June 10, 2005 The 2005 session of the Oregon Legislature is drawing to a close. The House Speaker has set Saturday sessions on June 18 and 25, a signal that the end is in sight. The House and Senate have not yet agreed on several key budgets, including the amount for K-12 schools for the next two years. Some major proposals remain unresolved, including civil unions, a Measure 37 fix, and authority to buy PGE. But it's becoming increasingly likely that these bills will die as the final gavel falls. This report will tell you some of what's happening. - Representative Greg Macpherson House Debates Civil Forfeitures Proposal Would Undo Measure 3 from 2000 In 2000 Oregonians voted by a wide margin to restrict the power of law enforcement to seize property. Ballot Measure 3 limited a process, known as civil forfeiture, by which police seized property on the ground that it constituted proceeds or an instrumentality of a crime. Today the Oregon House voted on legislation to loosen those restrictions. As a member of the House Judiciary Committee that considered the legislation, I joined in the debate. Before 2000 Oregon law enforcement agencies used civil forfeiture extensively. The process required police only to have "probable cause to believe" that the property constituted proceeds or an instrumentality of a crime. To avoid the forfeiture, the property owner had the burden of proving that the property was not crime- connected. The owner did not have to be convicted of the crime. In fact, in many cases the owner was never prosecuted. Before 2000 civil forfeiture served as an alternative means of punishing criminals, particularly drug dealers. And the seized property was used to subsidize the operation of law enforcement agencies. That all changed with the passage of Measure 3 in 2000. The measure provided that property could not be forfeited unless the owner is convicted of a crime. It placed on law enforcement the burden of proving that the property is connected to the crime. And it required that funds derived from civil forfeiture be spent on drug treatment rather than law enforcement. Oregon voters passed Measure 3 by a two-to-one margin. Since its passage in 2000, civil forfeiture has nearly disappeared in Oregon. But it may be coming back. A lawsuit now pending in the Oregon Supreme Court has challenged Measure 3 on the ground that it contained multiple subjects, each of which should have been voted on separately. The Court of Appeals held that the challenge is valid. Measure 3 will survive only if the Supreme Court disagrees with that holding. Anticipating that Measure 3 will be thrown out, House Bill 3457 would significantly loosen the restrictions on civil forfeiture. Under the bill, conviction of a crime would no longer be required. If the forfeited property is real estate, law enforcement would have to prove its connection to a crime by clear and convincing evidence. To seize property other than real estate, such as cash or automobiles, police would only need probable cause, the same as before 2000. The bill would allow 62.5 percent of civil forfeiture proceeds to be used by law enforcement agencies, but not for the payroll of the agency that seized it. The remaining 37.5 percent of the forfeited property would be allocated to drug treatment and related programs. Supporters of House Bill 3457 argue that public attitudes have changed since Measure 3. They say the property seized by civil forfeiture can help fund the crackdown on meth labs and dealers. Meth certainly has captured the attention of the public. I served as one of four legislators who developed a bipartisan package of legislation to cope with the meth epidemic. But I am not convinced that the public view of civil forfeiture has changed. When I discuss this issue with constituents, I find that most people still believe an owner of property should be convicted of a crime before the property is forfeited. Despite my no vote, House Bill 3457 passed the House by 39 to 18. The bill now goes to the Senate. Legislation Closes Sex Offender Loophole Rep. Macpherson Carries Bill on House Floor As a member of the Criminal Law Subcommittee of the House Judiciary Committee, Rep. Macpherson works on a range of bills aimed at improving the public safety of Oregonians. This week he carried Senate Bill 203 on the floor of the House to close a loophole in the statute of limitations for sex offenses committed against minors. He delivered the following floor speech: "We have statutes of limitations for crimes in order to make sure we are prosecuting the right person. Over time, memories fade and evidence disappears. Generally the statute runs out a certain number of years after the crime is committed. "Senate Bill 203 deals with the statute of limitations for sex offenses committed against children. For felony sex offenses where the victim is under age 18, current law provides that the statute runs out at the earlier of the victim turning age 24 or 6 years after the date the offense is reported to 'a law enforcement agency or other governmental agency'. Current law is the same for misdemeanor sex offenses against such a victim, except it's age 22 and 4 years after reporting. "Senate Bill 203 solves a problem that came up in an Oregon Court of Appeals case last year. A victim reported to a substitute teacher that she had been sodomized at age 6. She reported the offense again at age 14 and the offender was then prosecuted. "He beat the wrap, arguing that the previous report started the running of the 6-year statute. The Court of Appeals held that making the report to a substitute teacher, who is subject to mandatory child abuse reporting, was a report to a 'governmental agency.' "Substitute teachers are capable people, trained to educate. I'm sure they take their child abuse reporting obligation seriously. But informing them of child abuse is not the same as telling police or a DHS caseworker. "Senate Bill 203 changes 'other governmental agency' to 'the Department of Human Services' As a result, the statute of limitations on a sex offense against a minor will not start to run until the offense is reported to law enforcement or DHS. "Please join me in supporting this change to keep our children safer." Next Coffee Gathering Join Rep. Macpherson on Sunday, June 19