December 20, 2018

Judiciary Committee Meets in Salem during Legislative Days

Last week the Oregon Legislature met in Salem for December Legislative Days. This was the first meeting since the November election and conversations focused on proposed legislation for the 2019 legislative session. On Friday afternoon, both the Senate and the House Interim Judiciary Committees met to discuss a variety of issues that may arise in the Judiciary Committees during the upcoming session.

The meeting opened with the introduction of committee legislative concepts. Draft legislation can be found on the Oregon Legislative Information System (OLIS) under the Committees’ “Meeting Materials” pages (Senate Interim Committee on Judiciary, House Interim Committee on Judiciary).

The remainder of the meeting focused on a number of criminal justice issues, including:

• • • A preview of Kaylee’s Law (LC 644). Proposed legislation for the 2019 legislative session that formalizes and clarifies the role of campus public safety officers.
    • An update from the Law Enforcement Contacts Policy and Data Review Committee (LECC). A review of work that the LECC has completed, focusing on stop data, including data collection and law enforcement training.
    • Trauma-Informed Approaches in the Justice System. A discussion of the need for training for law enforcement in victim-centered, trauma-informed practices.
    • Crime Rates of Unlawful Use of a Motor Vehicle. A review of Oregon and national data.
    • Sixth Amendment Center Review of Oregon Public Defense Services. A presentation of the findings and recommendations regarding Oregon’s public defense services. The final report will be released in the new year.
    • Post-Conviction DNA Testing. Proposed legislation for the 2019 Legislative Session that would streamline Oregon’s DNA testing statute and make testing more accessible.

To watch the hearing, please go to OLIS for the recording.

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Grand Jury Recording – Reports to the Oregon Legislature

During the 2017 legislative session, the Legislature passed SB 505 (2017). The bill created a pilot project in three counties, Deschutes, Jackson, and Multnomah, to require the recording of grand jury proceedings beginning in March 2018. The remaining counties are required to begin recording grand jury proceedings on July 1, 2019.

The responsibility for grand jury proceedings is split between the Public Defense Services Commission, the Oregon Judicial Department, and the district attorneys. Over the course of the December Legislative Days, all three had the opportunity to present reports on their experiences and the impact of the grand jury recording requirement.

The Public Defense Services Commission identified cost of recordings, cost of transcription, and attorney workload in a preliminary report to the Legislature as areas to watch. The district attorneys requested funding to cover costs for the three pilot counties. The Oregon Judicial Department identified preliminary hearings, grand jury transcripts, protective orders, and possibly shorthand reporters as areas of interest. As the remaining districts prepare to record grand jury proceedings, the use of preliminary hearings will continue to be explored.

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Committee Assignments for the 2019 Legislative Session

This week, the Oregon Legislature released the committee assignments for the 2019 Legislative Session. While the Legislature’s budget writers for the 2019 Legislative Session had already been announced, Senate and House leadership waited until after the 2018 election and caucus meetings to determine committee assignments.

Many of the issues that Bar members track flow through the Senate and House Judiciary Committees as well as the Public Safety Subcommittee of the Ways and Means Committee.

House Judiciary Committee
Rep. Jennifer Williamson, Chair
Rep. Chris Gorsek, Vice Chair
Rep. Sherrie Sprenger, Vice Chair
Rep. Jeff Barker
Rep. Janelle Bynum
Rep. Mitch Greenlick
Rep. Rick Lewis
Rep. Mike Mclane
Rep. Carla Piluso
Rep. Bill Post
Rep. Karin Power

Senate Judiciary Committee
Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser
Sen. Dennis Linthicum
Sen. James Manning Jr.
Sen. Cliff Bentz
Sen. Shemia Fagan

Ways and Means Public Safety Subcommittee
Rep. Carla Piluso, Co-Chair
Sen. Jackie Winters, Co-Chair
Rep. Janelle Bynum
Sen. Dennis Linthicum
Rep. Gary Leif
Sen. James Manning Jr.
Rep. Tawna Sanchez
Rep. Duane Stark

Joint Ways and Means Co-Chairs
Sen. Betsy Johnson, Co-Chair
Sen. Elizabeth Steiner-Hayward, Co-Chair
Rep. Dan Rayfield, Co-Chair

For a complete list of House committee assignments, visit the Oregon State Legislature’s website here. For a complete list of Senate committee assignments, visit the Oregon State Legislature’s website here.

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Government Relations Listserve (GRList)

Are you interested in government relations in Oregon? Are you an Oregon lawyer engaged in the legislative or rulemaking process? If yes, consider joining the new Government Relations Listserve (GRList).

The GRList is for attorneys that practice or have an interest in government relations in Oregon. The opt-in listserve will provide a forum for attorneys in this area to discuss topics relating to government relations, legislation, CLEs, rulemaking, etc. The goal is to create a space where attorneys in this practice area can regularly connect on issues, network, refer potential clients, develop relevant CLEs, and work to create and update practice tools and other items of relevance to the practice.

To join, please email [email protected] and request to be added to the GRList.

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