Chapter 557 Oregon Laws 2009

AN ACT

HB 2682

Relating to commercial security release; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The joint interim committee on the judiciary or other appropriate interim committee shall take testimony on the feasibility and advisability of reinstituting a system of commercial surety bail in the State of Oregon. The committee may solicit testimony on:

          (a) The cost of the existing system of pretrial release in Oregon compared to the probable cost of a pretrial release system that relies on commercial surety bail, based on national statistics.

          (b) The failure-to-appear rate of the current pretrial release system compared to the probable failure-to-appear rate of a pretrial release system that relies on commercial surety bail, based on national statistics.

          (c) The impact on public safety of the operation of the current pretrial release system compared to the probable impact on public safety of the operation of a pretrial release system that relies on commercial surety bail, based on national statistics.

          (d) The probable impact on jail populations of instituting a pretrial release system that relies on commercial surety bail, based on national statistics.

          (e) The probable impact on the court system of instituting a pretrial release system that relies on commercial surety bail, based on national statistics.

          (f) The probable impact on forfeiture collections of instituting a pretrial release system that relies on commercial surety bail, based on national statistics.

          (2) Based on the testimony, the committee may make recommendations to the next regular or special session of the Legislative Assembly.

          (3) The committee shall invite participation in the study by:

          (a) The Oregon State Sheriffs’ Association.

          (b) The Oregon District Attorneys Association.

          (c) The Department of Consumer and Business Services.

          (d) The Department of Public Safety Standards and Training.

          (e) The Judicial Department.

          (f) The Department of Justice.

          (g) Criminal defense attorneys.

          (h) Crime victims’ rights organizations.

          (i) Representatives of the commercial surety bail industry, including sureties and retailers.

SECTION 2. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect July 1, 2009.

Approved by the Governor June 25, 2009

Filed in the office of Secretary of State June 25, 2009

Effective date July 1, 2009

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