71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2335
LC 1180/HB 2335-1
HOUSE AMENDMENTS TO
HOUSE BILL 2335
By COMMITTEE ON JUDICIARY
May 30
On page 1 of the printed bill, line 2, after '9.780, ' insert
'10.061, 10.215,'.
In line 3, after '113.095,' insert '136.005,'.
On page 6, after line 18, insert:
'
{ + JURY FEES + }
' { + SECTION 13. + } ORS 10.061 is amended to read:
' 10.061. (1) The fee of jurors in courts other than circuit
courts is $10 for each day's required attendance.
' { - (2) The fee of jurors in circuit courts is: - }
' { - (a) For the first two days of required attendance during
a term of service, a per diem fee equal to $10; and - }
' { - (b) For the third and subsequent days of required
attendance during a term of service, a fee equal to the number of
hours served multiplied by the minimum hourly wage established
under ORS 653.025, but in no event less than $10 per day or more
than $50 per day. - }
' { + (2)(a) The fee of jurors for the first two days of
required attendance in circuit court during a term of service is
$10 for each day's required attendance.
' (b) The fee of jurors for the third and subsequent days of
required attendance in circuit court during a term of service is
the lesser of $50 or an amount equal to the number of hours
served multiplied by the minimum hourly wage established under
ORS 653.025.
' (c) Subject to the $50 limitation imposed by paragraph (b) of
this subsection, a juror who appears for a third or subsequent
day of required attendance in circuit court must be paid for at
least four hours multiplied by the minimum hourly wage
established under ORS 653.025, and the juror must be paid for
eight hours multiplied by the minimum hourly wage established
under ORS 653.025 if attendance is required for more than four
hours. + }
' (3) Unless otherwise provided by the terms of an employment
agreement, a juror must waive the juror's fee provided for in
subsection (1) or (2) of this section if the juror is paid a wage
or salary by the juror's employer for the days that the juror is
required to attend a circuit court. The provisions of this
subsection do not affect any claim a juror may have for mileage
reimbursement under ORS 10.065.
' (4) In addition to the fees and mileage prescribed in
subsection (1) of this section and ORS 10.065 for service in a
court other than a circuit court, the governing body of a city or
county may provide by ordinance for an additional juror fee and
for city or county reimbursement of jurors for mileage and other
expenses incurred in serving as jurors in courts other than
circuit courts.
'
{ + JURY SOURCE LISTS + }
' { + SECTION 14. + } ORS 10.215 is amended to read:
' 10.215. (1) The { - clerk of court - } { + State Court
Administrator + } shall cause to be prepared at least once each
year a master jury list containing names selected at random from
the source lists. The source lists are the most recent list of
electors of the county, the records furnished by the Department
of Transportation as provided in ORS 802.260 (2) and any other
sources approved by the Chief Justice of the Supreme Court that
will furnish a fair cross section of the citizens of the county.
{ - Any source list obtained from a public or private entity and
any jury list containing names selected from a source list shall
not be used for any purpose other than the selection and
summoning of persons for service as jurors and the drawing of
names of jurors. - } { + The State Court Administrator and
circuit courts may use source lists obtained from private or
public entities, and jury lists containing names selected from a
source list, only for purposes consistent with administering the
selection and summoning of persons for service as jurors, the
drawing of names of jurors, and other tasks necessary to
accomplish those functions. Except as specifically provided by
law, the State Court Administrator and circuit courts may not
disclose source lists obtained from private or public entities,
and jury lists containing names selected from a source list, to
any other person or public entity. + }
' (2) A public entity having custody, possession or control of
any list that may be used as a source list for preparation of a
master jury list, upon written request by the { - presiding
judge or clerk of court - } { + State Court Administrator + },
shall make its list available at any reasonable time and without
charge to the { - clerk of court - } { + State Court
Administrator + } for inspection or copying. The public entity,
upon written request by the { - presiding judge or clerk of
court - } { + State Court Administrator + }, shall provide a
copy of its list for the date and in the form requested without
charge to the { - clerk of court - } { + State Court
Administrator + }. { - A public entity is any officer or agency
of the state or of any city, county, school district or other
special district in this state. - }
' (3) The number of names placed on a master jury list shall be
sufficient to meet the projected need for grand jurors and trial
jurors in the circuit court in the county, but the total number
shall not be less than two percent of the population of the
county according to the latest federal decennial census.
' (4) A master jury list shall contain the first name, the
surname, the place of residence and, if assigned, the juror
identification number of each person whose name is placed
thereon.
' (5) A master jury list shall be certified by the { - clerk
of court - } { + trial court administrator + } and placed on
file in the circuit court as soon as possible after it is
prepared.
' (6) A newly filed master jury list shall be maintained
separately from the previously filed master jury list. The
presiding judge shall designate when a newly filed master jury
list becomes effective, after which time names of persons shall
not be selected from the previously filed master jury list for a
term jury list. When a newly filed master jury list becomes
effective, all orders, records and papers prepared in connection
with the selection process based on the previously filed master
jury list shall be preserved by the { - clerk of court - }
{ + trial court administrator and State Court Administrator + }
for the period prescribed by the State Court Administrator under
ORS 8.125.
' { + (7) For the purposes of this section, 'public entity'
means any officer or agency of the state or of any city, county,
school district or other special district in this state. + }
' { + SECTION 15. + } { + Section 16 of this 2001 Act is
added to and made a part of ORS chapter 10. + }
' { + SECTION 16. + } { + (1) A person challenging a jury
panel under ORS 136.005 or ORCP 57 A who seeks jury records that
are confidential under ORS 10.215 must include a request for
access to the confidential records in the motion challenging the
jury panel. The motion and supporting affidavit must be served on
the trial court administrator and the State Court Administrator.
The request must:
' (a) Specify the purpose for which the jury records are
sought; and
' (b) Identify with particularity the relevant jury records
sought to be released including the type and time period of the
records.
' (2) The court may order release of the jury records if the
court finds that:
' (a) The jury records sought are likely to produce relevant
evidence in support of the motion; and
' (b) Production of the jury records is not unduly burdensome.
' (3) An order under subsection (2) of this section may
include, but need not be limited to:
' (a) A requirement that the moving party provide advance
payment to the trial court administrator and, if applicable, the
State Court Administrator for the reasonable costs of providing
copies of the jury records; and
' (b) Restrictions on further disclosure of the jury records
including, but not limited to:
' (A) A requirement that the moving party return all originals
and copies to the court at the conclusion of the proceeding;
' (B) A requirement that the jury records may be used only for
the purpose of supporting the jury panel challenge made in the
motion;
' (C) A prohibition against distributing the jury records to a
person who is not an agent or representative of the moving party;
and
' (D) A prohibition against contacting or attempting to contact
the persons whose names appear on the jury records without
specific authorization of the court.
' (4) The trial court administrator or the State Court
Administrator may intervene at any time as a matter of right as
to any issues relating to the release of jury records under this
section.
' (5) The procedure established by this section is the
exclusive means for compelling production of confidential jury
records as evidence in support of a challenge to a jury panel
under ORS 136.005 or ORCP 57 A. + }
' { + SECTION 17. + } ORS 136.005 is amended to read:
' 136.005. (1) The district attorney or the defendant in a
criminal action may challenge the jury panel on the ground that
there has been a material departure from the requirements of the
law governing selection of jurors { + by filing a motion with
the court supported by an affidavit alleging facts that, if true,
constitute a material departure from the requirements of the law
governing the selection of jurors. The party making the motion
shall serve the motion and supporting affidavit on the other
party, the trial court administrator and the State Court
Administrator + }.
' (2) A challenge to the panel shall be made before the voir
dire examination of the jury.
' { + (3) If the court determines that there has been a
material departure from the requirements of the law governing
selection of jurors, the court shall:
' (a) Stay the proceedings pending the selection of a jury
panel in conformity with the applicable provisions of law; and
' (b) Grant such other relief as may be appropriate.
' (4) The procedures prescribed by this section are the
exclusive means by which a district attorney or defendant may
challenge a jury panel. + } ' .
In line 22, delete '13' and insert '18'.
In line 33, delete '14' and insert '19'.
In line 36, delete '15' and insert '20'.
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