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 879
 
                         Senate Bill 107
 
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)
 
 
                             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 as
introduced.
 
  Requires that defendant show substantial prejudice from delay
of trial before court can dismiss accusatory instrument on basis
of failure to provide speedy trial.
 
                        A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 135.747.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 135.747 is amended to read:
  135.747. If a defendant charged with a crime  { - , whose trial
has not been postponed upon the application of the defendant or
by the consent of the defendant, - }  is not brought to trial
within a reasonable period of time, the court shall
 { - order - }  { +  dismiss + } the accusatory instrument
 { - to be dismissed - }  { +  if:
  (1) The trial has not been postponed upon the application of
the defendant or with the consent of the defendant; and
  (2) The defendant demonstrates that the defendant has been
substantially prejudiced by the delay + }.
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