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 1006
 
                         House Bill 2132
 
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 as
introduced.
 
  Provides that defendant must be substantially prejudiced by
delay before court may dismiss accusatory instrument due to
violation of speedy trial requirement.
 
                        A BILL FOR AN ACT
Relating to criminal procedure; creating new provisions; and
  amending ORS 135.747.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 135.747 is amended to read:
  135.747.  { + (1) + } If a defendant charged with a crime
 { - , whose trial has not been postponed upon the application of
the defendant or by the consent of the defendant, - }  is not
brought to trial within a reasonable period of time, the court
shall order the accusatory instrument to be dismissed  { - . - }
 { +  if:
  (a) The trial has not been postponed upon the application of
the defendant or by the consent of the defendant;
  (b) The defendant has not willfully failed to appear at any
point in the proceedings; and
  (c) The defendant demonstrates that the defendant has been
substantially prejudiced by the delay.
  (2) Delay caused by a lack of judicial resources, such as the
unavailability of a judge, may not be charged to either party for
purposes of this section. + }
  SECTION 2.  { + The amendments to ORS 135.747 by section 1 of
this 2007 Act apply to offenses committed on or after the
effective date of this 2007 Act. + }
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