72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 104
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to appeals in juvenile cases; amending ORS 419A.205; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 419A.205 is amended to read:
419A.205. (1) For the purpose of being appealed, the following
are judgments:
(a) A judgment finding a child { + or youth + } to be within
the jurisdiction of the court;
(b) A judgment disposing of a petition including, but not
limited to, a disposition under ORS 419B.325 { + or
419C.411 + };
(c) Any final disposition of a petition; and
(d) A final order adversely affecting the rights or duties of a
party and made in a proceeding after judgment including, but not
limited to, a final order under ORS 419B.449 or 419B.476.
(2) An appeal from a judgment finding a child { + or youth + }
to be within the jurisdiction of the court does not deprive the
juvenile court of jurisdiction to proceed with a disposition of
the matter.
(3) If an appeal is taken from a judgment finding a child
{ + or youth + } to be within the jurisdiction of the court
before the juvenile court enters a judgment disposing of the
matter under ORS 419B.325 { + or 419C.411 + }, any necessary
modification of the appeal must be made according to the rules of
the appellate court.
(4) When an appeal is taken from a judgment finding a child
{ + or youth + } to be within the jurisdiction of the court, if
the appellate court:
(a) Reverses the judgment, the judgment disposing of the matter
is reversed; or
(b) Modifies the judgment, a party may move for relief as
otherwise provided by law.
SECTION 2. { + 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 July 1,
2003. + }
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Enrolled Senate Bill 104 (SB 104-A) Page 1
Passed by Senate April 9, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
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Speaker of House
Enrolled Senate Bill 104 (SB 104-A) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
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Governor
Filed in Office of Secretary of State:
......M.,............., 2003
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Secretary of State
Enrolled Senate Bill 104 (SB 104-A) Page 3