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 1152
 
                         Senate Bill 291
 
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 Senate Interim Committee on
  Judiciary for Oregon Criminal Defense Lawyers Association)
 
 
                             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.
 
  Requires that grand jury proceedings be on record.
 
                        A BILL FOR AN ACT
Relating to grand juries; creating new provisions; and amending
  ORS 132.090.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 132.090 is amended to read:
  132.090. (1) Except as provided in subsections (2) and (3) of
this section, no person other than the district attorney or a
witness actually under examination shall be present during the
sittings of the grand jury.
  (2) { + (a) + }   { - Upon a motion filed by the district
attorney in the circuit court, - }  The circuit judge
 { - may - }   { + shall + } appoint   { - a reporter - }  { + an
official + } who shall attend the sittings of the grand jury to
take and report { + , by electronic means in the manner provided
by section 2 of this 2007 Act, + } the testimony in any matters
pending before the grand jury  { - , - }  and may appoint a
parent, guardian or other appropriate person 18 years of age or
older to accompany any child 12 years of age or younger, or any
person with mental retardation, during an appearance before the
grand jury. The circuit judge, upon the district attorney's
showing to the court that it is necessary for the proper
examination of a witness appearing before the grand jury, may
appoint a guard, medical or other special attendant or nurse, who
shall be present in the grand jury room and shall attend such
sittings.
   { +  (b) As used in this subsection, 'mental retardation' has
the meaning given that term in ORS 427.005. Mental retardation
may be shown by:
  (A) Documentary evidence of intellectual functions; or
  (B) The affidavit of a qualified person familiar with the
person with mental retardation. As used in this subparagraph, '
qualified person' includes, but is not limited to, a teacher,
therapist or physician. + }
  (3) The district attorney may designate an interpreter who is
certified under ORS 45.291 to interpret the testimony of
witnesses appearing before the grand jury. The district attorney
may designate a qualified interpreter, as defined in ORS 45.288,
if the circuit court determines that a certified interpreter is
not available and that the person designated by the district
attorney is a qualified interpreter as defined in ORS 45.288. An
interpreter designated under this subsection may be present in
the grand jury room and attend the sittings of the grand jury.
  (4) No person other than members of the grand jury shall be
present when the grand jury is deliberating or voting upon a
matter before it.
    { - (5) As used in this section, 'mental retardation' has the
meaning given that term in ORS 427.005. Mental retardation may be
shown by attaching to the motion of the district attorney: - }
    { - (a) Documentary evidence of intellectual functioning;
or - }
    { - (b) The affidavit of a qualified person familiar with the
person with mental retardation. 'Qualified person' includes, but
is not limited to, a teacher, therapist or physician. - }
  SECTION 2.  { + (1) Proceedings of a grand jury must be on
record and recorded electronically.
  (2) The audio records must be deposited with the clerk or other
officer of the court as the court directs.
  (3)(a) If an indictment is returned, a tape or other
reproduction of the audio records must be provided to the
defendant upon request and payment by the defendant of the costs
of the tape or other reproduction of the audio records. A
defendant who obtains a copy of the tape or other reproduction of
the audio records shall make it available to the district
attorney.
  (b) If an indictment is not returned, the person with whom the
audio records have been deposited under subsection (2) of this
section shall destroy the audio records unless the records are
ordered by the court to be preserved for good cause shown.
  (4)(a) The requirements of this section apply to all
proceedings before the grand jury, including but not limited to
the charge by the court, to all later communications between the
court and the grand jury, to all comments, statements or
communications by the district attorney or any other person to
the grand jury, and to the questioning and testimony of all
witnesses.
  (b) The requirements of this section do not apply to a grand
jury's secret deliberations, to the voting of the grand jury or
to the consultations between witnesses and their attorneys. + }
  SECTION 3.  { + Section 2 of this 2007 Act and the amendments
to ORS 132.090 by section 1 of this 2007 Act apply to proceedings
before a grand jury that commence on or after the effective date
of this 2007 Act. + }
                         ----------