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 888
 
                         Senate Bill 114
 
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.
 
  Provides that court may not set aside or dismiss delinquency
petition after adjudication unless adjudication has been set
aside.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to juvenile court procedure; creating new provisions;
  amending ORS 419C.261; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419C.261 is amended to read:
  419C.261. (1) The court, on motion of an interested party or on
its own motion, may at any time direct that the petition be
amended. If the amendment results in a substantial departure from
the facts originally alleged, the court shall grant such
continuance as the interests of justice may require. When the
court directs the amendment of a petition alleging that a youth
has committed an act that would constitute a sex crime, as
defined in ORS 181.594, if committed by an adult, the court shall
make written findings stating the reason for directing the
amendment.
  (2) { + (a) If a petition filed under ORS 419C.005 has not been
adjudicated under ORS 419C.400 or 419C.420, + } the court may set
aside or dismiss   { - a - }  { +  the + } petition   { - filed
under ORS 419C.005 - }  in furtherance of justice after
considering the circumstances of the youth and the interests of
the state in the adjudication of the petition. When the court
sets aside or dismisses a petition alleging that a youth has
committed an act that would constitute a sex crime, as defined in
ORS 181.594, if committed by an adult, the court shall make
written findings stating the reason for setting aside or
dismissing the petition.
   { +  (b) After a petition filed under ORS 419C.005 has been
adjudicated and the youth found to be within the jurisdiction of
the juvenile court, the court may not set aside or dismiss the
petition unless the adjudication has been set aside under ORS
419C.610. + }
 
  SECTION 2.  { + The amendments to ORS 419C.261 by section 1 of
this 2003 Act apply to a petition filed before, on or after the
effective date of this 2003 Act if a court has not set aside or
dismissed the petition before the effective date of this 2003
Act. + }
  SECTION 3.  { + 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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