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 2019
 
                           A-Engrossed
 
                         House Bill 3171
                  Ordered by the House April 27
            Including House Amendments dated April 27
 
Sponsored by Representatives OLSON, BARKER; Representatives
  GARRETT, THOMPSON, WHISNANT
 
 
                             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.
 
  Provides that judge or clerk of court may not defer jury
service for person more than once unless person seeks deferral
for
  { - specified emergency and person could not have anticipated
circumstances when first deferral was granted - }  { +  good
cause + }.
  Provides that employer may not require that employee use
vacation leave, sick leave or annual leave for time spent by
employee in responding to summons for jury duty and that employer
must allow employee to take leave without pay for time spent by
employee in responding to summons for jury duty.
 
                        A BILL FOR AN ACT
Relating to jury service; creating new provisions; and amending
  ORS 10.055 and 10.090.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 10.055 is amended to read:
  10.055.  { + (1) + } A judge of the court or clerk of court may
allow, for good cause shown, a person summoned to serve as a
juror for a particular jury service term to defer jury service to
any other term beginning within one year after the end of the
term for which the person was summoned.  { + Except as provided
in this section, a judge or clerk may not allow more than one
deferral to a person under this section. + } The name of a person
allowed to defer jury service shall be included with the names of
persons to be summoned as jurors for the subsequent term to which
jury service is deferred.
   { +  (2) A judge or clerk may allow more than one deferral of
jury duty under this section only for good cause. A person
requesting a deferral under this subsection must provide a list
of not less than 10 dates within the six-month period following
the date of the request on which the person would be able to
commence jury duty. + }
  SECTION 2.  { + The amendments to ORS 10.055 by section 1 of
this 2009 Act apply to all requests for deferral of jury service
made on or after the effective date of this 2009 Act. + }
  SECTION 3. ORS 10.090 is amended to read:
  10.090. (1) An employer shall not discharge or threaten to
discharge, intimidate, or coerce any employee by reason of the
employee's service or scheduled service as a juror on a grand
jury, trial jury or jury of inquest.
   { +  (2) An employer may not require that an employee use
vacation leave, sick leave or annual leave for time spent by the
employee in responding to a summons for jury duty, and the
employer shall allow the employee to take leave without pay for
time spent by the employee in responding to a summons for jury
duty. + }
    { - (2) - }  { +  (3) + } This section shall not be construed
to alter or affect an employer's policies or agreements with
employees concerning employees' wages during times when an
employee serves or is scheduled to serve as a juror.
    { - (3) - }  { +  (4) + } When summoning jurors, the person
whose duty it is under the law to summon shall notify each juror
of the juror's rights under this section.
    { - (4) - }  { +  (5) + } Upon complaint filed by a
prospective juror or a juror who has served or upon petition of
the district attorney, the circuit court shall have jurisdiction
to prevent and restrain violations of this section by issuing
appropriate orders, including but not limited to, reinstatement
of an employee discharged by reason of service as a juror, with
back pay for the time the employee was discharged.
  SECTION 4.  { + The amendments to ORS 10.090 by section 3 of
this 2009 Act apply only to leave taken by employees in response
to a summons for jury service issued on or after the effective
date of this 2009 Act. + }
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