74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1005
A-Engrossed
House Bill 2131
Ordered by the House May 2
Including House Amendments dated May 2
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Modifies definition of actual address of program participant
that may not be disclosed to include county of residence and
precinct in which participant is registered to vote.
Specifies that substitute address designated by Attorney
General for program participant may be used for purposes of laws
requiring use of residence address.
Directs public bodies that receive request from program
participant to develop { - policy - } { + procedure + } to
prevent disclosure of program participant's actual address within
the public body.
Restricts circumstances under which Attorney General may
disclose actual address or telephone number of program
participant. Requires that court order be justified by finding of
good cause.
Exempts program participants from requirement that residence
address be listed on driver license or identification card issued
by Department of Transportation.
{ + Provides that jury source lists may not contain and State
Court Administrator or justice of peace is not required to obtain
information about program participants.
Provides that county clerk list of electors may not contain
information about program participants. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to address confidentiality program; creating new
provisions; amending ORS 10.215, 54.060, 192.820, 192.836,
192.842, 192.844, 192.848, 247.940, 247.945, 247.967, 807.050,
807.110 and 807.400; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 192.820 is amended to read:
192.820. As used in ORS 192.820 to 192.868:
(1) 'Actual address' means { + :
(a) + } A residential, work or school street address of an
individual specified on the application of the individual to be a
program participant { + ; or
(b) The name of the county in which the program participant
resides or the name or number of the election precinct in which
the program participant is registered to vote + }.
(2) 'Address Confidentiality Program' means the program
established under ORS 192.822.
(3) 'Application assistant' means an employee of or a volunteer
serving a public or private entity designated by the Attorney
General under ORS 192.854 to assist individuals with applications
to participate in the Address Confidentiality Program.
(4) 'Program participant' means an individual accepted into the
Address Confidentiality Program under ORS 192.820 to 192.868.
(5) 'Public body' has the meaning given that term in ORS
174.109.
(6) 'Public record' has the meaning given that term in ORS
192.410.
(7) 'Substitute address' means an address designated by the
Attorney General under the Address Confidentiality Program.
(8) 'Victim of domestic violence' means:
(a) An individual against whom domestic violence has been
committed, as defined in ORS 135.230, 181.610, 411.117 or
657.176;
(b) An individual who has been a victim of abuse, as defined in
ORS 107.705; or
(c) Any other individual designated a victim of domestic
violence by the Attorney General by rule.
(9) 'Victim of a sexual offense' means:
(a) An individual against whom a sexual offense has been
committed, as described in ORS 163.305 to 163.467, 163.427,
163.466 or 163.525; or
(b) Any other individual designated by the Attorney General by
rule.
(10) 'Victim of stalking' means:
(a) An individual against whom stalking has been committed, as
described in ORS 163.732; or
(b) Any other individual designated by the Attorney General by
rule.
SECTION 1a. { + The amendments to ORS 192.820 by section 1 of
this 2007 Act become operative June 1, 2008. + }
SECTION 2. ORS 192.836 is amended to read:
192.836. (1)(a) A program participant may request that public
bodies use the substitute address designated by the Attorney
General as the address of the program participant in any ongoing
actions or proceedings or when creating a new public record.
(b) A public body is not responsible for requesting that
departments, divisions, affiliates or other organizational units
of the public body or other public bodies use the substitute
address { - designated by the Attorney General - } as the
address of the program participant.
(c) Unless requested by the program participant, when the
actual address of a program participant is contained in a public
record that is filed with the public body, the public body is not
responsible for modifying the public record to contain the
substitute address designated by the Attorney General.
(d) The Attorney General is not responsible for making requests
under this subsection.
(2) Except as provided in this section { + and ORS
192.842 + }, when a program participant submits a current and
valid Address Confidentiality Program authorization card to a
public body, the public body shall accept the substitute address
on the authorization card as the address of the program
participant when creating a new public record. Upon the request
of the program participant, the public body shall use the
substitute address on the authorization card in any ongoing
actions or proceedings.
(3) A public body may request a waiver from the requirements of
the Address Confidentiality Program by submitting a waiver
request to the Attorney General. The waiver request shall be in
writing and include:
(a) An explanation of why the public body cannot meet its
statutory or administrative obligations by possessing or using
the substitute address; and
(b) An affirmation that if the Attorney General accepts the
waiver, the public body will only use the actual address of the
program participant for those statutory or administrative
purposes included in the waiver request.
(4) The Attorney General shall accept or deny a waiver request
from a public body in writing and include a statement of specific
reasons for acceptance or denial. An acceptance or denial made
under this subsection is not considered an order as defined in
ORS 183.310 and is not subject to judicial review under ORS
183.480.
{ + (5) Except as provided in ORS 192.820 to 192.868, if a
law or rule requires the use of a residence address, the
substitute address may be used instead. + }
SECTION 3. ORS 192.844 is amended to read:
192.844. { + (1) + } Except as provided in ORS 192.820 to
192.868, a public body that { - has received - }
{ + receives + } a request from a program participant under ORS
192.836 may not disclose the actual address or telephone number
of the program participant.
{ + (2) Each public body that receives a request from a
program participant under ORS 192.836 shall adopt a procedure to
prevent unnecessary disclosure of actual addresses or telephone
numbers of program participants to employees of that public body
or other persons in that public body. + }
SECTION 4. ORS 192.848 is amended to read:
192.848. (1) The Attorney General may not disclose the actual
address or telephone number of a program participant, except
under { + either of + } the following circumstances:
{ - (a) Upon request by a federal, state or local law
enforcement agency or district attorney for official use
only; - }
{ - (b) - } { + (a) + } { - Pursuant to a court
order; - } { + Upon receipt of a court order signed by a judge
pursuant to a finding of good cause. Good cause exists when
disclosure is sought for a lawful purpose that outweighs the risk
of the disclosure and, in the case of a request for disclosure
received from a federal, state or local law enforcement agency,
district attorney or other public body, when information is
provided to the court that describes the official purpose for
which the actual address or telephone number of the program
participant will be used. 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 cases where the Attorney General has not received
prior notice of a court order, not later than three business days
after receiving the order, the Attorney General may object to the
order and request a hearing before the judge who signed the
order. + }
{ - (c) Upon request by a public body for a statutory or
administrative purpose described in ORS 192.836; or - }
{ - (d) - } { + (b) + } Where the program participant is
required to disclose the actual address of the program
participant as part of a registration for sex offenders as
required under ORS 181.598 and 181.599.
(2) A person to whom an actual address or telephone number of a
program participant has been disclosed pursuant to a court order
may not disclose the actual address or telephone number to any
other person unless permitted to do so by order of the court.
(3) The Attorney General shall notify a program participant
within one business day after the Attorney General discloses an
actual address under subsection { - (1)(b) or (c) - }
{ + (1)(a) + } of this section.
(4) Upon request by a public body, the Attorney General may
verify whether or not a person is a program participant when the
verification is for official use only.
SECTION 5. ORS 807.110 is amended to read:
807.110. A license issued by the Department of Transportation
shall comply with all of the following:
(1) A license shall bear the distinguishing number assigned to
the person issued the license by the department.
(2) A license shall contain, for the purpose of identification,
a brief description of the person to whom the license is issued.
(3) A license shall contain the name, { + the + } date of
birth and, except as provided for corrections officers in ORS
802.253 { + , + } { - or - } eligible employees in ORS
802.250 { + or Address Confidentiality Program participants in
section 11 of this 2007 Act + }, { + the + } residence address
of the person to whom the license is issued and a space for the
person's signature.
(4) Upon request of the person to whom the license is issued, a
license shall indicate on the license the fact that the person is
an anatomical donor.
(5) Upon order of the juvenile court, a license shall indicate
on the license the fact that the person to whom the license is
issued is an emancipated minor.
(6) Except as otherwise provided in this subsection, a license
shall bear a photograph described in this subsection. The
Director of Transportation, by rule, may provide for issuance of
a valid license without a photograph if the applicant shows good
cause. The director shall include religious preferences as good
cause for issuance of a license without a photograph but shall
not limit good cause to religious grounds. A photograph required
under this subsection shall:
(a) Be a full-faced, color photograph of the person to whom the
license is issued;
(b) Be of a size approved by the department; and
(c) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150.
(7) A license is not valid until signed by the person to whom
it is issued.
(8) A license shall indicate the class of license issued and
any endorsements granted. If the license is a commercial driver
license, the words 'commercial driver license' or the letters '
CDL' shall appear on the license.
(9) The department shall use such security procedures,
processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible
anyone's ability to alter, counterfeit, duplicate or modify the
license without ready detection. The security features used in
the production of the licenses shall provide for the rapid
authentication of a genuine document.
SECTION 6. ORS 807.110, as amended by section 7, chapter 775,
Oregon Laws 2005, is amended to read:
807.110. (1) A license issued by the Department of
Transportation shall contain all of the following:
(a) The distinguishing number assigned to the person issued the
license by the department.
(b) For the purpose of identification, a brief description of
the person to whom the license is issued.
(c) The name, { + the + } date of birth and, except as
provided for corrections officers in ORS 802.253 { + , + }
{ - or - } eligible employees in ORS 802.250 { + or Address
Confidentiality Program participants in section 11 of this 2007
Act + }, { + the + } residence address of the person to whom the
license is issued and a space for the person's signature.
(d) Upon request of the person to whom the license is issued,
the fact that the person is an anatomical donor.
(e) Upon order of the juvenile court, the fact that the person
to whom the license is issued is an emancipated minor.
(f) Except as otherwise provided in this paragraph, a
photograph described in this paragraph. The Director of
Transportation, by rule, may provide for issuance of a valid
license without a photograph if the applicant shows good cause.
The director shall include religious preferences as good cause
for issuance of a license without a photograph but shall not
limit good cause to religious grounds. A photograph required
under this paragraph shall:
(A) Be a full-faced, color photograph of the person to whom the
license is issued;
(B) Be of a size approved by the department; and
(C) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150.
(g) The class of license issued and any endorsements granted.
If the license is a commercial driver license, the words '
commercial driver license' or the letters 'CDL' shall appear on
the license.
(2) A license is not valid until signed by the person to whom
it is issued.
(3) The department shall use security procedures, processes and
materials in the preparation, manufacture and issuance of any
license that prohibit as nearly as possible anyone's ability to
alter, counterfeit, duplicate or modify the license without ready
detection. The security features used in the production of the
licenses shall provide for:
(a) The authentication of a genuine document in a reasonable
time; and
(b) The production of the license only by equipment that
requires verification of the identity of the operator of the
equipment before a license may be produced.
SECTION 7. ORS 807.050 is amended to read:
807.050. An application for a license shall be in a form
approved by the Oregon Department of Transportation. An
application must contain all the following:
(1) The applicant's true name, age, sex, residence address,
except as otherwise provided for corrections officers in ORS
802.253 { + , + } { - or - } eligible employees in ORS
802.250 { + or Address Confidentiality Program participants in
section 11 of this 2007 Act + }, and post-office address other
than general delivery. The department may provide by rule for
acceptance of something other than an actual residence or
post-office address if the department determines that the
applicant does not have an actual address. The department shall
require proof to verify the address in addition to anything else
the department may require of the applicant.
(2) Whether or not the applicant has ever been issued any
driver license or driver permit. If the applicant has been issued
any license or driver permit:
(a) When the license or driver permit was granted;
(b) What jurisdiction granted the license or driver permit;
(c) Whether or not the driving privileges under the license or
driver permit are currently suspended or revoked; and
(d) If the driving privileges are revoked or suspended, the
date and reason for the suspension or revocation.
(3) The class of license sought.
(4) The Social Security number of the applicant or other number
or identifying information determined appropriate by the
Secretary of the United States Department of Transportation, if
the application is for a commercial driver license or if the
Oregon Department of Transportation by rule requires the Social
Security number on the application.
(5) Any other information the department deems necessary to
assist the department in determining whether the applicant is
qualified or eligible to be licensed.
SECTION 8. ORS 807.400 is amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or resident of this state, as described in
ORS 807.062;
(b) Does not have a current, valid driver license; and
(c) Furnishes such evidence of the person's age and identity as
the department may require.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of an applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. { + The identification card is
not required to contain the residence address of persons listed
in ORS 807.110 (3). + }
(5) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410. In no
event shall the issuance or renewal of an identification card be
subject to any fee in addition to that set forth in ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes residence address from that shown on the
identification card and does not provide the department with
notice of the change as required under ORS 807.420.
(10) If a person to whom an identification card was issued and
who changes residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection (12) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department.
(11) An identification card becomes invalid if the holder of
the card changes the person's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a replacement identification
card upon payment of the fee required under ORS 807.410.
(12) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a different distinguishing number from the card
being replaced, the person to whom the card was issued may obtain
a replacement card from the department upon furnishing proof
satisfactory to the department of the need for such replacement
and payment of the replacement fee under ORS 807.410.
(13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (10) to (12) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
(14) Upon cancellation of an identification card, the card is
terminated and must be surrendered to the department. An
identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS
809.310. The department may reissue an identification card
canceled under this subsection when the applicant has satisfied
all requirements for the identification card.
(15) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders a
license or driver permit to the department for reasons described
in this subsection. If the department issues an identification
card under this subsection, the identification card shall expire
at the same time as the surrendered driver license or driver
permit would have expired. An identification card issued under
this subsection is subject to the same requirements and fees for
renewal or upon expiration as any other identification card
issued under this section. The department may issue
identification cards under this subsection as described under any
of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person's driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the person's license or driver
permit to the department as provided under ORS 809.500.
SECTION 9. ORS 807.400, as amended by section 8, chapter 775,
Oregon Laws 2005, is amended to read:
807.400. (1) The Department of Transportation shall issue an
identification card to any person who:
(a) Is domiciled in or resident of this state, as described in
ORS 807.062;
(b) Does not have a current, valid driver license;
(c) Furnishes such evidence of the person's age and identity as
the department may require; and
(d) Submits to collection of biometric data by the department
that establish the identity of the person as provided in ORS
807.024.
(2) The department shall work with other agencies and
organizations to attempt to improve the issuance system for
identification cards.
(3) Every original application for an identification card must
be signed by the applicant. The department shall require at least
one document to verify the address of an applicant for issuance
of an identification card in addition to other documents the
department may require of the applicant. If the address of an
applicant has changed since the last time an identification card
was issued to or renewed for the applicant, the department shall
require proof to verify the address of an applicant for renewal
of an identification card, in addition to anything else the
department may require.
(4) Every identification card shall be issued upon the standard
license form described under ORS 807.110 and shall bear a
statement to the effect that the identification card is not a
license or any other grant of driving privileges to operate a
motor vehicle and is to be used for identification purposes only.
The department shall use the same security procedures, processes,
materials and features for an identification card as are required
for a license under ORS 807.110. { + The identification card is
not required to contain the residence address of persons listed
in ORS 807.110 (1)(c). + }
(5) Upon order of the juvenile court, the department shall
include on the card the fact that the person issued the
identification card is an emancipated minor.
(6) Each original identification card shall expire on a date
consistent with the expiration dates of licenses as set forth in
ORS 807.130.
(7) Identification cards shall be renewed under the terms for
renewal of licenses as set forth in ORS 807.150.
(8) The fee for an original identification card or a renewal
thereof shall be the fee established under ORS 807.410.
(9) An identification card becomes invalid if the holder of the
card changes residence address from that shown on the
identification card and does not provide the department with
notice of the change as required under ORS 807.420.
(10) If a person to whom an identification card was issued and
who changes residence address appears in person at a department
office that issues identification cards, the department may do
any of the following:
(a) Issue a replacement identification card containing the new
address upon receipt of the old identification card and payment
of the fee established for issuing a replacement identification
card with a changed address under ORS 807.410. Except as
otherwise provided in subsection (12) of this section, the
replacement identification card shall bear the same
distinguishing number as the card being replaced.
(b) Note the new address on the old identification card in a
manner to be determined by the department.
(11) An identification card becomes invalid if the holder of
the card changes the person's name from that shown on the card,
including a change of name by marriage, without providing the
department with notice of the change as required under ORS
807.420. Upon receiving such notice and the old identification
card, the department shall issue a replacement identification
card upon payment of the fee required under ORS 807.410.
(12) In the event that, for a reason identified by the
department by rule, a person needs a replacement identification
card that bears a different distinguishing number from the card
being replaced, the person to whom the card was issued may obtain
a replacement card from the department upon furnishing proof
satisfactory to the department of the need for such replacement
and payment of the replacement fee under ORS 807.410.
(13) The department may establish by rule reasons for issuing
replacement identification cards that are in addition to the
reasons identified in subsections (10) to (12) of this section.
The fee for a replacement identification card is provided under
ORS 807.410.
(14) Upon cancellation of an identification card, the card is
terminated and must be surrendered to the department. An
identification card may be canceled for any of the reasons that
driving privileges or a license may be canceled under ORS
809.310. The department may reissue an identification card
canceled under this subsection when the applicant has satisfied
all requirements for the identification card.
(15) Notwithstanding any other provision of this section, the
department may issue an identification card to a person under
this subsection without charge when the person surrenders a
license or driver permit to the department for reasons described
in this subsection. If the department issues an identification
card under this subsection, the identification card shall expire
at the same time as the surrendered driver license or driver
permit would have expired. An identification card issued under
this subsection is subject to the same requirements and fees for
renewal or upon expiration as any other identification card
issued under this section. The department may issue
identification cards under this subsection as described under any
of the following:
(a) The department may issue an identification card under this
subsection to a person who voluntarily surrenders a license or
driver permit to the department based upon the person's
recognition that the person is no longer competent to drive.
(b) The department may issue an identification card to a person
under this subsection when the person's driving privileges are
suspended under ORS 809.419 (1). This paragraph only applies if
the person voluntarily surrenders the person's license or driver
permit to the department as provided under ORS 809.500.
SECTION 10. { + Section 11 of this 2007 Act is added to and
made a part of ORS 192.820 to 192.868. + }
SECTION 11. { + (1) A program participant may request that any
driver or vehicle record kept by the Department of Transportation
that contains or is required to contain the program participant's
actual address contain instead the substitute address designated
by the Attorney General. A request under this subsection must:
(a) Be in a form specified by the department; and
(b) Contain verification that the individual is a program
participant.
(2) Upon receipt of a request and verification under this
section, the department shall remove the program participant's
actual address from its records and instead use the substitute
address designated by the Attorney General. The department shall
note on the records that the address shown is a substitute
address under ORS 192.820 to 192.868. While the request is in
effect, the program participant may enter the substitute address
on any driver or vehicle form issued by the department that
requires an address.
(3) If an individual ceases to be certified as a program
participant, the individual shall notify the department of a
change of address as provided in ORS 803.220, 807.420 or
807.560. + }
SECTION 12. ORS 192.842 is amended to read:
192.842. (1) A county clerk { + or other elections
official + } shall use the actual address of a program
participant for voter registration purposes. Except as provided
in ORS 192.820 to 192.868, { - the - } { + a + } county clerk
{ + or other elections official + } may not disclose the actual
address.
(2) A county clerk { + or other elections official + } shall
use the substitute address of the program participant for
purposes of mailing a ballot to an elector under ORS 254.470.
(3) A school district shall use the actual address of a program
participant for any purpose related to admission or assignment.
The school district shall take such measures as necessary to
protect the confidentiality of the actual address of the program
participant. Student records created under ORS 326.565 and
326.580 shall use the substitute address of the program
participant.
(4) A county clerk shall accept the substitute address of the
program participant as the address of the applicant for the
purpose of issuing a marriage license under ORS 106.041.
SECTION 13. ORS 247.967 is amended to read:
247.967. Notwithstanding any provision of ORS 192.410 to
192.505:
(1) { + Except as provided in subsection (3) of this section,
+ }the county clerk may disclose the residence address of an
elector exempt from public disclosure under ORS 247.965 if the
county clerk receives a court order or a request from any law
enforcement agency to disclose the address.
(2) A petition may be filed with the circuit court of the
county in which the administrative offices of the county clerk
are located requesting disclosure of the residence address of any
elector exempt from disclosure under ORS 247.965. The petitioner
shall have the burden of showing the disclosure would not
constitute an unreasonable invasion of privacy.
{ + (3) The county clerk may not disclose the actual address,
as defined in ORS 192.820, of an Address Confidentiality Program
participant under ORS 192.820 to 192.868. + }
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.
SECTION 18. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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