72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 882
 
Sponsored by COMMITTEE ON RULES (at the request of Deschutes
  County Trial Court Administrator Ernest J. Mazorol III)
 
 
                     CHAPTER ................
 
 
                             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  { + Section 2 of this 2003 Act is repealed on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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Enrolled Senate Bill 882 (SB 882-A)                        Page 1
 
 
 
 
 
Passed by Senate April 24, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 30, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 882 (SB 882-A)                        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 882 (SB 882-A)                        Page 3