71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to B-Eng. HB 2918
 
LC 3447/HB 2918-B16
 
                      SENATE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 2918
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             July 4
 
  On page 1 of the printed B-engrossed bill, line 3, after '
138.081' insert ', 138.255' and delete '164.367,'.
  In line 4, delete the second 'and' and after '1999 ' insert ';
appropriating money; and declaring an emergency'.
  On page 3, line 18, delete 'in a case involving a misdemeanor'.
  Delete lines 32 through 45 and insert:
  ' (2) Notwithstanding subsection (1) of this section, when the
state chooses to appeal from an order listed in paragraph (a) or
(b) of this subsection, the state shall take the appeal from the
circuit court to the Supreme Court if the defendant is charged
with murder or aggravated murder. The orders to which this
subsection applies are:
  ' (a) An order made prior to trial suppressing evidence; and
  ' (b) An order made prior to trial dismissing or setting aside
the accusatory instrument.
  ' (3) In an appeal by the state under subsection (2) of this
section, the Supreme Court shall issue its decision no later than
one year after the date of oral argument or, if the appeal is not
orally argued, the date that the State Court Administrator
delivers the briefs to the Supreme Court for decision. Failure of
the Supreme Court to issue a decision within one year is not a
ground for dismissal of the appeal.
  '  { +  SECTION 4a. + }  { + Section 4b of this 2001 Act is
added to and made a part of ORS 138.010 to 138.310. + }
  '  { +  SECTION 4b. + }  { + (1) When a defendant is charged
with a felony and is in custody pending an appeal under ORS
138.060 (1)(a) or (c), the Court of Appeals and the Supreme Court
shall decide the appeal within the time limits prescribed by this
section.
  ' (2)(a) Pursuant to rules adopted by the Court of Appeals, the
Court of Appeals shall ensure that the appeal is fully briefed no
later than 90 days after the date the transcript is settled under
ORS 19.370.
  ' (b) Notwithstanding paragraph (a) of this subsection, the
Court of Appeals may allow more than 90 days after the transcript
is settled to fully brief the appeal if it determines that the
ends of justice served by allowing more time outweigh the best
interests of the public, the parties and the victim of the crime.
  ' (3) The Court of Appeals shall decide the appeal no later
than 180 days after the date of oral argument or, if the appeal
is not orally argued, the date that the State Court Administrator
delivers the briefs to the Court of Appeals for decision. Any
reasonable period of delay incurred by the Court of Appeals on
its own motion or at the request of one of the parties is
excluded from the 180-day period within which the Court of
Appeals is required to issue a decision if the Court of Appeals
determines that the ends of justice served by a decision on a
later date outweigh the best interests of the public, the parties
and the victim of the crime.
 
  ' (4)(a) In determining whether to allow more than 90 days
after the transcript is settled to fully brief the appeal or more
than 180 days after oral argument or delivery of the briefs to
decide the appeal, the Court of Appeals shall consider whether:
  ' (A) The appeal is unusually complex or presents novel
questions of law so that the prescribed time limit is
unreasonable; and
  ' (B) The failure to extend the time limit would likely result
in a miscarriage of justice.
  ' (b) If the Court of Appeals decides to allow additional time
to fully brief the appeal or to decide the appeal, the Court of
Appeals shall state the reasons for doing so in writing and shall
serve a copy of the writing on the parties.
  ' (5) If the Supreme Court allows review of a decision of the
Court of Appeals on an appeal described in subsection (1) of this
section, the Supreme Court shall issue its decision on review no
later than 180 days after the date of oral argument or, if the
review is not orally argued, the date the State Court
Administrator delivers the briefs to the Supreme Court for
decision. Any reasonable period of delay incurred by the Supreme
Court on its own motion or at the request of one of the parties
is excluded from the 180-day period within which the Supreme
Court is required to issue a decision if the Supreme Court
determines that the ends of justice served by a decision on a
later date outweigh the best interests of the public, the parties
and the victim of the crime.
  ' (6)(a) In determining whether to allow more than 180 days
after oral argument or delivery of the briefs to decide the
review, the Supreme Court shall consider whether:
  ' (A) The review is unusually complex or presents novel
questions of law so that the prescribed time limit is
unreasonable; and
  ' (B) The failure to extend the time limit would likely result
in a miscarriage of justice.
  ' (b) If the Supreme Court decides to allow additional time to
decide the review, the Supreme Court shall state the reasons for
doing so in writing and shall serve a copy of the writing on the
parties.
  ' (7) Failure of the Court of Appeals or the Supreme Court to
decide an appeal or review within the time limits prescribed in
this section is not a ground for dismissal of the appeal or
review.
  ' (8) Any delay sought or acquiesced in by the defendant does
not count against the state with respect to any statutory or
constitutional right of the defendant to a speedy trial. + }
  '  { +  SECTION 4c. + } ORS 138.255 is amended to read:
  ' 138.255.  { + (1) + } An appeal to the Court of Appeals may
be certified to the Supreme Court, and the Supreme Court may
accept or deny acceptance of the certified appeal, as provided in
ORS 19.405.
  '  { +  (2) At any time before the State Court Administrator
sends notice to the parties of the date of oral argument or, if
the case is not orally argued, the date that the State Court
Administrator delivers the briefs to the Court of Appeals for
decision, a party may request the Supreme Court to take and
decide an appeal taken by the state under ORS 138.060 (1). In
determining whether to accept an appeal under this subsection,
the Supreme Court shall consider, in addition to other factors
that the Supreme Court deems appropriate:
  ' (a) Whether the defendant is charged with a Class A felony
listed under ORS 137.700 or 137.707;
  ' (b) The extent to which the case presents speedy trial
concerns; and
  ' (c) The extent to which the case presents a significant issue
of law. + } ' .
  On page 4, delete lines 1 through 8.
  On page 6, line 14, delete '(3)(a)' and insert '(2)(a)'.
  On page 8, line 42, delete '(3)(a)' and insert '(2)(a)'.
  On page 9, line 24, delete '(3)(a)' and insert '(2)(a)'.
  On page 13, delete lines 36 through 42 and insert:
  '  { +  NOTE: + } Section 15 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 15, after line 35, insert:
  '  { +  SECTION 21. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Emergency
Board, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $33,545 for allocation to the
Department of Corrections, after the April 2002 prison population
forecast, for population management issues resulting from
implementation of the amendments to ORS 163.547, 165.800 and
475.996 by sections 3, 9 and 11 of this 2001 Act. Any moneys that
remain unallocated and unobligated by the Emergency Board on
November 1, 2002, become available for any purpose for which the
Emergency Board lawfully may allocate funds. + }
  '  { +  SECTION 22. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Corrections, for the biennium beginning July 1, 2001, out of
the General Fund, the amount of $27,459, which may be expended to
cover additional community corrections costs incurred as a result
of the implementation of the amendments to ORS 163.547, 165.800
and 475.996 by sections 3, 9 and 11 of this 2001 Act. + }
  '  { +  SECTION 23. + }  { + As used in sections 23 to 31 of
this 2001 Act:
  ' (1) 'Domestic violence' has the meaning given that term in
ORS 135.230; and
  ' (2) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305. + }
  '  { +  SECTION 24. + }  { + There is established in the State
Treasury, separate and distinct from the General Fund, the Oregon
Domestic and Sexual Violence Services Fund. All moneys in the
fund are continuously appropriated to the Department of Justice
and shall be used by the department to carry out a program of
domestic and sexual violence services that:
  ' (1) Provides safety for and assists victims of domestic
violence and sexual assault, promotes effective intervention and
reduces the incidence of domestic violence and sexual assault;
  ' (2) Advocates for victims and for domestic violence and
sexual assault services; and
  ' (3) Promotes and facilitates interagency and
interdepartmental cooperation among state agencies, including the
Department of Human Services and the Department of State Police,
and among different levels of government in this state in the
delivery and funding of services. + }
  '  { +  SECTION 25. + }  { + (1) If sufficient funds are
available in the Oregon Domestic and Sexual Violence Services
Fund, the Attorney General or the Attorney General's designee may
make grants from the fund to carry out the plan developed under
section 26 of this 2001 Act.
  ' (2) The Attorney General may hire staff necessary to
accomplish the purposes of the plan developed under section 26 of
this 2001 Act.
  ' (3) In accordance with ORS 183.310 to 183.550, the Attorney
General shall adopt rules necessary to carry out the provisions
of sections 23 to 31 of this 2001 Act. + }
  '  { +  SECTION 26. + }  { + (1) Prior to January 1, 2002, the
Department of Justice shall develop a plan for the allocation of
funds that are appropriated under section 32 of this 2001 Act in
collaboration with:
  ' (a) The Department of Human Services;
  ' (b) The Department of State Police;
  ' (c) The Oregon Coalition Against Domestic and Sexual
Violence;
  ' (d) The Governor's Council on Domestic Violence;
  ' (e) The Attorney General's Sexual Assault Task Force;
  ' (f) Victims of domestic and sexual violence;
  ' (g) Representatives of county governments and county human
services departments;
  ' (h) Representatives of local domestic violence councils;
  ' (i) Representatives of domestic violence victim services
providers or advocacy organizations; and
  ' (j) Other interested organizations.
  ' (2) The plan developed under subsection (1) of this section
shall:
  ' (a) Set the criteria, procedures and timelines for allocation
of funds;
  ' (b) Establish uniform systems for reporting requirements,
collecting statistical data and reporting measurable outcomes for
programs that receive funding;
  ' (c) Set guidelines for the planning, coordination and
delivery of services by programs that receive funding;
  ' (d) Provide a process whereby the Department of Justice may
review all findings from data collected from programs that
receive funding. If the department conducts a review, the
department shall use the information to develop future economic
resources and services and to coordinate services; and
  ' (e) Further the purposes set forth in section 24 of this 2001
Act. + }
  '  { +  SECTION 27. + }  { + To the extent that funds are
available, the Department of Justice may:
  ' (1) Pursue centralized training, technical assistance, policy
development and implementation;
  ' (2) Conduct statewide community outreach and public
education;
  ' (3) Develop innovative projects based on demonstrated
effectiveness that address domestic and sexual violence;
  ' (4) Provide information and policy advice based on current
research and demonstrated effectiveness in Oregon and other
states, including successful local strategies; and
  ' (5) Compile, analyze and distribute materials to inform and
support statewide coordinated planning. + }
  '  { +  SECTION 28. + }  { + In administering the Oregon
Domestic and Sexual Violence Services Fund, the Department of
Justice shall:
  ' (1) Expend no less than 15 percent of moneys distributed
under the plan on sexual assault services; and
  ' (2) Expend no more than five percent of the moneys
distributed under the plan on administrative costs. + }
  '  { +  SECTION 29. + }  { + The Department of Justice, in
developing the plan under section 26 of this 2001 Act, shall
consider ways to:
  ' (1) Balance funding for intervention, infrastructure and
prevention services;
  ' (2) Prioritize services;
  ' (3) Utilize local community plans reflecting local program
service needs;
  ' (4) Establish programs and services for victims of both
domestic violence and sexual assault;
  ' (5) Establish programs that are culturally specific; and
  ' (6) Ensure that there is a coordinated community response to
domestic violence and sexual assault and, to the extent
practicable, ensure that domestic violence and sexual assault
services are coordinated with other community services. + }
  '  { +  SECTION 30. + }  { + (1) After development of the plan
described in section 26 of this 2001 Act and presentation of the
plan to the appropriate interim legislative committee as required
in section 31 of this 2001 Act, there is created an advisory
council that shall consist of at least 15, but not more than 20,
members. The council shall advise the Department of Justice on
the administration of the policies and practices of the domestic
and sexual violence services program. Members shall be appointed
by and serve at the pleasure of the Attorney General. Membership
in the council shall:
  ' (a) Accurately reflect the diversity of the population in
Oregon as well as the diversity of individuals needing services;
  ' (b) Be composed of both lay and professionally trained
individuals with expertise in domestic violence and sexual
assault services;
  ' (c) Include representatives of other state agencies providing
services;
  ' (d) Include representatives of professional, civil or other
public or private organizations;
  ' (e) Include private citizens interested in service programs;
and
  ' (f) Include recipients of assistance or services or their
representatives.
  ' (2) Members of the advisory council may not receive
compensation for their services. Members of the advisory council
other than members employed in full-time public service shall be
reimbursed by the Department of Justice for their actual and
necessary expenses incurred in the performance of their duties.
The reimbursement shall be subject to the provisions of ORS
292.210 to 292.288. Members of the advisory council who are
employed in full-time public service may be reimbursed by their
employing agencies for their actual and necessary expenses
incurred in the performance of their duties. + }
  '  { +  SECTION 31. + }  { + The Department of Justice shall
present the plan that is developed under section 26 of this 2001
Act to the appropriate legislative interim committees with
oversight of domestic and sexual violence services programs and
issues of domestic and sexual violence. + }
  '  { +  SECTION 32. + }  { + There is appropriated to the
Department of Justice, for the biennium beginning July 1, 2001,
out of the General Fund, the amount of $2,500,000 for the purpose
of carrying out sections 23 to 31 of this 2001 Act. + }
  '  { +  SECTION 33. + }  { + Sections 4a, 4b, 19, 20, 21 and 22
of this 2001 Act and the amendments to statutes by sections 1 to
4, 4c, 5 to 14 and 16 to 18 of this 2001 Act become operative on
January 1, 2002. + }
  '  { +  SECTION 34. + }  { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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