72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to HB 2594
 
LC 1588-1/HB 2594-1
 
                      SENATE AMENDMENTS TO
                         HOUSE BILL 2594
 
                    By COMMITTEE ON JUDICIARY
 
                             June 23
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and insert 'creating new
provisions; amending ORS 51.310, 137.295, 137.309, 153.630,
156.530, 221.342 and 221.359; and declaring an'.
  On page 6, after line 10, insert:
  '  { +  SECTION 7. + } ORS 221.342 is amended to read:
  ' 221.342. (1)   { - Except as provided in subsection (4) of
this section, - }  Any municipal court may become a court of
record by the passage of an ordinance by the governing body of
the city in which the court is located. The city shall ensure
that a court reporter  { +  or audio recording reporting
device + } is provided for each municipal court made a court of
record under this section.
  ' (2) The appeal from a judgment entered in a municipal court
that becomes a court of record under this section shall be as
provided in ORS chapter 138 for appeals from judgments of circuit
courts.
  ' (3) As a qualification for the office, a municipal judge for
any municipal court that becomes a court of record must be a
member of the Oregon State Bar.
  '  { - (4) A municipal court may not become a court of record
under the provisions of this section if the court is located
within 50 driving miles of the circuit court for the county in
which the municipal court is located, measured by the shortest
distance by public roads between the municipal court and the
circuit court. - }
  '  { +  SECTION 8. + } ORS 221.359 is amended to read:
  ' 221.359. (1) Except as provided in subsection   { - (2) - }
 { +  (3) + } of this section, whenever any person is convicted
in the municipal court of any city of any offense defined and
made punishable by any city charter or ordinance, such person
shall have the same right of appeal to the circuit court within
whose jurisdiction the city has its legal situs and maintains its
seat of city government as now obtains from a conviction from
justice courts. The appeal shall be taken and perfected in the
manner provided by law for taking appeals from justice courts,
except that in appeals taken under this section, ORS 221.360,
221.380 or 221.390:
  ' (a) The notice thereof shall be served upon the city
attorney;
  ' (b) When the notice of appeal has been filed with the court
from which the appeal is being taken, the appellate court shall
have jurisdiction of the cause. Failure to serve a notice of
appeal on the appropriate attorney shall not preclude
jurisdiction in the appellate court; and
  ' (c) No undertaking providing for the payment of costs and
disbursements shall be required.
  '  { +  (2) Except as provided in subsection (3) of this
section, in a prosecution of any offense defined and made
punishable by any city charter or ordinance, a plaintiff may
appeal to the circuit court within whose jurisdiction the city
has its legal situs and maintains its seat of city government in
the manner provided by ORS 157.020 (2) for taking appeals from
justice courts. + }
  '  { - (2) - }  { +  (3) + } The provisions of this section
apply only to municipal courts that have not become courts of
record under ORS 221.342. Appeals of criminal judgments in
municipal courts that have become courts of record under ORS
221.342 shall be as provided in ORS chapter 138 for appeals from
judgments of circuit courts.
  '  { +  SECTION 9. + }  { + The amendments to ORS 221.359 by
section 8 of this 2003 Act apply only to prosecutions commenced
on or after the effective date of this 2003 Act. + } ' .
  In line 11, delete '7' and insert '10'.
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