Chapter 528 Oregon Laws 2003

AN ACT

HB 2733

Relating to violations; amending ORS 153.036.

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

SECTION 1. ORS 153.036 is amended to read:

153.036. (1) A violation proceeding [in circuit court or justice court] may be commenced in:

(a) The county in which the violation was committed; or

(b) Any other county whose county seat is a shorter distance by road from the place where the violation was committed than is the county seat of the county in which the violation was committed.

(2)(a) If a violation proceeding is commenced in the county in which the violation was committed, the proceeding may be commenced in a circuit or justice court of the county or, if the violation was committed within a city, in the municipal court.[the proceeding may be commenced in a circuit court or, notwithstanding the provisions of ORS 51.050 and 221.339 that limit the jurisdiction of justice courts to offenses committed within the county and of city courts to offenses committed within the jurisdictional authority of the city, in a justice or municipal court.]

(b) If a violation proceeding is commenced in a county other than the county in which the violation was committed, the proceeding may be commenced:

(A) In a circuit court;

(B) Notwithstanding the provisions of ORS 51.050 that limit the jurisdiction of justice courts to offenses committed within the county, in a justice court; or

(C) If the violation was committed within a city, in the municipal court of the city.

[(2)] (3)(a) Except as otherwise provided in paragraph (b) of this subsection, if a violation proceeding is commenced in a county other than the county in which the violation was committed, at the request of the defendant the place of trial may be changed to the county in which the violation was committed. A request for a change of the place of trial shall be made prior to the date set for the trial and shall be governed by the provisions of ORS 131.305 to 131.415 relating to change of venue.

(b) A defendant may not request that the place of trial be changed if the violation was committed within a city and the proceeding is commenced in the municipal court of the city.

[(3)] (4) Except as specifically provided in this section, venue in violation proceedings in circuit courts is governed by ORS 131.305 to 131.415.

Approved by the Governor July 1, 2003

Filed in the office of Secretary of State July 1, 2003

Effective date January 1, 2004

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