SENATE COMMITTEE ON RULES

 

 

February 17, 2005                                                               Hearing Room: ASHLAND ARMORY

6:30 P.M.                                                                                                       ASHLAND, OREGON

Tapes  12 - 15

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Jason Atkinson

Sen. Charlie Ringo

Sen. Frank Shields

 

VISITING MEMBERS:         Sen. Alan Bates

Rep. Betty Komp

Rep. Arnie Roblan

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURES/ISSUES HEARD:

Executive Appointment – Public Hearing and Work Session

      Environmental Quality Commission

            Judy Uherbelau

SB 712 – Public Hearing

SB 587 – Public Hearing

Approval of drafting request – 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 12, A

005

Chair Brown

Calls the meeting to order at 6:40 p.m.  Makes opening remarks.  Asks members to introduce themselves.

050

Sen. Ferrioli

District 30.  Introduces himself.

060

Rep. Betty Komp

District 22.  Introduces herself.

070

Rep. Arnie Roblan

District 9.  Introduces himself.

080

Sen. Alan Bates

District 3.  Introduces himself.

085

Sen. Atkinson

District 2.  Introduces himself.

095

Sen. Shields

District 24.  Introduces himself.

105

Chair Brown

Opens public hearing and work session on executive appointment.

EXECUTIVE APPOINTMENT – PUBLIC HEARING AND WORK SESSION

ENVIRONMENTAL QUALITY COMMISSION – APPOINTMENT OF JUDY UHERBELAU (EXHIBIT A)

115

Judy Uherbelau

Introduces herself.  Discusses her background and qualifications for appointment to the Environmental Quality Commission (EQC). 

140

Chair Brown

Asks about her ability to attend commission meetings and serve.

145

Uherbelau

Explains she has flexibility in her employment which allows her to perform public service.

160

Sen. Ferrioli

Asks about burden of environmental regulations on the economies of small communities.

170

Uherbelau

Responds all of life is a balancing act and it is important to consider all the impacts of enforcing regulations.  Explains her philosophy that humans are stewards of the earth and its resources. 

200

Sen. Ferrioli

Comments on the Governor’s confrontational approach to environmental enforcement.

210

Uherbelau

Agrees that environmental enforcement is confrontational.  Believes all parties should work together for solutions.

220

Sen. Ferrioli

Asks whether her law practice includes environmental law.

225

Uherbelau

Responds it has not.

230

Sen. Ferrioli

Distinguishes between industry in non-renewable resources (steel) and closure of sawmills.

240

Uherbelau

Answers and describes her research on forestry issues.  Discusses cutting of old-growth timber.

250

Sen. Ringo

Asks about her view on sustainability of natural resources.

280

Uherbelau

Discusses renewable resources and adds that the environment should also be sustained.

290

Sen. Bates

Asks for her response to a comment about how she represented an area with diverse interests.

300

Uherbelau

Explains having a diverse district allowed her to expand her thinking about many issues.  Adds that she listened to people and considered what they said.

340

Sen. Atkinson

Explains he will support the nomination having known Ms. Uherbelau and watched her example.  Comments she has balance in her thinking.

360

Sen. Shields

Comments on need for sustainability.  Asks about the commission listening to the recommendations of the Department of Environmental Quality with regard to toxic mixing zones on the Willamette River.

TAPE 13, A

020

Uherbelau

Comments that jobs and the economy are important, but industries must also be good citizens.

025

Sen. Ringo

MOTION:  Moves the APPOINTMENT of Judy Uherbelau to the Environmental Quality Commission to the floor with the recommendation that the appointment BE CONFIRMED.

030

 

VOTE:  4-1-0

AYE:               4 - Atkinson, Ringo, Shields, Brown

NAY:               1 - Ferrioli

 

Chair Brown

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

035

Chair Brown

Closes work session on executive appointment.  Opens public hearing on SB 712.

SB 712 – PUBLIC HEARING

045

Tiffany Harris

Committee Administrator.  Presents overview of SB 712.

050

Rep. Arnie Roblan

District 9.  Testifies in support of SB 712.  Discusses increased penalties for domestic violence.  Describes how pregnancy escalates responsibility and curtails freedom, and how some men react violently.  Discusses prevalence of physical abuse during pregnancy.

090

Rep. Betty Komp

District 22.  Testifies in support of SB 712.  Discusses consequences of domestic violence on families, especially pregnant women.  Describes her experiences as a middle school principal.

130

Sen. Ferrioli

Responds to Rep. Roblan’s testimony.  Agrees that legislation is overdue.  Asks whether he has reviewed the California statute.

140

Rep. Roblan

Responds he has reviewed other statutes but approves this approach.

155

Ron Johnson

Introduces himself.

157

JoeAnn Johnson

Introduces herself.

160

Ron Johnson

Testifies in support of SB 712.  Explains his daughter was murdered.  Discusses statutes in other states.  Urges the passage of the measure if it would save one woman and one child.

175

Arnie Green

Community Works Executive Director; Oregon Alliance to End Violence Against Women.  Testifies in support of SB 712.  Discusses activities of the Alliance to increase safety for women.  Explains need for increased public education.  Approves strengthening the criminal justice system.  Describes funding sources for community services.

255

Mara Owens

Oregon State University student.  Testifies in support of SB 712.  Describes her experiences as a victim. 

310

Paul Robinson

Community Relations Director, Planned Parenthood of Southwest Oregon.  Testifies in support of SB 712.  Discusses domestic violence against pregnant women.

360

Sen. Ferrioli

Refers to the Laci Peterson incident in California.  Asks how that law differs.

365

Robinson

Responds trying to establish personhood is a distraction from the issue of safety of pregnant women.  Recommends passing this law as written.

390

Martha Pellegrino

Law student, Eugene.  Presents written testimony of Tom Lininger in support of SB 712 (EXHIBIT B).  Discusses need for updating penal statutes.

TAPE 12, B

005

Sen. Atkinson

Asks about degrees of vulnerability at different stages of pregnancy.

010

Pellegrino

Defers.

015

Sen. Atkinson

Agrees that the statutory update is important.  Refers to Section 2 language and asks if there would be an increased penalty for these crimes.

030

Robinson

Responds the focus should not be on whether there is a viable fetus but on the issue of violence against pregnant women.

060

Sen. Atkinson

Explains he seeks a balance between California’s law making the crime a double homicide and making Oregon’s law more strict.

070

Chair Brown

Clarifies distinction between SB 440 and SB 712.  Explains SB 712 only elevates the penalty for murder if the perpetrator knows the victim is pregnant.  Discusses level of knowledge required by each bill.

090

Sen. Atkinson

Asks how the measure addresses the situation where an unborn child does not survive an assault.

100

Sen. Ferrioli

Suggests the effect of SB 712 would be only one homicide, but under SB 440 there would be two homicides.  Discusses exemptions in both bills.  Asks for the bills to be heard side by side.

120

Dr. Nancy Glass

Co-Director, Center for Health Disparities Research; Assistant Professor, Oregon Health and Sciences University (OHSU) School of Nursing.  Testifies in support of SB 712.  Discusses her reasons in the context of violence against women.  Provides statistics on homicide and domestic violence.

190

Chair Brown

Asks about her background.

195

Glass

Advises she is a PhD and a nurse.

205

Joshua Marquis

Clatsop County District Attorney; Board Member, National District Attorneys Association; Oregon District Attorneys Association.  Testifies in support of SB 712.  Argues that protecting pregnant women will also protect unborn children.

255

Chair Brown

Asks about cases he has handled.

260

Marquis

Explains he has handled many cases of assault on pregnant women but no homicides.

270

Chair Brown

Asks about specific circumstances.

275

Marquis

Explains penalty for miscarriage under current law and under SB 712.

295

Sen. Ferrioli

Asks about the legal definition of pregnant.

300

Marquis

Responds there is no legal definition.  Suggests under SB 712 it would be any time during a pregnancy, and the significance of the measure is that the perpetrator must know the victim is pregnant.

325

Sen. Ferrioli

Asks about prosecution under specific facts.

330

Marquis

Discusses different options depending on the progress of the pregnancy.

340

Sen. Ferrioli

Refers to Laci Peterson case with two homicides and Oregon law.

345

Marquis

Explains the California law provides for a separate crime of homicide against the fetus.

360

Sen. Ferrioli

Asks about statutes of limitations for assault and for murder.

365

Marquis

Discusses.

375

Sen. Ferrioli

Clarifies the statute of limitations for assault is three years and for homicide there is no limit.  Suggests it is only his opinion that the double homicide would not pass in Oregon.

385

Marquis

Focuses on the protection for the woman.

TAPE 13, B

005

Chair Brown

Closes public hearing on SB 712.  Opens public hearing on SB 587.

SB 587 – PUBLIC HEARING

010

Tiffany Harris

Committee Administrator.  Presents overview of SB 587. 

020

Vanya Sloan

League of Women Voters of Ashland Oregon.  Testifies in support of SB 587.  Submits written testimony (EXHIBIT C).

050

Myra Erwin

League of Women Voters of Ashland Oregon.  Testifies in support of SB 587.

060

Chair Brown

Closes public hearing on SB 587.  Reopens public hearing on SB 712.

SB 712 – PUBLIC HEARING

065

Bryan Platt

Eagle Point.  Testifies in opposition to SB 712.  Submits written testimony and photos (EXHIBIT D).  Argues SB 712 is inadequate to protect victims and unborn children.

100

Bob Koser

Rancher, Eagle Point.  Testifies in opposition to SB 712.  Submits written testimony (EXHIBIT E).  Clarifies he supports protection of pregnant women but argues it does not go far enough.  Suggests that SB 440 or HB 2020 be considered.

150

Chair Brown

Asks if either witness supports increased penalties when the perpetrator knew or should have known a victim was pregnant.

160

Koser

Disagrees with the terminology about knowledge.

165

Platt

Responds he does not disagree.

170

Chair Brown

Asks whether either would oppose creating multi-disciplinary teams to study domestic violence fatalities.

175

Koser

Responds he would not oppose the idea as long as the unborn baby’s rights are protected.

178

Platt

Agrees and adds that we would not be at this hearing if only Kerry Repp had been murdered.  Argues there was another victim, and SB 712 does not address that issue.

180

Chair Brown

Asks about their understanding of the ultimate penalty under SB 440.

182

Platt

Responds there are two penalties.

185

Sen. Bates

Comments on the language of SB 440 and SB 712.

190

Chair Brown

Clarifies SB 440 has no intent element stated in the bill.  Explains net effect in certain circumstances.

205

Sen. Ferrioli

Discusses criminal intent.  Asks for SB 440 to be heard side by side.

210

Chair Brown

Refers to language.

215

Sen. Ferrioli

Discusses prosecution of homicide.

240

Sue Ann Arnold

Eagle Point.  Testifies in opposition to SB 712.  Discusses the humanness of an unborn baby.  Suggests there should be two prosecutions.

295

Lisa Greif

Medford Public Defender’s Office; Oregon Criminal Defense Lawyers Association (OCDLA).  Testifies in opposition to SB 712.  Opposes any change which increases the death penalty, including SB 440 and HB 2020.

315

Sen. Ferrioli

Asks if there would be a defense under SB 712, based on lack of knowledge of the pregnancy.

320

Greif

Responds that knowledge is a concept required by a wide range of criminal offenses. 

325

Arnold

Adds that the perpetrator should not be required to have knowledge.

340

Sen. Ferrioli

Discusses knowledge requirements under SB 440 and SB 712.

350

Greif

Explains her first defense would be that an accused did not commit the homicide, and second that the accused did not know of the pregnancy.

360

Sen. Atkinson

Thanks Ms. Arnold for appearing.

380

Evangeline Simmons

Sexual Assault Victim Services, Community Works.  Testifies in support of SB 712.  Discusses importance of deterrence in domestic violence and sexual assault situations.

400

Sterling Ford

Testifies as neutral on SB 712.  Submits written testimony
(EXHIBIT F).  Argues that unborn children are humans.

TAPE 14, A

005

Sterling Ford

Continues and urges that bills be passed to address the emergency.  Considers killing a mother and her unborn child as a double murder.  Expresses support for the Johnsons.

055

Sen. Atkinson

Agrees it should be considered a double murder.

070

Myrna Shaneyfelt

Grants Pass.  Testifies in opposition to SB 712.  Submits written testimony (EXHIBIT G).  Argues the measure does not go far enough.  Urges support of SB 440 which would recognize a double murder.

130

Sen. Ferrioli

Responds and discusses shootings where a victim was behind a wall.

140

Shaneyfelt

Refers to the federal Unborn Victims of Violence Act.  Suggests the members review and consider using that framework.

160

Aaron Ausland

Testifies in opposition to SB 712.  Argues women are no more vulnerable than any other class, and pregnant women represent two lives. 

220

Jane Gorevin

Testifies in opposition to SB 712.  Supports increased penalties but argues the measure does not go far enough.  Urges resolution of language issues so comprehensive protection can be provided.  Acknowledges issues and advocates more dialog.

310

Sandra Abercrombie

Medford.  Testifies in opposition to SB 712.  Submits written testimony (EXHIBIT H).

330

Amy Herbelin

Testifies in support of SB 712.  Describes her friendship with Kerry Repp.

340

Steve Raycraft

Testifies in opposition to SB 712.  Submits written testimony (EXHIBIT I).  Argues the bill does not go far enough and advocates for SB 440.

400

Eric Schaafsma

Testifies as neutral on SB 712.  Compares language of SB 712 and
SB 440.  Asks for support for SB 440 and HB 2020.

The following prepared testimony is submitted for the record without public testimony for SB 712:

 

Rep. Peter Buckley

District 5.  Submits written testimony (EXHIBIT J)

TAPE 15, A

020

Chair Brown

Clarifies there is no definition of pregnancy in Oregon’s criminal code.  Closes public hearing on SB 712.  Opens work session for consideration of legislative concept for drafting by Legislative Counsel.

APPROVAL OF DRAFTING REQUEST – WORK SESSION

030

Chair Brown

Discusses drafting request regarding domestic violence fatality review (EXHIBIT K).

035

Chair Brown

MOTION:  Moves the drafting request BE APPROVED FOR DRAFTING by Legislative Counsel.

040

 

VOTE:  4-0-1

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 - Ringo

 

Chair Brown

The motion CARRIES.

060

Sen. Ferrioli

Comments all the legislators want to increase penalties and protections, and there is no lack of support for the ideas. 

080

Chair Brown

Closes work session.  Adjourns the meeting at 9:07 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Environmental Quality Commission, staff and Governor’s office, 9 pp

B.     SB 712, written testimony of Tom Lininger, Martha Pellegrino, 2 pp

C.     SB 587, written testimony, Vanya Sloan, 1 p

D.    SB 712, written testimony and photos, Bryan Platt, 3 pp

E.     SB 712, written testimony, Bob Koser, 2 pp

F.      SB 712, written testimony, Sterling Ford, 1 p

G.    SB 712, written testimony, Myrna Shaneyfelt, 2 pp

H.    SB 712, written testimony, Sandra Abercrombie, 1 p

I.       SB 712, written testimony, Steve Raycraft, 1 p

J.      SB 712, written testimony, Rep. Peter Buckley, 1 p

K.    Approval of drafting request, domestic violence fatality review, staff, 4 pp