Chapter 19 Oregon Laws 2001

AN ACT

SB 74

Relating to consequences for failure to appear; amending ORS 132.320 and 153.070; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 132.320 is amended to read:

132.320. (1) Except as provided in subsections (2) to [(5)] (6) of this section, in the investigation of a charge for the purpose of indictment, the grand jury shall receive no other evidence than such as might be given on the trial of the person charged with the crime in question.

(2) A report or a copy of a report made by a physicist, chemist, medical examiner, physician, firearms identification expert, examiner of questioned documents, fingerprint technician, or an expert or technician in some comparable scientific or professional field, concerning the results of an examination, comparison or test performed by such person in connection with a case which is the subject of a grand jury proceeding, shall, when certified by such person as a report made by such person or as a true copy thereof, be received in evidence in the grand jury proceeding.

(3) An affidavit of a witness who is unable to appear before the grand jury shall be received in evidence in the grand jury proceeding if, upon application by the district attorney, the presiding judge for the judicial district in which the grand jury is sitting authorizes such receipt after good cause has been shown for the witness' inability to appear. An affidavit taken in another state or territory of the United States, the District of Columbia or in a foreign country must be authenticated as provided in ORS 194.505 to 194.575 before it can be used in this state.

(4) A grand jury that is investigating a charge of criminal driving while suspended or revoked under ORS 811.182 may receive in evidence an affidavit of a peace officer with a report or copy of a report of the peace officer concerning the peace officer's investigation of the violation of ORS 811.182 by the defendant.

(5) A grand jury may receive testimony of a witness by means of simultaneous television transmission allowing the grand jury and district attorney to observe and communicate with the witness and the witness to observe and communicate with the grand jury and the district attorney.

(6) A grand jury that is investigating a charge of failure to appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive in evidence an affidavit of a court employee certifying that the defendant failed to appear as required by law and setting forth facts sufficient to support that conclusion.

[(6)] (7) The grand jury is not bound to hear evidence for the defendant, but it shall weigh all the evidence submitted to it; and when it believes that other evidence within its reach will explain away the charge, it should order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.

[(7)] (8) A grand jury that is investigating a charge of driving while under the influence of intoxicants in violation of ORS 813.010 may receive in evidence an affidavit of a peace officer regarding any or all of the following:

(a) Whether the defendant was driving.

(b) Whether the defendant took or refused to take tests under any provision of ORS chapter 813.

(d) The officer's observations of physical or mental impairment of the defendant.

SECTION 2. ORS 153.070 is amended to read:

153.070. (1) The court may require that a trial be held in any violation proceeding.

(2)(a) Unless a plea of guilty or no contest is entered, a trial must be scheduled for a violation if conviction of the violation would result in the revocation or suspension of the defendant's driving privileges.

(b) Notwithstanding paragraph (a) of this subsection, the court is not required to schedule a trial if the defendant fails to appear on a citation for a traffic offense and the suspension of the defendant's driving privileges is pursuant to ORS 809.220.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor April 4, 2001

Filed in the office of Secretary of State April 4, 2001

Effective date July 1, 2001

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