72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2154
 
                           A-Engrossed
 
                         House Bill 2733
                  Ordered by the House April 17
            Including House Amendments dated April 17
 
Sponsored by Representative PROZANSKI; Representatives BARKER,
  KRIEGER, PATRIDGE, Senator MINNIS
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Reorganizes provisions relating to venue in violation cases.
 
                        A BILL FOR AN ACT
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.
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