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Item 3: Ratification of IGR Actions
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Item 3: Ratification of IGR Actions
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6/9/2010 12:45:18 PM
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2/20/2009 10:48:35 AM
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City Council
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2/23/2009
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The bill would prohibit the defendant in a case from copying or otherwise duplicating <br />visual or audible evidence in a case which involved "a victim in a state of nudity or <br />engaged in sexual activity", provided that such evidence was made available for <br />inspection, view, and examination at a government facility by the defendant, his/her <br />attorney, and any qualified expert that the defendant may seek to have testify on his/her <br />behalf. <br />The goal of this legislation is to avoid having the victim victimized again by having this <br />very personal evidence out of the government's hands. Once a copy is outstanding, <br />there is no control as to what use might be made of this to embarrass or harass the <br />victim, especially in this age of easy mass dissemination of information (e.g., YouTube). <br />Note: This bill is nearly identical with SB 209. <br />HB 2425 <br />Relating Clause: Relating to felony driving while under the influence of intoxicants. <br />Title: Modifies elements of felony driving while under influence of intoxicants to include prior <br />participation in diversion program. <br />Sponsored by: COMMITTEE ON JUDICIARY <br />URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2425.intro.pdf <br />ContactRespondentDept Updated Priority Policy Poli Numb Recommendation <br />E. Cushman M. Gilbert EPD-ADM 2/5/2009 Pri 3 Yes YesV. C7 Support <br />Comments: <br />We support this bill, which would modify the provisions of the DUII Felony charge to <br />count a prior DUII diversion as if it were a conviction if it occurred within the 10 years <br />prior to the current offense. <br />The DUII Felony provision was created to increase the penalty for those who continue to <br />drive while impaired after having 3 prior convictions for the same offense during the prior <br />10 years. This bill would count a diversion as if it were a conviction for this purpose if it <br />occurred within the past 10 years. We believe that this makes sense because the <br />diversion program was created to allow a person arrested for DUII for the first time an <br />alternative with less severe consequences than if s/he were convicted of DUII. It was <br />never designed to give a person one "free" DUII before consequences set in. For this <br />change of law to have any effect on an individual, s/he would need to have 2 prior DUII <br />convictions in addition to the diversion within the 10 years preceding the prosecution for <br />the current (fourth) DUII. Given the relatively small percentage of DUIIs who are <br />arrested, a person who has actually been convicted this many times for DUII is a severe <br />menace to others using the highway, and should be subject to the enhanced penalty. <br />HB 2426 <br />Relating Clause: Relating to penalties for driving while under the influence of intoxicants. <br />Title: Imposes minimum fine of $2,500 and mandatory imprisonment for person convicted of <br />driving while under influence of intoxicants if person had 0.20 percent or more by weight <br />of alcohol in blood of person at time of offense. <br />Sponsored by: COMMITTEE ON JUDICIARY <br />URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2426.intro.pdf <br />RespondentDept Updated Priority Policy Poli Numb Recommendation <br />Contact <br />Char Mauch CS-MUNI 2/4/2009 Pri 3 Oppose <br />Comments: <br />Municipal Court is concerned about the mandatory jail time due to the lack of jail space in <br />Lane County. <br />4 <br /> <br />
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