72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2115
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for the Department of Justice)
CHAPTER ................
AN ACT
Relating to criminal procedure; amending ORS 136.295, 161.309 and
163.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.135 is amended to read:
163.135. (1) It is an affirmative defense to murder for
purposes of ORS 163.115 (1)(a) that the homicide was committed
under the influence of extreme emotional disturbance { - when
such - } { + if the + } disturbance is not the result of the
person's own intentional, knowing, reckless or criminally
negligent act { - , - } and
{ - for which disturbance - } { + if + } there is a
reasonable explanation { + for the disturbance + }. The
reasonableness of the explanation for the disturbance
{ - shall - } { + must + } be determined from the standpoint
of an ordinary person in the actor's situation under the
circumstances
{ - as - } { + that + } the actor reasonably
{ - believes - } { + believed + } them to be. Extreme
emotional disturbance does not constitute a defense to a
prosecution for, or preclude a conviction of, manslaughter in the
first degree or any other crime.
(2) The defendant { - shall - } { + may + } not introduce
in the defendant's case in chief expert testimony regarding
extreme
{ - mental or - } emotional disturbance under this section
unless the defendant gives notice of the defendant's intent to do
so.
(3) The notice required { - shall - } { + must + } be in
writing and
{ - shall - } { + must + } be filed at the time the defendant
pleads not guilty. The defendant may file { - such - } { +
the + } notice at any time after the defendant pleads but before
trial { - when - } { + if the court determines that there
was + } just cause for failure to file the notice at the time of
the defendant's plea { - is made to appear to the satisfaction
of the court - } .
(4) If the defendant fails to file notice { + , + } the
defendant
{ - shall not be entitled to - } { + may not + } introduce
evidence for the purpose of proving extreme { - mental or - }
Enrolled House Bill 2115 (HB 2115-A) Page 1
emotional disturbance under ORS 163.115 unless the court, in its
discretion, { - permits such evidence to be introduced
where - } { + determines that there was + } just cause for
failure to file notice { - is made to appear - } .
(5) After the defendant files notice as provided in this
section, the state { - shall have the right to - } { +
may + } have at least one psychiatrist { + or licensed
psychologist + } of its selection examine the defendant in the
same manner and subject to the same provisions as provided in ORS
161.315.
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
Enrolled House Bill 2115 (HB 2115-A) Page 2
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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Passed by House April 7, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2003
...........................................................
President of Senate
Enrolled House Bill 2115 (HB 2115-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2115 (HB 2115-A) Page 4