74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2131
LC 1005/HB 2131-1
HOUSE AMENDMENTS TO
HOUSE BILL 2131
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 2, after 'ORS' insert '
10.215, 54.060,'.
In line 3, after '192.848,' insert '247.940, 247.945,'.
On page 2, after line 9, insert:
' { + SECTION 1a. + } { + The amendments to ORS 192.820 by
section 1 of this 2007 Act become operative June 1, 2008. + } ' .
In lines 28 through 39, restore the bracketed material.
In line 40, delete '(3)' and insert '(5)'.
On page 3, line 2, delete 'policy' and insert ' procedure'.
In line 15, after the period insert 'If a judge finds that good
cause exists, the terms of the court order shall address, as much
as practicable, the safety and protection of the program
participant.'.
In line 38, delete 'address confidentiality program' and insert
'Address Confidentiality Program'.
On page 4, line 27, delete 'address confidentiality program'
and insert 'Address Confidentiality Program'.
On page 5, line 14, delete 'address'.
In line 15, delete 'confidentiality program' and insert '
Address Confidentiality Program'.
On page 7, delete line 44 and insert '(1)(c).'.
On page 9, line 18, delete ', if necessary,'.
On page 10, line 2, delete 'address confidentiality program'
and insert 'Address Confidentiality Program'.
After line 2, insert:
' { + SECTION 14. + } ORS 10.215 is amended to read:
' 10.215. (1) The State Court Administrator shall cause to be
prepared at least once each year a master jury list containing
names selected at random from the source lists. The source lists
are the most recent list of electors of the county, the records
furnished by the Department of Transportation as provided in ORS
802.260 (2) and any other sources approved by the Chief Justice
of the Supreme Court that will furnish a fair cross section of
the citizens of the county. The State Court Administrator and
circuit courts may use source lists obtained from any person or
public body, and jury lists containing names selected from a
source list, only for purposes consistent with administering the
selection and summoning of persons for service as jurors, the
drawing of names of jurors, and other tasks necessary to
accomplish those functions. { + Source lists may not contain and
the State Court Administrator is not required to obtain
information about individuals who are participants in the Address
Confidentiality Program under ORS 192.820 to 192.868. + } Except
as specifically provided by law, the State Court Administrator
and circuit courts may not disclose source lists obtained from
any person or public body, and jury lists containing names
selected from a source list, to any other person or public body.
' (2) A public body having custody, possession or control of
any list that may be used as a source list for preparation of a
master jury list, upon written request by the State Court
Administrator, shall make its list available at any reasonable
time and, except as otherwise provided in ORS 802.260, without
charge to the State Court Administrator for inspection or
copying. The public body, upon written request by the State
Court Administrator, shall provide a copy of its list for the
date and in the form requested to the State Court Administrator.
Except as otherwise provided in ORS 802.260, the copy shall be
provided without charge.
' (3) The number of names placed on a master jury list shall be
sufficient to meet the projected need for grand jurors and trial
jurors in the circuit court in the county, but the total number
{ - shall - } { + may + } not be less than two percent of the
population of the county according to the latest federal
decennial census.
' (4) A master jury list shall contain the first name, the
surname, the place of residence and, if assigned, the juror
identification number of each person whose name is placed
thereon.
' (5) A master jury list shall be certified by the trial court
administrator and placed on file in the circuit court as soon as
possible after it is prepared.
' (6) A newly filed master jury list shall be maintained
separately from the previously filed master jury list. The
presiding judge shall designate when a newly filed master jury
list becomes effective, after which time names of persons
{ - shall - } { + may + } not be selected from the previously
filed master jury list for a term jury list. When a newly filed
master jury list becomes effective, all orders, records and
papers prepared in connection with the selection process based on
the previously filed master jury list shall be preserved by the
trial court administrator and State Court Administrator for the
period prescribed by the State Court Administrator under ORS
8.125.
' (7) The State Court Administrator may make adjustments to the
master jury list, and may authorize the presiding judge of a
judicial district to make adjustments to a term jury list, for
the purpose of updating the addresses of persons appearing on the
lists and removing the names of persons who are deceased,
permanently ineligible for jury service or permanently excused
from jury service. The State Court Administrator shall ensure
that a record is maintained of all adjustments to jury lists made
under this subsection.
' (8) For the purposes of this section, 'public body' has the
meaning given that term in ORS 174.109.
' { + SECTION 15. + } ORS 54.060 is amended to read:
' 54.060. { + (1) + } The justice of the peace in each
district shall, in January of each year, or in case of an
omission or neglect so to do then as soon as possible thereafter,
make a jury list for the district.
' { + (2) + } A preliminary jury list shall be made by
selecting names of inhabitants of the district by lot from the
latest jury list sources. The jury list sources are the elector
registration list for the district, copies of the Department of
Transportation records for the county referred to in ORS 802.260
(2) furnished to the justice at county expense by the clerk of
court, as defined in ORS 10.010, for the county and any other
source that the justice determines will furnish a fair cross
section of the inhabitants of the district.
' { + (3) Jury list sources may not contain and the justice
of the peace is not required to obtain information about
individuals who are participants in the Address Confidentiality
Program under ORS 192.820 to 192.868.
' (4) + } From the preliminary jury list the names of those
persons known not to be qualified by law to serve as jurors shall
be deleted. The remaining names shall constitute the jury list.
The preliminary jury list and jury list may be made by means of
electronic equipment.
' { + SECTION 16. + } ORS 247.940 is amended to read:
' 247.940. (1) Not later than the 21st day before any primary
election, general election or special congressional election, a
major political party qualified under ORS 248.006 or its
affiliate within the county or a minor political party qualified
under ORS 248.008 may request from the county clerk a list of
active electors, as described in ORS 247.013, of the county.
{ + Except as provided in this section, + } the list shall
contain the name, party affiliation, residence or mailing address
and precinct name or number of each active elector and shall be
arranged in groups by election precinct. { + The list may not
contain any information about participants in the Address
Confidentiality Program established under ORS 192.820 to
192.868. + } A major political party or its affiliate within the
county or a minor political party may make no more than two
separate requests under this subsection.
' (2) If the county clerk receives a request under subsection
(1) of this section, the clerk shall deliver the list not later
than:
' (a) Ten days after receiving the request; or
' (b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any primary election, general election or
special congressional election.
' (3) The county clerk { - shall - } { + may + } not charge
for preparation or delivery of the list supplied under this
section.
' { + SECTION 17. + } ORS 247.945 is amended to read:
' 247.945. (1) The county clerk, upon request before the 45th
day before a primary, general or special election, shall deliver
to any person a list of electors. { + The list may not contain
any information about participants in the Address Confidentiality
Program established under ORS 192.820 to 192.868. + } The lists
shall be prepared in the manner requested, limited only to the
capabilities of the Secretary of State or the county clerk.
' (2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
' (3) The county clerk shall keep a record of all persons to
whom a list of electors is delivered under this section.'.
In line 3, delete '14' and insert '18'.
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