72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2865
 
LC 2839/HB 2865-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2865
 
                    By COMMITTEE ON JUDICIARY
 
                            April 29
 
  On page 1 of the printed bill, line 2, delete 'and'.
  In line 3, before the period insert '; and declaring an
emergency'.
  In line 7, before 'felony' insert 'nonperson'.
  In line 9, after 'orally' insert 'or in writing'.
  In line 12, after the period insert 'As used in this
subsection, 'nonperson felony' has the meaning given that term in
the rules of the Oregon Criminal Justice Commission.'.
  In line 14, before 'felony' insert 'nonperson'.
  On page 2, line 23, after 'officer' insert 'involved in the
criminal investigation under grand jury inquiry'.
  In line 24, after 'officer' insert 'involved in the same
criminal investigation'.
  On page 3, line 5, after 'charge' insert 'or any other criminal
charge or fugitive complaint except that:
  ' (a) The use of different names can be used in determining the
defendant's release status if the defendant has used different
names in different proceedings; and
  ' (b) A defendant who intentionally falsifies the defendant's
name under this section or ORS 135.065 while under oath or
affirmation is subject to prosecution under ORS 162.065'.
  In line 7, delete 'or'.
  After line 7, insert:
  ' (b) The defendant's birth name; or'.
  In line 8, delete '(b)' and insert '(c)'.
  In line 17, after the period insert 'If a birth certificate for
the defendant was never created, the court shall ask the
defendant, under oath or affirmation, to give the defendant's
true name. The court shall proceed under the name given unless
the court is persuaded by a preponderance of the evidence that
the name is not the defendant's true name.'.
  In line 21, delete 'or' and insert a comma and after ' arrest'
insert 'or judgment'.
  In line 29, delete 'and any' and insert a comma and after '
arrest' insert 'or judgment'.
  On page 4, delete line 24 and insert:
  '  { +  SECTION 7. + } If a defendant, on or after the
effective date of this 2003 Act, fails to provide'.
  In line 25, after '135.060' insert 'or 135.065 and'.
  In line 27, delete 'person' and insert 'defendant, upon a
motion filed by the district attorney and supported by probable
cause,'.
  Delete line 29 and insert '135.245.
  '  { +  SECTION 8. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect on its passage. + } ' .
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