74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 112
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to subpoenas in criminal actions; amending ORS 136.595.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 136.595 is amended to read:
  136.595. (1) Except as provided in ORS 136.447 and
  { - subsection (2) - }   { + subsections (2) and (3) + } of
this section, a subpoena is served by delivering a copy to the
witness personally.  Proof of the service is made in the same
manner as in the service of a summons.
  (2)(a) Every law enforcement agency shall designate an
individual or individuals upon whom service of subpoena may be
made. At least one of the designated individuals shall be
available during normal business hours. In the absence of the
designated individuals, service of subpoena pursuant to paragraph
(b) of this subsection may be made upon the officer in charge of
the law enforcement agency.
  (b) If a peace officer's attendance at trial is required as a
result of employment as a peace officer, a subpoena may be served
on the peace officer by delivering a copy personally to the
officer or to one of the individuals designated by the agency
that employs the officer not later than 10 days prior to the date
attendance is sought. A subpoena may be served in this manner
only if the officer is currently employed as a peace officer and
is present within the state at the time of service.
  (c) When a subpoena has been served as provided in paragraph
(b) of this subsection, the law enforcement agency shall make a
good faith effort to actually notify the officer whose attendance
is sought of the date, time and location of the court appearance.
If the officer cannot be notified, the law enforcement agency
shall contact the court and a continuance may be granted to allow
the officer to be personally served.
  (d) As used in this subsection, 'law enforcement agency ' means
the Oregon State Police, a county sheriff's department or a
municipal police department.
   { +  (3) A subpoena for the production of papers, documents,
records and other tangible things may be served on a corporation
or limited partnership in the manner provided by ORCP 7 D(3) for
the service of a summons. + }
 
 
 
Enrolled Senate Bill 112 (SB 112-INTRO)                    Page 1
 
 
 
    { - (3) - }   { + (4) + } When a subpoena has been served as
provided in subsection (1)   { - or - }  { + , + } (2)  { + or
(3) + } of this section and, subsequent to service, the date on,
or the time at, which the person subpoenaed is to appear has
changed, a new subpoena is not required to be served if:
  (a) The subpoena is continued orally in open court in the
presence of the person subpoenaed; or
  (b) The party who issued the original subpoena notifies the
person subpoenaed of the change by first class mail and by:
  (A) Certified or registered mail, return receipt requested; or
  (B) Express mail.
                         ----------
 
 
Passed by Senate March 19, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 11, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 112 (SB 112-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 112 (SB 112-INTRO)                    Page 3