75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2333
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon District Attorneys' Association)
CHAPTER ................
AN ACT
Relating to authentication of financial records by affidavit in
grand jury proceedings; amending ORS 132.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 132.320 is amended to read:
132.320. (1) Except as provided in subsections (2) to
{ - (10) - } { + (11) + } of this section, in the investigation
of a charge for the purpose of indictment, the grand jury shall
receive no other evidence than such as might be given on the
trial of the person charged with the crime in question.
(2) A report or a copy of a report made by a physicist,
chemist, medical examiner, physician, firearms identification
expert, examiner of questioned documents, fingerprint technician,
or an expert or technician in some comparable scientific or
professional field, concerning the results of an examination,
comparison or test performed by such person in connection with a
case which is the subject of a grand jury proceeding, shall, when
certified by such person as a report made by such person or as a
true copy thereof, be received in evidence in the grand jury
proceeding.
(3) An affidavit of a witness who is unable to appear before
the grand jury shall be received in evidence in the grand jury
proceeding if, upon application by the district attorney, the
presiding judge for the judicial district in which the grand jury
is sitting authorizes such receipt after good cause has been
shown for the witness' inability to appear. An affidavit taken in
another state or territory of the United States, the District of
Columbia or in a foreign country must be authenticated as
provided in ORS 194.505 to 194.575 before it can be used in this
state.
(4) A grand jury that is investigating a charge of criminal
driving while suspended or revoked under ORS 811.182 may receive
in evidence an affidavit of a peace officer with a report or copy
of a report of the peace officer concerning the peace officer's
investigation of the violation of ORS 811.182 by the defendant.
(5) A grand jury may receive testimony of a witness by means of
simultaneous television transmission allowing the grand jury and
district attorney to observe and communicate with the witness and
the witness to observe and communicate with the grand jury and
the district attorney.
Enrolled House Bill 2333 (HB 2333-INTRO) Page 1
(6) A grand jury that is investigating a charge of failure to
appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive
in evidence an affidavit of a court employee certifying that the
defendant failed to appear as required by law and setting forth
facts sufficient to support that conclusion.
(7)(a) Except as otherwise provided in this subsection, a grand
jury may receive in evidence through the testimony of one peace
officer involved in the criminal investigation under grand jury
inquiry information from an official report of another peace
officer involved in the same criminal investigation concerning
the other peace officer's investigation of the matter before the
grand jury. The statement of a person suspected of committing an
offense or inadmissible hearsay of persons other than the peace
officer who compiled the official report may not be presented to
a grand jury under this paragraph.
(b) If the official report contains evidence other than chain
of custody, venue or the name of the person suspected of
committing an offense, the grand jurors must be notified that the
evidence is being submitted by report and that the peace officer
who compiled the report will be made available for testimony at
the request of the grand jury. When a grand jury requests the
testimony of a peace officer under this paragraph, the peace
officer may present sworn testimony by telephone if requiring the
peace officer's presence before the grand jury would constitute
an undue hardship on the peace officer or the agency that employs
or utilizes the peace officer.
(8) A grand jury that is investigating a charge of failure to
report as a sex offender under ORS 181.599 may receive in
evidence certified copies of the form required by ORS 181.603 (2)
and sex offender registration forms and an affidavit of a
representative of the Oregon State Police, as keepers of the
state's sex offender registration records, certifying that the
certified copies of the forms constitute the complete record for
the defendant.
(9) The grand jury is not bound to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it;
and when it believes that other evidence within its reach will
explain away the charge, it should order such evidence to be
produced, and for that purpose may require the district attorney
to issue process for the witnesses.
(10) A grand jury that is investigating a charge of driving
while under the influence of intoxicants in violation of ORS
813.010 may receive in evidence an affidavit of a peace officer
regarding any or all of the following:
(a) Whether the defendant was driving.
(b) Whether the defendant took or refused to take tests under
any provision of ORS chapter 813.
(c) The administration of tests under any provision of ORS
chapter 813 and the results of such tests.
(d) The officer's observations of physical or mental impairment
of the defendant.
{ + (11)(a) A grand jury may receive in evidence an affidavit
of a representative of a financial institution for the purpose of
authenticating records of the financial institution.
(b) As used in this subsection, 'financial institution ' means
a financial institution as defined in ORS 706.008, an entity that
regularly issues, processes or services credit cards or any other
comparable entity that regularly produces financial records. + }
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Enrolled House Bill 2333 (HB 2333-INTRO) Page 2
Passed by House April 8, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 22, 2009
...........................................................
President of Senate
Enrolled House Bill 2333 (HB 2333-INTRO) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2333 (HB 2333-INTRO) Page 4