Item 3: Ratification of IGR Actions

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