Chapter 358 Oregon Laws 2003

AN ACT

SB 123

Relating to alternate jurors; creating new provisions; and amending ORS 136.260.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 136.260 is amended to read:

136.260. (1)(a) In the trial of a person charged with a [felony] crime, the court may in its discretion, after the jury is impaneled and sworn, direct the calling of [one to six] additional jurors, to be known as “alternate jurors.” [Such jurors shall] The court may call:

(A) One to six additional jurors if the person is charged with a felony; and

(B) One to three additional jurors if the person is charged with a misdemeanor.

(b) Jurors called under paragraph (a) of this subsection:

(A) Must be drawn from the same source and in the same manner and [shall] must have the same qualifications as other jurors in the case. [They shall be]

(B) Are subject to the same examination and may be challenged in the same manner as other jurors.

(c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which [such] the jurors shall serve as alternates [shall] must be excluded from the names from which [such] the drawing is made.

(2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:

(a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.

(b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.

(c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.

(3) The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by statute [shall] may not be used against an alternate juror.

SECTION 2. The amendments to ORS 136.260 by section 1 of this 2003 Act apply only to juries impaneled on or after the effective date of this 2003 Act.

Approved by the Governor June 13, 2003

Filed in the office of Secretary of State June 13, 2003

Effective date January 1, 2004

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