Crime Victims United of Oregon

 

The 2007 Oregon Legislature – Status Report – June 9, 2007

 

So far, the 2007 legislative session has been productive for Crime Victims United. Here is a status report on bills we are following.

Bills Supported By Crime Victims United

HJR 49

Proposes amendment to Oregon Constitution granting crime victims remedy for violation of constitutional rights.

Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate. The voters of Oregon will vote on this constitutional amendment in May of 2008.

HJR 50

Proposes amendment to Oregon Constitution granting crime victims mechanism for enforcing constitutional right regarding pretrial release of defendant.

Sponsor: Committee on Judiciary, at the request of Attorney General Hardy Myers for Department of Justice, Steve Doell for Crime Victims United

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate. The voters of Oregon will vote on this constitutional amendment in May of 2008.

Senate Bill 351

Establishes procedures for reporting missing persons and investigating missing person cases, including cases involving unidentified human remains.

Sponsor: Senator Kate Brown at the request of Michelle Duffy in memory of her daughter Miranda Gaddis, Lori Pond in memory of her daughter Ashley Pond, Yvonne and Javier Company in memory of their son Domingo Company-Ramirez.

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate.

Senate Bill 871

Requires permission from victim before 911 recording is released to media.

Sponsor: Senator Brown, at the request of Crime Victims United

Crime Victims United Position: Support

Status: No hearing was held. No action was taken.

Senate Bill 985

Allows a judge to determine if a victim should be required to give testimony at a deposition relating to a post-conviction relief hearing. Under current law the victim is required to give testimony whether the judge finds it relevant or not.

Sponsor: Senator Bates, at the request of Attorney General Hardy Myers, Crime Victims United, Linsday family

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate.

House Bill 2738

Expands crime of Aggravated Murder to include murder of witness in juvenile proceeding if murder was related to performance of victim's official duties of a witness.

Sponsor: Representative Barker, at the request of Crime Victims United

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 3420

Directs Secretary of State to conduct regular statewide audits of county juvenile departments.

Sponsor: Representative Barker, at the request of Crime Victims United

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate.

DUII Bills Supported By Crime Victims United

House Bill 2562

Creates new offense of refusal to take a test for intoxicants.

Sponsor: Representative Barker, at the request of Anne and Bruce Pratt, Crime Victims United.

Crime Victims United Position: Support

Hearing: March 1, 2007

Status: Passed House Judiciary Committee 9-0; Passed House 54-0. Hearing held on Senate. No action has been taken.

House Bill 2737

Assault III. Increases penalty for assault in third degree if defendant commits assault by means of motor vehicle and was driving while under influence of intoxicants.

Sponsor: Representative Barker at the request of Crime Victims United

Crime Victims United Position: Support

Status: Hearing held April 18. Currently in Public Safety Ways and Means Subcommittee. No further action taken.

House Bill 2740

Creates crime of Aggravated Vehicular Homicide. Punishes by mandatory minimum sentence of 20 years, maximum fine of $375,000, or both. Expands crime of assault in the first degree to include injury caused with criminal negligence by person driving under the influence of intoxicants if person has specific driving record.

Sponsor: Representative Barker at the request of Crime Victims United

Crime Victims United Position: Support

Status: Hearing held April 16. Currently in Public Safety Ways and Means Subcommittee.

House Bill 2774

Extends ignition lock requirement to one year for people convicted of DUII who receive hardship exemption from license suspension.

Sponsor: Representative Shields

Crime Victims United Position: Support

Status: Passed House and Senate.

House Bill 2895

Hospital Reporting Bill. Changes the reporting time for hospitals to report individuals whom they believe to have been driving under the influence of intoxicants from 5 days to 6 hours.

Sponsor: Representative Barker at the request of Crime Victims United

Crime Victims United Position: Support

Status: Passed by a unanimous vote of the Oregon House and Senate.

House Bill 2896

Requires medical professionals to conduct evidence gathering procedures and disclose results to law enforcement officer upon request.

Sponsor: Representative Barker, Senator Bates, at the request of Marie Armstrong in the name of Chance Friedhoff, Darke Hull, Crime Victims United

Crime Victims United Position: Support

Status: Hearing held March 21, No further action taken.

House Bill 2897

Requires person to sign acknowledgement and agreement regarding driving while under influence of intoxicants as part of application for driver license or permit.

Sponsor: Representative Barker, at the request of Anne and Bruce Pratt, Crime Victims United

Crime Victims United Position: Support

Status: Hearing held in House Transportation Subcommittee. Currently in Public Safety Ways and Means Subcommittee.

Alternative Incarceration Program Bills Supported By Crime Victims United

 

Crime Victims United supports reforming the “Alternative Incarceration Program” (AIP).

 

House Bills 2329 is a compromise bill that puts some limits on the early-release provisions of AIP and also increases presumptive sentences for repeat property offenders. The compromise was crafted through negotiations among the district attorneys, the Department of Corrections, the governor’s office, Crime Victims United and others. It received a hearing in the House Judiciary Committee but has been stalled in the Public Safety Ways and Means Subcommittee.

 

The remaining bills in this section were introduced by Representative Kim Thatcher. They would more profoundly reform AIP but did not receive hearings.

 

House Bill 2329

Makes various changes to the Alternative Incarceration Program. Increases sentences for repeat property offenders.

Crime Victims United Position: Support

Status: In Public Safety Way and Means Subcommittee. No action has been taken.

House Bill 2693

Inmates who have already gone through AIP once cannot be eligible again.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 2694

Inmates with prior felony convictions are not AIP eligible.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 2695

Must serve 13 months of sentence & have 24 months remaining to get into AIP.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 2696

Inmates convicted of crimes involving death or serious physical injury not AIP eligible.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 2697

Requires legislative authorization in order to expand AIP programs.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 2698

Inmates convicted of sex crimes are not AIP eligible.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 3122

AIP participants must sign waiver to make information public.

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

House Bill 3123

Requires performance audit and yearly reports to legislature on AIP progress. 

Sponsor: Representative Thatcher

Crime Victims United Position: Support

Status: No hearing held. No further action taken.

Bills Opposed By Crime Victims United

Senate Bill 631

Increases available “earned time credits” from 20 percent of sentence to 33%.

SB 631 would apply to all non-Measure 11 offenders including those convicted of crimes such as Assault III, Robbery III, Rape III, Attempted Rape I and II, burglary, grand larceny, identity theft and criminally negligent homicide.

Example: A drunk driver convicted of criminally negligent homicide and sentenced to 36 months in prison is currently eligible to receive over 7 months of earned time credit. Under SB 631, he would be eligible to receive 12 months of earned time credit.

Sponsor: Committee on Judiciary

Crime Victims United Position: Oppose

Status: No hearing was held. No action was taken.

Senate Bill 1014

Repeals the Measure 11 provision that requires a 15, 16 or 17-year-old to be tried in adult court. Applies to all Measure 11 crimes plus Aggravated Murder.

Example: A 16-year-old is indicted for Murder. Under current law, he is automatically tried as an adult. If convicted, he serves the Measure 11 mandatory minimum sentence of 25 years. Under SB 1014, a judge would decide whether the 16-year-old should be tried as a juvenile or as an adult. If tried as a juvenile and convicted, the 16-year-old could be released by juvenile authorities at any time and under no circumstances could he be held past his 25th birthday.

Sponsor: Committee on Judiciary

Crime Victims United Position: Oppose

Status: Hearing was held on April 11. No further action was taken.

House Bill 2880

Allows a judge to release a Measure 11 inmate who was an adult at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder.

Example: A 30-year-old man stalks his former girlfriend and attempts to kill her. She is badly injured but survives. He receives the Measure 11 minimum mandatory sentence for Attempted Murder of 7 years and 6 months. Under SB 2880, a judge could order his release after he has served 3 years and 9 months.

Sponsor: Representative Lim

Crime Victims United Position: Oppose

Status: No hearing was held. No action was taken.

House Bill 2904

Allows a judge to release a Measure 11 inmate who was a juvenile at the time of his crime after he has served half of his sentence. Applies to all Measure 11 crimes except for Murder, Attempted Aggravated Murder, and some cases of Assault I.

Example: A 17-year old forcibly rapes a woman. He receives the Measure 11 minimum mandatory sentence for Rape I of 8 years and 4 months. Under SB 2904, a judge could order his release after he has served 4 years and 2 months.

Sponsor: Committee on Judiciary

Crime Victims United Position: Oppose

Status: Hearing was held on April 11. No further action was taken.