04/28/1994 09:00 AM House STA

  CSSB 349 - GRAND JURY EVIDENCE BY POLICE OFFICERS                            
                                                                               
  CHAIRMAN VEZEY opened CSSB 349 for discussion.  He noted                     
  House Judiciary Committee had already waived this bill,                      
  therefore State Affairs would be its last committee of                       
  referral.  He believed CSSB 349 was identical to its House                   
  companion bill which had been before the House Education and                 
  Social Services, Judiciary and Finance Committees.  He                       
  stated CSSB 349 proposes to allow police officers to give                    
  hearsay testimony of other police officers they serve with                   
  or supervise.                                                                
                                                                               
  REPRESENTATIVE FRAN ULMER asked if CHAIRMAN VEZEY planned to                 
  allow testimony from the Department of Law.                                  
                                                                               
  (REPRESENTATIVE SANDERS entered at 9:06 a.m.)                                
                                                                               
  CHAIRMAN VEZEY responded no, everyone in the committee, but                  
  REPRESENTATIVE ULMER, heard their testimony previously in                    
  other committees.                                                            
                                                                               
  Number 040                                                                   
                                                                               
  REPRESENTATIVE ULMER said she would like to have her                         
  question answered because it may lead to an amendment on the                 
  floor.  She wanted to save time.  She noted Department of                    
  Law cannot testify on the floor of the House.                                
                                                                               
  CHAIRMAN VEZEY emphasized the bill had been heard in three                   
  committees in the House.                                                     
                                                                               
  REPRESENTATIVE ULMER reminded this hearing was the last                      
  committee of referral, therefore it would be their last                      
  chance to put the answer to her question on public record.                   
                                                                               
  CHAIRMAN VEZEY asked REPRESENTATIVE ULMER to bring the                       
  question up on the floor.                                                    
                                                                               
  REPRESENTATIVE BETTYE DAVIS said she felt REPRESENTATIVE                     
  ULMER should have the right to ask the question.                             
                                                                               
  CHAIRMAN VEZEY asked if anyone else in the committee desired                 
  to hear testimony.                                                           
                                                                               
  REPRESENTATIVE PETE KOTT mentioned he may be able to answer                  
  the question.                                                                
                                                                               
  Number 080                                                                   
                                                                               
  REPRESENTATIVE ULMER asked on page 2, line 23, relating to                   
  hearsay evidence, if the evidence had to have been recorded                  
  in order for it to be used by the peace officer before the                   
  grand jury.  Is some sort of record or formal transcript                     
  required.                                                                    
                                                                               
  CHAIRMAN VEZEY answered no.                                                  
                                                                               
  REPRESENTATIVE ULMER further questioned how the testimony or                 
  omission could be proven negligent at some time if records                   
  are not kept at the time of questioning.                                     
                                                                               
  CHAIRMAN VEZEY observed it would be a difficult burden of                    
  proof.  He pointed out most testimony given in court is not                  
  backed up be transcripts or tape recordings, only peoples'                   
  testimony under oath.                                                        
                                                                               
  REPRESENTATIVE ULMER replied a hearsay exception is                          
  different from testimony given in court under oath.  She                     
  noted this is a grand jury proceeding.                                       
                                                                               
  CHAIRMAN VEZEY suggested REPRESENTATIVE ULMER prepare an                     
  amendment and present it on the floor.                                       
                                                                               
  REPRESENTATIVE B. DAVIS asked that the question be answered.                 
                                                                               
  CHAIRMAN VEZEY asked the pleasure of the committee.                          
                                                                               
  Number 145                                                                   
                                                                               
  REPRESENTATIVE HARLEY OLBERG moved to move CSSB 349(JUD)                     
  from committee with individual recommendations.                              
                                                                               
  REPRESENTATIVE ULMER objected to the motion as a matter of                   
  process.  She stated CHAIRMAN VEZEY could not tell a member                  
  of the committee that they cannot ask the administration a                   
  legitimate question.  She noted Margot Knuth, Department of                  
  Law, was available to answer the question.  She emphasized                   
  having Ms. Knuth's testimony on the record was the only way                  
  for other members of the legislature to know what happens in                 
  CSSB 349.                                                                    
                                                                               
  CHAIRMAN VEZEY asked if REPRESENTATIVE ULMER planned to                      
  appeal the decision of the chair.                                            
                                                                               
  REPRESENTATIVE ULMER answered she objected for the reasons                   
  stated.                                                                      
                                                                               
  Number 175                                                                   
                                                                               
  CHAIRMAN VEZEY asked the committee secretary to call the                     
  roll.                                                                        
                                                                               
                                                                               
  IN FAVOR:      REPRESENTATIVES VEZEY, KOTT, G. DAVIS,                        
                 SANDERS, OLBERG.                                              
  OPPOSED:       REPRESENTATIVES ULMER, B. DAVIS.                              
                                                                               
  MOTION PASSED