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 3501
 
                           A-Engrossed
 
                         Senate Bill 882
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22
 
Sponsored by COMMITTEE ON RULES (at the request of Deschutes
  County Trial Court Administrator Ernest J. Mazorol III)
 
 
                             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.
 
  Authorizes presiding judge of  { + twenty-second + } judicial
district to enter into memorandum of understanding with
 { - Indian tribe or tribal organization - }   { + Confederated
Tribes of Warm Springs + } regarding adjudication and disposition
of youths and youth offenders.
   { +  Sunsets January 2, 2006.
  Declares emergency, effective July 1, 2003. + }
 
                        A BILL FOR AN ACT
Relating to juveniles; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 419C. + }
  SECTION 2.  { + (1) The presiding judge of the twenty-second
judicial district, with the approval of the Chief Justice of the
Supreme Court, may enter into a memorandum of understanding with
the Confederated Tribes of Warm Springs regarding the
adjudication and disposition of youths and youth offenders.
  (2) A memorandum of understanding entered into under subsection
(1) of this section may allow the juvenile court of the judicial
district:
  (a) To waive its jurisdiction over a youth and transfer the
case, notwithstanding ORS 419C.005, to the jurisdiction of the
tribal court of the Confederated Tribes of Warm Springs for
adjudication; or
  (b) After finding the youth to be within its jurisdiction under
ORS 419C.005, to transfer the case to the tribal court of the
Confederated Tribes of Warm Springs for disposition.
  (3) A memorandum of understanding entered into under subsection
(1) of this section applies only to youths or youth offenders who
are enrolled members of a federally recognized tribe and who
reside on the Warm Springs Reservation.
  (4) A memorandum of understanding entered into under subsection
(1) of this section may contain, but is not limited to,
provisions relating to:
  (a) The duration of the memorandum of understanding;
  (b) The cases that are subject to transfer;
  (c) Who may request a transfer;
  (d) The custody of a youth or youth offender after transfer;
and
  (e) The sharing of information about a case after it has been
transferred. + }
  SECTION 3.  { + Section 2 of this 2003 Act is repealed on
January 2, 2006. + }
  SECTION 4.  { + 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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