71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2337
 
LC 1182/HB 2337-A3
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2337
 
                    By COMMITTEE ON JUDICIARY
 
                             May 22
 
  On page 1 of the printed A-engrossed bill, delete lines 14
through 25 and insert:
  ' (c) If the defendant wishes to waive counsel, the court shall
determine whether the defendant has made a knowing and voluntary
waiver of counsel. The court shall accept the waiver of counsel
if the defendant is not charged with a capital offense.  The
court may decline to accept the waiver of counsel if the
defendant is charged with a capital offense.'.
  On page 2, delete lines 1 and 2.
  In line 3, delete '(e)' and insert '(d)'.
  Delete lines 11 through 27 and insert:
  '  { +  SECTION 2. + } (1) If the defendant wishes to waive
counsel in the appeal of a criminal action to the Court of
Appeals or on review of a criminal action by the Supreme Court,
the court shall determine whether the defendant has made a
knowing and voluntary waiver of counsel. The court shall accept
the waiver of counsel if the defendant is not charged with a
capital offense. The court may decline to accept the waiver of
counsel if the defendant is charged with a capital offense.'.
  In line 28, delete '(4)' and insert '(2)'.
  In line 31, delete '(5)' and insert '(3)' and delete ' (2)(b)'
and insert '(1)'.
  On page 3, line 11, after '(2)' insert '(a)' and restore the
comma and delete the colon.
  In lines 12 through 15, delete the boldfaced material.
  After line 17, insert:
  ' (b) After the notice of appeal has been filed, the Court of
Appeals has concurrent authority to appoint or substitute counsel
or appoint or substitute a legal advisor for the defendant under
section 2 of this 2001 Act.
  ' (c) The Supreme Court has concurrent authority to appoint or
substitute counsel or appoint or substitute a legal advisor for
the defendant under section 2 of this 2001 Act in connection with
review of a Court of Appeals decision under ORS 2.520.'.
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