SENATE COMMITTEE ON JUDICIARY

 

 

June 15, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 169 - 170

 

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:                 Heidi Moawad, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:        

HB 2361A – Work Session

HB 2297 – Work Session

HB 2299 – Work Session

HB 2144 – Work Session

HB 2312A – Work Session

HB 2142A – Work Session

HB 2224A – 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 169, A

003

Chair Burdick

Calls the meeting to order at 1:27 p.m. and opens a work session on HB 2361A.

HB 2361A – WORK SESSION

006

Heidi Moawad

Counsel.  Describes HB 2361A relating to requiring the revocation of driving privileges of persons convicted of a misdemeanor while driving under the influence of intoxicants for a third or subsequent time.

020

Sen. Walker

MOTION:  Moves HB 2361A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

023

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

026

Chair Burdick

Closes the work session on HB 2361A and opens a work session on HB 2297.

HB 2297 – WORK SESSION

028

Heidi Moawad

Counsel.  Describes HB 2297 relating to expanding the circumstances under which public indecency is a felony.  Introduces a fiscal analysis of HB 2297 (EXHIBIT D).

038

Sen. Walker

MOTION:  Moves HB 2297 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

040

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

042

Chair Burdick

Closes the work session on HB 2297 and opens a work session on HB 2299.

HB 2299 – WORK SESSION

043

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 a copy of the court order relieving the person of duty.  Introduces and describes the -1 amendment (EXHIBIT A).

056

Sen. Prozanski

Asks if the community colleges and universities would be covered under this bill.

060

Moawad

States that she followed up on that point with representatives from the community colleges.

065

Sen. Walker

MOTION:  Moves to ADOPT HB 2299-1 amendments dated 5/12/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

068

Chair Burdick

Hearing no objection, declares the motion CARRIED.

071

Sen. Walker

MOTION:  Moves HB 2299 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

073

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

075

Chair Burdick

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

HB 2144 – WORK SESSION

077

Heidi Moawad

Counsel.  Describes HB 2144 relating to modifying the conditions of probation for persons previously convicted of a sex offense.  Introduces and describes the -1 and -2 amendments (EXHIBITS B & C).

095

Chair Burdick

Asks if they need to adopt the -1 amendment.

110

Scott Taylor

Chief of Community Corrections, Oregon Department of Corrections.  Describes the reasoning behind the drafting of the bill.

132

Pat Schreiner

Marion County Sheriff’s Office, Parole and Probation Division.  Testifies in support of HB 2144.  Talks about SB 267 in the 2003 Legislative session dealing with evidence based practices.

156

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to the juvenile adjudication issue within the bill.

172

Sen. Prozanski

Asks if she is supportive of the -1 amendment, which would remove the juvenile issue she has a conflict with.

174

Skye

Replies affirmatively.  Continues discussion on juvenile offenses having a larger than intended impact on an individuals’ future record.

192

Sen. Whitsett

Comments on the issue of statutory rape (perhaps consensual between two age-varied individuals) falling under the effects of this bill.

200

Skye

Talks about the statutory rape issue being classified as a sex offense which would fall under this broadly encompassing bill.

218

Sen. Whitsett

Wonders about the numbers of individuals who have been convicted of sex crimes who develop behavior as a teenager who might repeat later in life.

222

Schreiner

Stresses that the most heinous sex offenders tend to start young.

234

Sen. Ringo

Talks about a drafting conflict on line 9 of the -1 amendment.

251

Sen. Walker

Discusses her stance on the bill.  States that there are currently over 3000 sex offenders in the Oregon Department of Corrections.

288

Sen. Ringo

Declares his support for the -1 amendment.

291

Sen. Prozanski

Comments on the methods used in other states.  Talks about the broad nature of the bill.

316

Sen. Walker

Brings up the issue of static-99: a tool used to determine the threat level of sex offenders.

331

Taylor

Discusses the static-99 assessment method tool that analyzes sex offender danger levels.

355

Chair Burdick

Wonders about the circumstances that would call for such screenings.

363

Schreiner

Stresses that these individuals are not the type who go thirty years without a repeat offense; generally the offenders are young (early 20s) with juvenile issues before repeat offending.

398

Sen. Prozanski

Inquires about the assessment process used by the parole officers (static-99).

416

Schreiner

Discusses why this bill was brought before the committee: several officers requested sex offender treatment for individuals under their care who were not given the treatment they needed.

443

Sen. Whitsett

Declares his hesitance to support the bill; the letter of the statute may be too broad.

TAPE 170, A

022

Sen. Walker

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

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

025

Chair Burdick

Hearing no objection, declares the motion CARRIED.

026

Sen. Beyer

Discusses the -2 amendment dealing with certain sex offender information available on specific websites.

042

Sen. Prozanski

Stresses that a fiscal may be needed for this amendment (which has another bill as the body of the amendment).

058

Sen. Walker

Talks about a sex offender internet program started across the United States by the federal government.

065

Sen. Beyer

Addresses section 3 of the -2 amendment dealing with government websites.

084

Sen. Ringo

States that he is new to the issue and needs to be caught up.

086

Sen. Prozanski

Brings up the issue of this amendment possibly becoming an unfunded mandate for smaller counties and areas that cannot afford such responsibility.

117

Schreiner

Comments on the problems they have with the -2 amendment.  Talks about the lack of consistency, statewide, with sex offender notifications (website, etc.).

158

Sen. Walker

MOTION:  Moves HB 2144 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

161

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

162

Chair Burdick

Closes the work session on HB 2144 and calls the meeting to recess at 2:07 p.m.

166

Chair Burdick

Calls the meeting to order at 2:35 p.m. and opens a work session on HB 2312A.

HB 2312A – WORK SESSION

174

Heidi Moawad

Counsel.  Describes HB 2312A relating to extending the time that a motion requesting the performance of DNA testing must be filed.  Introduces and describes the –A3 amendment (EXHIBIT E).

185

Brad Berry

Yamhill County District Attorney, Oregon District Attorneys Association.  Testifies in support of HB 2312A.

207

Sen. Walker

MOTION:  Moves to ADOPT HB 2312A-A3 amendments dated 5/12/05.

210

Sen. Beyer

Declares his opposition to this bill.

216

Chair Burdick

Discusses her stance on the issue where sometimes people may feel pressured into pleading guilty even if they are not.

234

Sen. Whitsett

Stresses his hesitant support for the bill with the amendment.

243

 

VOTE:  5-1-1

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

NAY:               1 - Beyer

EXCUSED:     1 - Starr C.

249

Chair Burdick

The motion CARRIES.

250

Sen. Walker

MOTION:  Moves HB 2312A 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.

255

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

261

Sen. Beyer

Asks about a fiscal for the amendment.

262

Chair Burdick

Replies that there is no fiscal.

266

Moawad

Stresses that there is no memo regarding a fiscal that she is aware of: Oregon State Police declared that this bill might create a fiscal but they are not certain.

277

Chair Burdick

Closes the work session on HB 2312A and opens a work session on HB 2142A.

HB 2142A – WORK SESSION

279

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 F).

289

Chair Burdick

Declares her support for the bill without the –A2 amendment.

299

Sen. Prozanski

Offers his support for the bill with the –A2 amendment, but states that use of force issues, and the training involved, will be analyzed by experts whenever such action is taken.

305

Sen. Prozanski

Raises another issue with the –A3 amendments.

343

Sen. Walker

MOTION:  Moves HB 2142A to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Ringo, Starr

349

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

361

Chair Burdick

Closes the work session on HB 2142A and opens a work session on HB 2224A.

HB 2224A – WORK SESSION

364

Heidi Moawad

Counsel.  Describes HB 2224A relating to requiring the appellate court, after reversing any count but not all counts on appeal to remand the case to a trial court for resentencing on the remaining count or counts  Introduces and describes the –A2 amendment (EXHIBIT G).

389

Jonathan Fussner

Oregon Department of Justice.  Testifies in support of HB 2224A and talks about the –A2 amendment.

408

Chair Burdick

Asks about situations where someone has a combination of concurrent and consecutive sentences.

424

Fussner

Talks about the scenario raised by Chair Burdick.

460

Fussner

Stresses that the trial judge has discretion on what to do in these instances of multiple offenses.

TAPE 169, B

021

Sen. Beyer

Wonders about upward departures issues with the Blakely decision and the relation with this bill.

031

Fussner

Comments on cases on remand where Blakely was decided during the process.

052

Chair Burdick

Asks what would happen if we don’t pass this bill.

054

Fussner

States that not much would occur if this bill wasn’t passed.  Talks about what might happen.

073

Chair Burdick

Places this bill onto the agenda for Thursday, June 17, 2005.  Adjourns the meeting at 2: 58 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2299, -1 amendment, staff, 26 pp
  2. HB 2144, -1 amendment, staff, 1 p
  3. HB 2144, -2 amendment, staff, 3 pp
  4. HB 2297, fiscal analysis, staff, 1 p
  5. HB 2312, -A3 amendment, Sen. Burdick, 4 pp
  6. HB 2142, -A2 amendment, staff, 1 p
  7. HB 2224, -A2 amendment, staff, 3 pp