72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2115
 
LC 914/HB 2115-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2115
 
                    By COMMITTEE ON JUDICIARY
 
                            March 31
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and insert 'amending ORS
136.295, 161.309 and 163.135.'.
  Delete lines 28 through 30 and delete page 2 and insert:
  '  { +  SECTION 2. + } ORS 161.309 is amended to read:
  ' 161.309. (1) No evidence may be introduced by the defendant
on the issue of insanity under ORS 161.295, unless the defendant
gives notice of intent to do so in the manner provided in
subsection (3) of this section.
  ' (2) The defendant may not introduce in the case in chief
expert testimony regarding partial responsibility  { + or
diminished capacity + } under ORS 161.300 unless the defendant
gives notice of intent to do so in the manner provided in
subsection (3) of this section.
  ' (3) A defendant who is required under subsection (1) or (2)
of this section to give notice shall file a written notice of
purpose at the time the defendant pleads not guilty. The
defendant may file such notice at any time after the plea but
before trial when just cause for failure to file the notice at
the time of making the plea is made to appear to the satisfaction
of the court. If the defendant fails to file notice, the
defendant shall not be entitled to introduce evidence for the
establishment of a defense under ORS 161.295 or 161.300 unless
the court, in its discretion, permits such evidence to be
introduced where just cause for failure to file the notice is
made to appear.
  '  { +  SECTION 3. + } ORS 136.295 is amended to read:
  ' 136.295. (1) ORS 136.290 does not apply to persons charged
with crimes which are not releasable offenses under ORS 135.240
or to persons charged with conspiracy to commit murder, or
charged with attempted murder, or to prisoners serving sentences
resulting from prior convictions.
  ' (2) If the defendant is extradited from another jurisdiction,
the 60-day period shall not commence until the defendant enters
the State of Oregon, provided that law enforcement authorities
from the other jurisdiction and this state have conducted the
extradition with all practicable speed. The original 60-day
period shall not be extended more than an additional 60 days,
except where delay has been caused by the defendant in opposing
the extradition.
  ' (3) Any reasonable delay resulting from examination or
hearing regarding the defendant's mental condition or competency
to stand trial, or resulting from other motion or appeal by the
defendant, shall not be included in the 60-day period.
  ' (4)(a) If a victim or witness to the crime in question is
unable to testify within the original 60-day period because of
injuries received at the time the alleged crime was committed or
upon a showing of good cause, the court may order an extension of
custody and postponement of the date of the trial of not more
than 60 additional days. The court, for the same reason, may
order a second extension of custody and postponement of the date
of the trial of not more than 60 days, but in no event shall the
defendant be held in custody before trial for more than a total
of 180 days. A court may grant an extension based upon good cause
as described in paragraph (b)(C), (D) or (E) of this subsection
only if requested by the defendant or defense counsel or by the
court on its own motion.
  ' (b) As used in this subsection, 'good cause' means situations
in which:
  ' (A) The court failed to comply with ORS 136.145 and the
victim is unable to attend the trial;
  ' (B) The victim or an essential witness for either the state
or the defense is unable to testify at the trial because of
circumstances beyond the control of the victim or witness;
  ' (C) The attorney for the defendant cannot reasonably be
expected to try the case within the 60-day period;
  ' (D) The attorney for the defendant has recently been
appointed and cannot be ready to try the case within the 60-day
period;
  ' (E) The attorney for the defendant is unable to try the case
within the 60-day period because of conflicting schedules;
  ' (F) Scientific evidence is necessary and because of the
complexity of the procedures it would be unreasonable to have the
procedures completed within the 60-day period;
  ' (G) The defendant has filed notice under ORS 161.309 of the
defendant's intention to rely upon a defense of
insanity { + , + }   { - or - } partial responsibility { +  or
diminished capacity + }; or
  ' (H) The defendant has filed any notice of an affirmative
defense within the last 20 days of the 60-day period.
  ' (5) Any period following defendant's arrest in which the
defendant is not actually in custody shall not be included in the
60-day computation.'.
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