71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2355
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)
CHAPTER ................
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. { + (1) + } 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.
{ + (2) When the court modifies or sets aside an order of
jurisdiction based on a petition alleging that a youth offender
has committed an act that would constitute a sex crime, as
defined in ORS 181.594, if committed by an adult, the court shall
make written findings stating the reason for modifying or setting
aside the order. + }
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.
Enrolled House Bill 2355 (HB 2355-C) Page 1
(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. + }
Enrolled House Bill 2355 (HB 2355-C) Page 2
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) 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. { + When
the court directs the amendment of a petition alleging that a
youth has committed an act that would constitute a sex crime, as
defined in ORS 181.594, if committed by an adult, the court shall
make written findings stating the reason for directing 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. { + When the court sets aside or
dismisses a petition alleging that a youth has committed an act
that would constitute a sex crime, as defined in ORS 181.594, if
committed by an adult, the court shall make written findings
stating the reason for setting aside or dismissing the
petition. + }
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Passed by House February 23, 2001
Repassed by House June 30, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 28, 2001
...........................................................
President of Senate
Enrolled House Bill 2355 (HB 2355-C) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 2355 (HB 2355-C) Page 4