71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1182
 
                         House Bill 2337
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Judicial Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires that court determine whether request for waiver of
counsel in criminal action is made knowingly, intelligently and
voluntarily. Provides that court shall allow knowing, intelligent
and voluntary waiver in non-capital cases and may allow such
waiver in capital cases.
 
                        A BILL FOR AN ACT
Relating to representation by attorneys in criminal actions;
  amending ORS 9.320.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 9.320 is amended to read:
  9.320. { +  (1) + } Any action, suit  { - , - }  or proceeding
may be prosecuted or defended by a party in person, or by
attorney, except that the state or a corporation appears by
attorney in all cases, unless otherwise specifically provided by
 { + this section or other + } law.
   { +  (2) If a defendant requests leave to defend a criminal
action without an attorney, the court shall determine whether the
waiver of counsel is made knowingly, intelligently and
voluntarily. If the court determines that the waiver is made
knowingly, intelligently and voluntarily:
  (a) The court shall allow the defendant to waive counsel if the
defendant is not charged with a capital offense; and
  (b) The court may allow the defendant to waive counsel if the
defendant is charged with a capital offense. + }
   { +  (3) + }   { - Where - }  { +  If + } a party appears by
attorney, the written proceedings must be in the name of the
attorney, who is the sole representative of the client of the
attorney as between the client and the adverse party, except as
provided in ORS 9.310.
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