Item 3: Ratification of IGR Committee Actions and Direction on Legislative Policy

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HB 2322 Relating Clause: Relating to eyewitness identification; declaring an emergency. Title: Creates Task Force on Eyewitness Identification to study collection and handling of eyewitness identification evidence in criminal investigations. Sunsets task force on date of convening of next regular biennial legislative session. Declares emergency, effective on passage. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2322.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman C. Tilby EPD-ADM 1/19/2009 Pri 2 No No Support Comments: We support this bill, which would create a task force to examine issues around use of eyewitness identification of suspects and to develop recommended guidelines for applicable policies, procedures, and training. This is an important issue in terms of being able to properly use identifications of suspects obtained from eyewitnesses of crimes, and is increasingly the subject of discussion and scrutiny by the courts and criminal justice professionals. We believe that it would be good for a task force to undertake a systematic review of the issue and develop recommended guidelines. The task force is constituted of a variety of professionals, including prosecuting and defense attorneys, a psychologist who is an expert in this area, and law enforcement professionals. HB 2329 Relating Clause: Relating to endangering the welfare of a minor. Title: Modifies crime of endangering welfare of minor. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2329.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E Cushman C. Tilby EPD-ADM 1/19/2009 Pri 3 No No Support Comments: We believe that the wording that this bill would add to the statute will help to plug a loophole in the current law which defendants sometimes attempt to use to escape being charged with endangering the welfare of a minor in drug possession and/or drug sales cases. With the current wording, as an example, if the child is not in the same room as the defendant when the latter is selling drugs, the defendant may attempt to argue that the child was not "in a place" where the drug sale was occurring. This law is designed to protect children, and allowing such a claim based on a technicality does not make sense in terms of what the law is trying to accomplish. This has ramifications not only in terms of whether the defendant can be criminally charged, but also with the ability of DHS to deal with the conditions detrimental to the child's welfare (since a situation where a person has committed a crime allows them more ability to take action to protect the child). HB 2361 Relating Clause: Relating to health benefit plan coverage. Title: Requires health benefit plan to cover drug containing pseudoephedrine for allergy symptoms if plan covers prescription drugs for allergy symptoms. Adds orthotic and prosthetic devices to cross-references for coverage by health care service contractors and multiple employer welfare arrangements. 10