Item 2A: Approval of City Council Minutes

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Councilor Zelenka, seconded by Councilor Clark, moved to adopt a Priority 2 Support position on House Bill 2403. Councilor Taylor opposed the bill because she did not know how one could tell if a vehicle was intended to be used in the commission of a crime. Councilor Ortiz supported the staff recommendation. She said it had been made clear that this was directed at cars that were modified for drug trafficking. She noted that there were also concerns expressed about vehicles that had been contaminated by the chemicals used in the making of methamphetamine. Councilor Clark asked if the forfeiture was meant to occur before or after a conviction. Ms. Wilson replied that the bill would address those instances where there had been probable cause to believe that the car was intended to be used or had been used for commission of a drug crime. She said forfeiture would be a recommendation at the time of sentencing. She noted that there had already been a hearing on the bill, which had been brought forth by the Oregon Narcotics Enforcement Association. She stated that there would be amendments introduced to clarify the definition of a compartment. She related that their concern was that, once such a vehicle had been obtained, they did not want it released back to the public because of potential hazardous drug residues or that the modifications made to a vehicle had rendered it no longer safe. Councilor Zelenka ascertained from Ms. Wilson that forfeiture would not occur until after sentencing. Ms. Wilson explained that the District Attorney could make a recommendation that the vehicle be forfeited at the sentencing and then the car could be either modified, the compartment removed, or the vehicle destroyed. Councilor Zelenka asked if there would be amendments to allow for modification to eliminate the hidden compart- ment and have the owner pay for it. He asked if this would be instead of forfeiture. Ms. Wilson responded that this depended on how extreme the modifications were. She explained that if the modifications were such that the hidden compartment could not be corrected, then the car could be destroyed. She noted that the hearing included those vehicles that had been contaminated with substances that could not be corrected. Councilor Zelenka asked what “or intended” meant. Ms. Wilson replied that this had been brought up by a committee member. She said the Oregon State Police (OSP) officer that testified stressed that an officer had to have probable cause and without that the forfeiture could not take place. Councilor Zelenka, seconded by Councilor Taylor, moved to table the motion. Roll call vote; the motion failed, 4:3; councilors Taylor, Zelenka, and Brown voting in favor. Councilor Taylor asked if the bill specifically indicated that the forfeiture would occur if drugs were present. Ms. Wilson replied that drugs did not have to be present. She said a vehicle had to have been modified to include a hidden compartment that was not a glove compartment or another container inside the vehicle. Councilor Taylor remarked that she could imagine “lots of reasons” that people might want to hide something in their cars. Roll call vote; the motion passed, 4:3; councilors Taylor, Zelenka, and Brown voting in opposition. House Bill 2427 – Provides that a person commits the offense of refusal to take the test for intoxicants if the person refuses to submit to urine or blood tests when requested to do so under the implied consent law. Councilor Zelenka, seconded by Councilor Clark, moved to adopt a position of Priority 3 Support on House Bill 2427. Councilor Taylor said this was just like the bill the council had discussed at its previous meeting. She believed that taking blood and urine were a violation of civil liberties and a “terrible invasion of privacy.” MINUTES—Eugene City Council February 23, 2009 Page 10 Regular Meeting