Legislature(1993 - 1994)
03/28/1994 04:10 PM Senate OTH
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CONFERENCE COMMITTEE ON SB 54
March 28, 1994
4:10 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Senate Chair
Representative Brian Porter, House Chair
Senator Dave Donley
Senator Loren Leman
Representative Jerry Mackie
MEMBERS ABSENT
Representative Mark Hanley
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 54(FIN)
"An Act relating to violations of laws by juveniles, to the
remedies for offenses and activities committed by juveniles and to
records of those offenses, and to incarceration of juveniles who
have been charged, prosecuted, or convicted as adults; and
providing for an effective date."
HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H
"An Act relating to violations of laws by juveniles, to the
remedies for offenses and activities committed by juveniles and to
juvenile records, and to incarceration of juveniles who have been
charged, prosecuted, or convicted as adults; and providing for an
effective date."
ACTION NARRATIVE
(TAPE 94-1 - ON FILE IN THE LEGISLATIVE REFERENCE LIBRARY)
The Conference Committee on SB 54 was chaired by Senator Robin
Taylor who called the meeting to order at 4:10 p.m.
SUMMARY INFORMATION
TAPE 94-1, SIDE A
There was discussion of the meaning of limited free conference
powers of the committee regarding SB 54 and the possibility of
needing free conference power in order to deal with some portions
of the legislation. The committee decided to move ahead with the
portions of SB 54 that could be dealt with under the scope of
limited free conference powers.
Number 142
JACK CHENOWETH, Legislative Legal Counsel, pointed out that Section
2 of CSSB 54(FIN) and Section 9 of HCS CSSB 54(FIN) am H are
identical measures. The committee unanimously adopted those
provisions. Mr. Chenoweth continued by noting that Section 10 of
CSSB 54(FIN) and Section 19 of HCS CSSB 54(FIN) am H are identical.
The committee also unanimously adopted those provisions. Mr
Chenoweth informed the committee that Section 8 on page 8 of HCS
CSSB 54(FIN) am H is not found in CSSB 54(FIN).
DIANE SCHENKER, Department of Corrections, explained that Section
8 of the House version of SB 54 was added in order to alleviate
concerns regarding liability of incarcerating a juvenile with an
adult sex offender. The committee discussed whether Section 8 was
needed. Senator Taylor moved to delete Section 8 of HCS CSSB
54(FIN) am H, without objection Section 8 was deleted.
Number 455
Mr. Chenoweth continued to point out similarities in the two bills.
Section 3 in CSSB 54(FIN) and Section 10 of the House version, HCS
CSSB 54(FIN) am H, are identical provisions except that the House
version uses the word " intentional " while the Senate version uses es
the word " malicious " which mean the same thing. There being no
objection from the committee, the word " intentional " was adopted d
into the Conference Committee bill.
Mr. Chenoweth noted that Sections 2 and 3 of HCS CSSB 54(FIN) am H
are not parallel in the Senate version of SB 54. Representative
Mackie moved to adopt the language in Section 2, page 2, lines 26-
31 of HCS CSSB 54(FIN) am H. There being no objection the language
was adopted. Senator Taylor noted the intention to request limited
powers of free conference in order to deal with paragraph 10 on
page 3 of HCS CSSB 54(FIN) am H. Representative Mackie moved to
adopt Section 3 of HCS CSSB 54(FIN) am H, there being no objection
it was adopted.
Number 695
Mr. Chenoweth pointed out that Section 6, lines 4-6 of CSSB 54(FIN)
and Section 16, lines 25-27 of HCS CSSB 54(FIN) am H are identical.
He explained that in the House version a " treatment facility " was as
added. Representative Porter moved to adopt Section 16 of HCS CSSB
54(FIN) am H, without objection Section 16 of the House version was
adopted.
Sections 4,5,6, and 7 of HCS CSSB 54(FIN) am H are not paralleled
in CSSB 54(FIN). Mr. Chenoweth explained these sections of the
House version of SB 54. There was discussion regarding the
necessity of the language on page 5, lines 19-21 in HCS CSSB
54(FIN) am H. There was a motion to adopt Section 4 of the House
version. Senator Taylor objected.
TAPE 94-1, SIDE B
Senator Donley and Senator Taylor expressed concerns with this
language and the possibility that it could be used as exclusionary
by only speaking to one group of individuals which does not seem to
be the intent. Sections 4, 5, and 7 were held for review. Senator
Taylor moved to delete lines 27 and 28, page 7 of HCS CSSB 54(FIN)
am H. There being no objection, it was so ordered.
Mr. Chenoweth noted that Section 1 in both versions of the bill are
identical. Representative Porter moved to adopt Section 1 of HCS
CSSB 54(FIN) am H. Senator Taylor objected for purposes of
discussion. Senator Taylor removed his objection and Section 1 of
the House version was adopted.
Mr. Chenoweth explained Section 5 of the Senate version of SB 54
which does not have a parallel section in the House version.
Representative Porter suggested that a laundry list of offenses be
arrived at first. Senator Taylor reviewed the committee's options
regarding the disclosure portion of SB 54. Sections 5, 8, and 9 of
CSSB 54(FIN) and Sections 14, 17, and 17 of HCS CSSB 54(FIN) am H
were held in order to request the powers of free conference.
Number 385
After discussing the remaining portions of both versions of the
bill, the committee was informed of the Senate version's effective
date being out of date by a year. Senator Taylor moved to adopt
Section 22 of the House version, HCS CSSB 54(FIN) am H. There
being no objection, it was so ordered. More discussion ensued
regarding the powers of the Conference Committee.
Representative Porter reviewed which sections were adopted, deleted
and held. Senator Taylor noted that the House and the Senate
concurred upon requesting powers of free conference on the list
agreed upon in this committee.
There being no further business before the committee, the meeting
adjourned at 5:31 p.m.
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