72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 123
 
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 the Department of Justice)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to alternate jurors; creating new provisions; and
  amending ORS 136.260.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 136.260 is amended to read:
  136.260. (1) { + (a) + } In the trial of a person charged with
a
  { - felony - }  { +  crime + }, the court may in its
discretion, after the jury is impaneled and sworn, direct the
calling of   { - one to six - }  additional jurors, to be known
as 'alternate jurors.'   { - Such jurors shall - }  { + The court
may call:
  (A) One to six additional jurors if the person is charged with
a felony; and
  (B) One to three additional jurors if the person is charged
with a misdemeanor.
  (b) Jurors called under paragraph (a) of this subsection:
  (A) Must + } be drawn from the same source and in the same
manner and   { - shall - }  { +  must + } have the same
qualifications as other jurors in the case.   { - They shall
be - }
   { +  (B) Are + } subject to the same examination and
 { + may + } be challenged in the same manner as other jurors.
   { +  (c) + } In the drawing of alternate jurors, the names of
jurors excused for cause or on peremptory challenges in the
selection of the jury to which   { - such - }  { +  the + }
jurors shall serve as alternates
  { - shall - }  { +  must + } be excluded from the names from
which   { - such - }  { +  the + } drawing is made.
  (2) Each side is entitled to the following peremptory
challenges in addition to those otherwise allowed by statute:
  (a) If one or two alternate jurors are to be impaneled, each
side is entitled to one peremptory challenge.
  (b) If three or four alternate jurors are to be impaneled, each
side is entitled to two peremptory challenges.
  (c) If five or six alternate jurors are to be impaneled, each
side is entitled to three peremptory challenges.
  (3) The additional peremptory challenges may be used against an
alternate juror only, and the other peremptory challenges allowed
 
 
Enrolled Senate Bill 123 (SB 123-INTRO)                    Page 1
 
 
 
by statute   { - shall - }  { +  may + } not be used against an
alternate juror.
  SECTION 2.  { + The amendments to ORS 136.260 by section 1 of
this 2003 Act apply only to juries impaneled on or after the
effective date of this 2003 Act. + }
                         ----------
 
 
Passed by Senate February 4, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 28, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 123 (SB 123-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 123 (SB 123-INTRO)                    Page 3