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 436
B-Engrossed
House Bill 2355
Ordered by the Senate May 30
Including House Amendments dated February 20 and Senate
Amendments
dated May 30
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Oregon Law Commission)
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.
Allows person within jurisdiction of juvenile court to seek
post-adjudication relief in juvenile proceedings. Allows person
18 years of age or older previously found to be within
jurisdiction of juvenile court to seek post-adjudication relief
within specified time period. { + Provides that court may not
direct that delinquency petition be amended unless district
attorney and juvenile department consent if petition alleges that
youth committed act that would be sex crime if committed by
adult. + }
A BILL FOR AN ACT
Relating to juvenile proceedings; creating new provisions; and
amending ORS 419C.261 and 419C.610.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419C.610 is amended to read:
419C.610. Except as provided in ORS 419C.613 { + and sections
3 and 4 of this 2001 Act + }, the court may modify or set aside
any order made by it upon such notice and with such hearing as
the court may direct.
SECTION 2. { + Sections 3 to 5 of this 2001 Act are added to
and made a part of ORS chapter 419C. + }
SECTION 3. { + (1) In addition to any other grounds upon which
a person may petition a court under ORS 419C.610, a person may
petition the court on the following grounds to set aside an order
finding the person to be within the jurisdiction of the court
under ORS 419C.005:
(a) A substantial denial in the proceedings resulting in the
person's adjudication, or in the appellate review of the
adjudication, of the person's rights under the United States
Constitution or the Oregon Constitution, or both, and the denial
rendered the adjudication void; or
(b) Unconstitutionality of the statute making criminal, if the
person were an adult, the acts for which the person was
adjudicated.
(2) When a person petitions the court on one of the grounds
listed in subsection (1) of this section:
(a) A copy of the petition shall be served on the district
attorney, who shall represent the state in the matter.
(b) The court shall decide the issues raised. The court may
receive proof by affidavits, depositions and other competent
evidence. Oral testimony may be taken by telephone or other means
approved by the court. The petitioner has the burden of proving
by a preponderance of the evidence the facts alleged in the
petition.
(c) The court shall set aside the order finding the petitioner
to be within the jurisdiction of the court if the petitioner
establishes one of the grounds set forth in subsection (1) of
this section.
(3) Either the petitioner or the state may appeal from the
court's order granting or denying a petition for relief under
this section. The manner of taking the appeal and the scope of
review are the same as provided under ORS 419A.200.
(4) Nothing in this section may be construed to limit the
original jurisdiction of the Supreme Court in habeas corpus as
provided by the Oregon Constitution. + }
SECTION 4. { + (1) The effect of a prior proceeding concerning
the adjudication of the person that is challenged in a petition
under section 3 of this 2001 Act is as follows:
(a) The failure of the petitioner to have sought appellate
review of the adjudication, or to have raised matters alleged in
the petition at the prior proceeding, does not affect the
availability of relief under section 3 of this 2001 Act. No
proceeding under section 3 of this 2001 Act may be pursued while
direct appellate review of the adjudication remains available.
(b) When the petitioner sought and obtained direct appellate
review of the adjudication, no ground for relief may be asserted
in a petition for relief under section 3 of this 2001 Act unless
the ground was not asserted and could not reasonably have been
asserted in the direct appellate review proceeding. If the
petitioner was not represented by counsel in the direct appellate
review proceeding, due to lack of funds to retain such counsel
and the failure of the court to appoint counsel for that
proceeding, any ground for relief under section 3 of this 2001
Act that was not specifically decided by the appellate court may
be asserted in the petition described in section 3 of this 2001
Act.
(2) The court may grant leave, at any time prior to entry of an
order granting or denying relief, to withdraw the petition. The
court may make appropriate orders as to the amendment of the
petition or any other pleading, as to the filing of further
pleadings, or as to extending the time of filing of any pleading
other than the original petition.
(3) All grounds for relief claimed in a petition described in
section 3 of this 2001 Act must be asserted in the original or
amended petition, and any grounds not asserted are deemed waived,
unless the court on hearing a subsequent petition finds grounds
for relief asserted therein that could not reasonably have been
raised in the original or amended petition. However, any prior
petition or amended petition that was withdrawn prior to the
entry of an order granting or denying relief by leave of the
court, as provided in subsection (2) of this section, has no
effect on the right of the petitioner to bring a subsequent
petition. + }
SECTION 5. { + If a person seeking relief under section 3 of
this 2001 Act is over 18 years of age and is no longer within the
jurisdiction of the juvenile court, the petition must be filed
within two years of the following, unless the court on hearing a
subsequent petition finds grounds for relief asserted therein
that could not reasonably have been raised in the original
petition or an amended petition:
(1) If no appeal is taken, the date the juvenile court
adjudication was entered in the register.
(2) If an appeal is taken, the date the appeal is final in the
Oregon appellate courts. + }
SECTION 6. { + A person described in section 5 of this 2001
Act whose adjudication or appeal became final before the
effective date of this 2001 Act may file a petition seeking
relief under section 3 of this 2001 Act no later than two years
after the effective date of this 2001 Act. + }
SECTION 7. ORS 419C.261 is amended to read:
419C.261. (1) { + (a) + } The court, on motion of an interested
party or on its own motion, may at any time direct that the
petition be amended. If the amendment results in a substantial
departure from the facts originally alleged, the court shall
grant such continuance as the interests of justice may require.
{ + (b) Notwithstanding paragraph (a) of this subsection, if
the petition alleges that the youth has committed an act that
would constitute a sex crime, as defined in ORS 181.594, if
committed by an adult, the court may not direct that the petition
be amended unless the district attorney and the juvenile
department consent to the amendment. + }
(2) The court may set aside or dismiss a petition filed under
ORS 419C.005 in furtherance of justice after considering the
circumstances of the youth and the interests of the state in the
adjudication of the petition.
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