75th OREGON LEGISLATIVE ASSEMBLY--2009 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 873
 
                           A-Engrossed
 
                         House Bill 2269
                  Ordered by the House March 11
            Including House Amendments dated March 11
 
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 computation of time period within which extradited
defendant may be held prior to trial.
 
                        A BILL FOR AN ACT
Relating to extradition; creating new provisions; and amending
  ORS 136.295.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 136.295 is amended to read:
  136.295. (1) ORS 136.290 does not apply to persons charged with
crimes   { - which - }  { +  that + } are not releasable offenses
under ORS 135.240 or to persons charged with conspiracy to commit
murder, or charged with attempted murder, or to prisoners serving
sentences resulting from prior convictions.
  (2) { + (a) + } If the defendant is extradited from another
jurisdiction, the 60-day period shall not commence until the
defendant enters the State of Oregon, provided that law
enforcement authorities from the other jurisdiction and this
state have conducted the extradition with all practicable speed.
The original 60-day period shall not be extended more than an
additional 60 days, except where delay has been caused by the
defendant in opposing the extradition.
   { +  (b) For purposes of this subsection, an extradition is
presumed to have been conducted with all practicable speed if it
has been conducted within 90 days after the date the defendant
has been delivered to an agent of this state. + }
  (3) Any reasonable delay resulting from examination or hearing
regarding the defendant's mental condition or competency to stand
trial, or resulting from other motion or appeal by the defendant,
shall not be included in the 60-day period.
  (4)(a) If a victim or witness to the crime in question is
unable to testify within the original 60-day period because of
injuries received at the time the alleged crime was committed or
upon a showing of good cause, the court may order an extension of
custody and postponement of the date of the trial of not more
than 60 additional days. The court, for the same reason, may
order a second extension of custody and postponement of the date
of the trial of not more than 60 days, but in no event shall the
defendant be held in custody before trial for more than a total
of 180 days. A court may grant an extension based upon good cause
as described in paragraph (b)(C), (D) or (E) of this subsection
only if requested by the defendant or defense counsel or by the
court on its own motion.
  (b) As used in this subsection, 'good cause' means situations
in which:
  (A) The court failed to comply with ORS 136.145 and the victim
is unable to attend the trial;
  (B) The victim or an essential witness for either the state or
the defense is unable to testify at the trial because of
circumstances beyond the control of the victim or witness;
  (C) The attorney for the defendant cannot reasonably be
expected to try the case within the 60-day period;
  (D) The attorney for the defendant has recently been appointed
and cannot be ready to try the case within the 60-day period;
  (E) The attorney for the defendant is unable to try the case
within the 60-day period because of conflicting schedules;
  (F) Scientific evidence is necessary and because of the
complexity of the procedures it would be unreasonable to have the
procedures completed within the 60-day period;
  (G) The defendant has filed notice under ORS 161.309 of the
defendant's intention to rely upon a defense of insanity, partial
responsibility or diminished capacity; or
  (H) The defendant has filed any notice of an affirmative
defense within the last 20 days of the 60-day period.
  (5) Any period following defendant's arrest in which the
defendant is not actually in custody shall not be included in the
60-day computation.
  SECTION 2.  { + The amendments to ORS 136.295 by section 1 of
this 2009 Act apply to extradition proceedings commenced on or
after the effective date of this 2009 Act. + }
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