use certain amounts of force to quell disturbances and other emergencies in specific correctional facilities.

226

Czerniak

Declares that statutory authorization of deadly force in certain situations is needed.

236

Geoff Sugerman

Western Prison Project.  Submits testimony and testifies in support of HB 2142A and the –A2 amendment (EXHIBIT K).

253

Chair Burdick

Inquires about the possibility of opening up litigation because of this bill.

256

Sugerman

Replies that he isn’t sure if the bill would increase the likelihood of litigation.

266

Moawad

States that the Department of Public Safety Standards and Training (DPSST) is worried about the possibility of additional criminal and civil liability.

292

Mary Botkin

American Federation of State, County, and Municipal Employees.  Testifies in support of HB 2142A.  Stresses that there has not been a case of deadly force in the prisons in over 20 years. 

336

Sen. Prozanski

Declares that officers are trained to use escalating force.

351

Botkin

Replies that they are trying to limit civil and criminal liability for the officers.

375

Moawad

Discusses the concerns raised by the Department of Justice.  Talks about DPSST’s training methods in escalating force/use of force.

412

Sen. Prozanski

Articulates the necessary for escalating force procedures.

420

Moawad

Agrees with the discussion raised by Sen. Prozanski.

441

Sen. Prozanski

Talks about the lawsuit problems resulting from escalating force.

TAPE 168, B

012

Steve Doell

Crime Victims United.  Testifies in support of HB 2142A.

036

Sen. Whitsett

Asks if violent offenders are ever placed in minimum security prisons.

040

Botkin

Replies that it is possible for a violent offender to find themselves, through good behavior, in a minimum security prison.

051

Czerniak

States that if the prisoner is, in any way, a threat to the community, they are not placed in a minimum security environment.

054

Sen. Whitsett

Inquires about certain prisoners earning their way into minimum security prisons.

060

Czerniak

Explains the classifications (prisoner profiles, offenses they were incarcerated for, etc.) that would allow for a transfer to a minimum custody facility.

072

Sen. Prozanski

Wonders about job skills dictating an individual being placed into a minimum security facility.

075

Czerniak

Replies that they would not attempt to do this.

083

Chair Burdick

Closes the public hearing and moves HB 2142A to Thursday, June 14, 2005.  Opens a work session on HB 2221B.

HB 2221B – WORK SESSION

102

Sam Sears

Counsel.  Describes HB 2221B relating to establishing a Child Abuse Multidisciplinary Intervention Program in the Department of Justice.  Introduces and describes the –B4 amendment (EXHIBIT L).

120

Sen. Starr

MOTION:  Moves to ADOPT HB 2221B-B4 amendments dated 6/3/05.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Beyer, Prozanski, Ringo

123

Chair Burdick

Hearing no objection, declares the motion CARRIED.

124

Sen. Starr

MOTION:  Moves HB 2221B to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-3

EXCUSED:  3 - Beyer, Prozanski, Ringo

128

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

139

Sears

States that there is no fiscal for the bill.

144

Chair Burdick

Closes the work session on HB 2221B and opens a public hearing on HB 2306A

HB 2306A – PUBLIC HEARING

146

Sam Sears

Counsel.  Describes HB 2306A relating to making unmarried parents of a minor child liable for the expenses and education of the child.  Introduces and describes the –A7 amendment (EXHIBIT M).

177

Rep. Mary Nolan

House District 36.  Testifies in support of HB 2306A and the –A7 amendment.

211

Sen. Beyer

Asks about a relating to clause conflict.

214

Rep. Nolan

Discusses how the relating to clause does not conflict with the context or scope of the bill.

233

Jim Markee

Oregon Collector’s Association.  Testifies in support of HB 2306A with the -A7 amendment.

263

Markee

Addresses the possible relating to clause conflict raised by Sen. Beyer.

279

Sen. Walker

Inquires about the –A5 amendment being incorporated into the –A7.

283

Markee

Replies that the –A7 has the –A5 within the drafting language.

291

Sen. Beyer

States that this bill might create an unequal liability for parents who live together who are not married.

296

Markee

Responds that current law is unequal in that regard and this bill seeks to fix that problem.

330

Tina Kotek

Policy Director, Children First of Oregon.  Testifies in support of HB 2306A and the –A7 amendment. 

347

Lisa Trussell

Associated Oregon Industries.  Testifies in support of HB 2306A and the –A7 amendment.

362

Chair Burdick

Closes the public hearing and opens a work session on HB 2306A.

HB 2306A – WORK SESSION

365

Sen. Starr

MOTION:  Moves to ADOPT HB 2306A-A7 amendments dated 6/13/05.

367

Sen. Whitsett

Declares his opposition to the bill.

 

 

VOTE:  5-1-1

AYE:               5 - Beyer, Prozanski, Starr C., Walker, Burdick

NAY:               1 - Whitsett

EXCUSED:     1 - Ringo

378

Chair Burdick

The motion CARRIES.

380

Sen. Starr

MOTION:  Moves HB 2306A to the floor with a DO PASS AS AMENDED recommendation.

386

Sen. Whitsett

Inquires about a fiscal on the bill and the conflict with the relating to clause.

358

Chair Burdick

VOTE:  4-2-1

AYE:               4 - Prozanski, Starr C., Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Ringo

401

Chair Burdick

The motion CARRIES.

407

Chair Burdick

Closes the work session on HB 2306A and opens a public hearing on HB 2730A.

HB 2730A – PUBLIC HEARING

411

Sam Sears

Counsel.  Describes HB 2730A relating to providing civil immunity for broadcasters participating in the Amber Plan.

422

Chair Burdick

Closes the public hearing and opens a work session on HB 2730A.

HB 2730A – WORK SESSION

429

Sen. Starr

MOTION:  Moves HB 2730A to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

432

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

449

Chair Burdick

Closes the work session on HB 2730A and adjourns the meeting at 5:00 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2811A, -A10 amendment, staff, 2 pp
  2. HB 2811A, written testimony, Mark Landauer, 4 pp
  3. HB 3352A, -A5 amendment, staff, 7 pp
  4. HB 2282A, -A3 amendment, staff, 1 p
  5. HB 2282A, -A4 amendment, staff, 2 pp
  6. HB 2282A, -A6 amendment, staff, 2 pp
  7. HB 2282A, written testimony, Mark Landauer, 2 pp
  8. HB 2282A, written testimony, Bradd Swank, 3 pp
  9. HB 2142A, -A2 amendment, staff, 1 p
  10. HB 2142A, written testimony, Stan Czerniak, 2 pp
  11. HB 2142A, written testimony, Geoff Sugerman, 1 p
  12. HB 2221B, -B4 amendment, staff, 1 p
  13. HB 2306A, -A7 amendment, Rep. Nolan, 5 pp