72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
CCA to A-Eng. HB 2594
LC 1588-1/HB 2594-A10
CONFERENCE COMMITTEE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2594
August 1
Amended Summary
Provides that certain transfers and payments of moneys by
justice and municipal courts be made not later than last day of
month following month in which collected.
Allows court of record to use audio recording reporting device.
Allows municipal court to be court of record. Allows appeal from
certain municipal courts to circuit court.
{ + Allows appearance by telephone or closed circuit
television under certain circumstances in juvenile delinquency
proceedings. Specifies exceptions.
Exempts expert witnesses and certain other persons from
licensing requirement for investigators. + }
Declares emergency, effective on passage.
Speaker Minnis:
Your Conference Committee to whom was referred A-engrossed
House Bill 2594, having had the same under consideration,
respectfully reports it back with the recommendation that the
House concur in the Senate amendments dated June 23 and that the
bill be amended as follows and repassed.
On page 1 of the printed A-engrossed bill, line 3, delete ' and
221.359' and insert ', 221.359, 419C.153 and 419C.306'.
On page 7, after line 8, insert:
' { + SECTION 10. + } { + Section 11 of this 2003 Act is
added to and made a part of ORS chapter 419C. + }
' { + SECTION 11. + } { + (1) Except as provided in
subsection (2) of this section, when a person is directed to
appear before the court in a proceeding under this chapter, the
person may appear by telephone or closed circuit television as
long as all parties having an interest in the proceeding have
access to the telephone or television circuit used for the
appearance and as long as the appearance is made publicly audible
within the courtroom of the court under whose authority the
hearing is held.
' (2) A person may not appear before the court as provided in
subsection (1) of this section if:
' (a) The proceeding is a contested adjudication;
' (b) The proceeding is a contested waiver hearing;
' (c) The proceeding is a contested dispositional hearing;
' (d) The person has been issued a summons under ORS 419C.306
(2); or
' (e) The person who is the subject of the proceeding objects
to appearance by telephone or closed circuit television and the
court finds that such appearance would be detrimental to the best
interest of the person making the objection.
' (3) A person who appears before the court under subsection
(1) of this section shall be provided with the opportunity to
consult privately with counsel during the proceeding. + }
' { + SECTION 12. + } ORS 419C.153 is amended to read:
' 419C.153. { - (1) - } Any youth ordered detained under ORS
419C.145, 419C.150 and 419C.156 shall have a review hearing at
least every 10 days, excluding Saturdays, Sundays and judicial
holidays. At the review hearing the court shall determine whether
sufficient cause exists to require continued detention of the
youth. In addition, the court may review and may confirm, revoke
or modify any order for the detention or release of the youth
under this section or ORS 419C.109, 419C.136, 419C.139, 419C.145,
419C.150 or 419C.156 and, in the event that the youth is alleged
to have committed an offense which if committed by an adult would
be a misdemeanor or Class C felony, may do so ex parte. Release
of a youth may not be revoked, however, except upon a finding
that the youth may be detained under this section or ORS
419C.145, 419C.150 and 419C.156, and after a hearing is held in
accordance with ORS 419C.109, 419C.136 and 419C.139 { - and
subsection (2) of this section - } .
' { - (2) A hearing to consider whether to revoke the release
of a youth or whether a youth should be continued in detention
may be held by telephone or closed circuit television as long as
all parties having an interest in the proceeding have access to
the telephone or television circuit used for the hearing and as
long as the hearing is made publicly audible within the courtroom
of the court under whose authority it is held. - }
' { + SECTION 13. + } ORS 419C.306 is amended to read:
' 419C.306. (1) The summons shall require the person or persons
who have physical custody of the youth to appear
{ - personally - } and bring the youth before the court at the
time and place stated in the summons. The time for the hearing on
the petition shall be fixed at a reasonable time, not less than
24 hours, after the issuance of the summons. If it appears to the
court that the welfare of the youth or of the public requires
that the youth immediately be taken into custody, the court may
indorse an order on the summons as provided in ORS 419C.080 (2)
directing the officer serving it to take the youth into custody.
' (2)(a) Summons shall be issued to the legal parents of the
youth, without regard to who has legal or physical custody of the
youth, and to the legal guardians, if any, of the youth.
' (b) Parents or guardians summoned pursuant to paragraph (a)
of this subsection shall appear personally pursuant to the
summons. Following the initial appearance, parents or guardians
shall appear as directed by the court.
' (c) An employer may not discharge, threaten to discharge,
intimidate or coerce any employee by reason of the employee's
attendance at a juvenile court hearing as required under
paragraph (a) of this subsection.
' (d) This subsection { - shall - } { + may + } not be
construed to alter or affect an employer's policies or agreements
with employees concerning employees' wages during times when an
employee attends a juvenile court hearing under paragraph (a) of
this subsection.
' (3) If the youth is 12 years of age or older, a certified
copy of the summons shall be served upon the youth. If the
petition alleges that the youth is within the jurisdiction of the
court for having violated ORS 471.430, the summons must contain a
statement that, if the youth fails to appear as required in the
summons, the driving privileges of the youth are subject to
suspension under ORS 419C.472.
' (4) Summons may be issued requiring the appearance of any
person whose presence the court deems necessary. When a summons
is issued to a youth pursuant to a petition alleging jurisdiction
under ORS 419C.005, a copy of the summons shall be mailed to all
victims whose names appear on the petition pursuant to ORS
419C.255 (2). The copy of the summons shall be accompanied by a
notice that the victim may be present for the youth's appearance
before the court and is entitled to request and receive
notification of future hearings before the court in regard to the
particular case. The copy of the summons shall also be
accompanied by a notice informing the victim of the provisions of
ORS 30.765.
' { + SECTION 14. + } { + The licensing requirement of ORS
703.405 does not apply to a person who:
' (1) Provides testimony in a court as an expert under ORS
40.410; or
' (2) Conducts investigations or reviews or engages in other
activities in preparation for providing testimony in a court as
an expert under ORS 40.410. + } ' .
In line 9, delete '10' and insert '15'.
/sMax Williams
Representative
/sRobert Ackerman
Representative
/sJerry Krummel
Representative
/sJohn Minnis
Senator
/sVicki Walker
Senator
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