72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2865
 
LC 2839/HB 2865-A8
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2865
 
                    By COMMITTEE ON JUDICIARY
 
                             June 17
 
  On page 1 of the printed A-engrossed bill, line 2, after '
132.320' insert ', 132.580'.
  In line 7, after '(1)' insert 'As used in this section, '
nonperson felony' has the meaning given that term in the rules of
the Oregon Criminal Justice Commission.
  ' (2)'.
  In line 12, after the period delete the rest of the line and
lines 13 and 14.
  In line 15, delete '(2)' and insert '(3)'.
  In line 19, delete '(3)' and insert '(4)'.
  In line 22, delete '(4)' and insert '(5)'.
  In line 23, delete '(5)' and insert '(6)' and delete ' (1)' and
insert '(2)'.
  After line 26, insert:
  ' (7) Notwithstanding ORS 161.635, the maximum fine that a
court may impose for an offense treated as a Class A misdemeanor
under this section is $100,000.'.
  On page 2, delete lines 28 through 34 and insert:
  ' (7)(a) Except as otherwise provided in this subsection, a
grand jury may receive in evidence through the testimony of one
peace officer involved in the criminal investigation under grand
jury inquiry information from an official report of another peace
officer involved in the same criminal investigation concerning
the other peace officer's investigation of the matter before the
grand jury. The statement of a person suspected of committing an
offense or inadmissible hearsay of persons other than the peace
officer who compiled the official report may not be presented to
a grand jury under this paragraph.
  ' (b) If the official report contains evidence other than chain
of custody, venue or the name of the person suspected of
committing an offense, the grand jurors must be notified that the
evidence is being submitted by report and that the peace officer
who compiled the report will be made available for testimony at
the request of the grand jury. When a grand jury requests the
testimony of a peace officer under this paragraph, the peace
officer may present sworn testimony by telephone if requiring the
peace officer's presence before the grand jury would constitute
an undue hardship on the peace officer or the agency that employs
or utilizes the peace officer.'.
  On page 5, after line 2, insert:
  '  { +  SECTION 8. + } ORS 132.580 is amended to read:
  ' 132.580. (1) When an indictment is found, the names of the
witnesses examined before the grand jury that returned the
indictment, either by testimony in the presence of the grand
jury, by affidavit { + , + }   { - or - }  by means of
simultaneous television transmission under ORS 132.320 (5) { +
or by telephone under ORS 132.320 (7) + }, and the names of those
whose reports were received by such grand jury pursuant to ORS
132.320 (2) must be inserted at the foot of the indictment, or
indorsed thereon, before it is filed. The indorsement shall show
whether the witness gave testimony before the grand jury in
person, by affidavit { + , + }   { - or - }  by means of
simultaneous television transmission { +  or by telephone + } or
filed a report.
  ' (2) A witness examined before the grand jury whose name is
not indorsed on the indictment shall not be permitted to testify
at trial without the consent of the defendant, unless the court
finds that:
  ' (a) The name of the witness was omitted from the indictment
by inadvertence;   { - and - }
  ' (b) The name of the witness was furnished to the defendant by
the state at least 10 days before trial; and
  ' (c) The defendant will not be prejudiced by the omission.'.
  In line 3, delete '8' and insert '9'.
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