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 1177
 
                         Senate Bill 74
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
  Allows grand jury to receive affidavit of court employee in
evidence when investigating charge of failure to appear. Provides
exception to requirement that trial must be scheduled for
violation if conviction would result in suspension of driving
privileges.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to consequences for failure to appear; amending ORS
  132.320 and 153.070; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 132.320 is amended to read:
  132.320. (1) Except as provided in subsections (2) to
 { - (5) - }  { +  (6) + } of this section, in the investigation
of a charge for the purpose of indictment, the grand jury shall
receive no other evidence than such as might be given on the
trial of the person charged with the crime in question.
  (2) A report or a copy of a report made by a physicist,
chemist, medical examiner, physician, firearms identification
expert, examiner of questioned documents, fingerprint technician,
or an expert or technician in some comparable scientific or
professional field, concerning the results of an examination,
comparison or test performed by such person in connection with a
case which is the subject of a grand jury proceeding, shall, when
certified by such person as a report made by such person or as a
true copy thereof, be received in evidence in the grand jury
proceeding.
  (3) An affidavit of a witness who is unable to appear before
the grand jury shall be received in evidence in the grand jury
proceeding if, upon application by the district attorney, the
presiding judge for the judicial district in which the grand jury
is sitting authorizes such receipt after good cause has been
shown for the witness' inability to appear. An affidavit taken in
another state or territory of the United States, the District of
Columbia or in a foreign country must be authenticated as
provided in ORS 194.505 to 194.575 before it can be used in this
state.
  (4) A grand jury that is investigating a charge of criminal
driving while suspended or revoked under ORS 811.182 may receive
in evidence an affidavit of a peace officer with a report or copy
of a report of the peace officer concerning the peace officer's
investigation of the violation of ORS 811.182 by the defendant.
  (5) A grand jury may receive testimony of a witness by means of
simultaneous television transmission allowing the grand jury and
district attorney to observe and communicate with the witness and
the witness to observe and communicate with the grand jury and
the district attorney.
   { +  (6) A grand jury that is investigating a charge of
failure to appear under ORS 133.076, 153.992, 162.195 or 162.205
may receive in evidence an affidavit of a court employee
certifying that the defendant failed to appear as required by law
and setting forth facts sufficient to support that
conclusion. + }
    { - (6) - }  { +  (7) + } The grand jury is not bound to hear
evidence for the defendant, but it shall weigh all the evidence
submitted to it; and when it believes that other evidence within
its reach will explain away the charge, it should order such
evidence to be produced, and for that purpose may require the
district attorney to issue process for the witnesses.
    { - (7) - }  { +  (8) + } A grand jury that is investigating
a charge of driving while under the influence of intoxicants in
violation of ORS 813.010 may receive in evidence an affidavit of
a peace officer regarding any or all of the following:
  (a) Whether the defendant was driving.
  (b) Whether the defendant took or refused to take tests under
any provision of ORS chapter 813.
  (c) The administration of tests under any provision of ORS
chapter 813 and the results of such tests.
  (d) The officer's observations of physical or mental impairment
of the defendant.
  SECTION 2. ORS 153.070 is amended to read:
  153.070. (1) The court may require that a trial be held in any
violation proceeding.
  (2) { + (a) + } Unless a plea of guilty or no contest is
entered, a trial must be scheduled for a violation if conviction
of the violation would result in the revocation or suspension of
the defendant's driving privileges.
   { +  (b) Notwithstanding paragraph (a) of this subsection, the
court is not required to schedule a trial if the defendant fails
to appear on a citation for a traffic offense and the suspension
of the defendant's driving privileges is pursuant to ORS
809.220. + }
  SECTION 3.  { + 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 July 1,
2001. + }
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