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 2174
 
                           A-Engrossed
 
                         House Bill 2682
                   Ordered by the House May 6
             Including House Amendments dated May 6
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
    { - Permits sureties to offer commercial security
release. - }
    { - Directs Director of Department of Consumer and Business
Services to adopt rules establishing commercial surety licensing
program. - }
   { +  Directs joint legislative interim committee on judiciary
to conduct study of feasibility and advisability of instituting
system of commercial surety bail. Directs committee to make
recommendations to next regular or special session of Legislative
Assembly.
  Declares emergency, effective July 1, 2009. + }
 
                        A BILL FOR AN ACT
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 legislative interim committee on
the judiciary shall conduct a study of the feasibility and
advisability of instituting a system of commercial surety bail in
the state of Oregon. The committee shall:
  (a) Examine the cost of the existing system of pretrial release
in Oregon and compare it to the cost of a pretrial release system
that relies on commercial surety bail, based on national
statistics.
  (b) Examine the failure-to-appear rate of the current pretrial
release system and compare it to the probable failure-to-appear
rate of a pretrial release system that relies on commercial
surety bail, based on national statistics.
  (c) Examine the impact on public safety of the operation of the
current pretrial release system and compare it 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) Examine the probable impact on jail populations of
instituting a pretrial release system that relies on commercial
surety bail, based on national statistics.
 
 
  (e) Examine the probable impact on the court system of
instituting a pretrial release system that relies on commercial
surety bail, based on national statistics.
  (f) Examine 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 study, the committee shall 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 on July 1,
2009. + }
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