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