75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to SB 270
LC 838/SB 270-8
HOUSE AMENDMENTS TO
SENATE BILL 270
By COMMITTEE ON JUDICIARY
June 2
On page 1 of the printed bill, line 2, delete '18.005,' and
insert '10.030,'.
In line 3, delete 'and 135.707' and insert ', 135.707, 416.440
and 419A.200'.
On page 4, line 33, delete '21.410' and insert '21.410 (1)(a)'.
On page 5, delete lines 6 through 45.
On page 6, delete lines 1 through 18 and insert:
' { + SECTION 6. + } { + Section 7 of this 2009 Act is added
to and made a part of ORS chapter 18. + }
' { + SECTION 7. + } { + Except as provided in ORS 416.440
(6), a supplemental judgment may only contain provisions that
were not included in the general judgment. + } ' .
In line 19, delete '7' and insert '8'.
On page 7, line 3, delete '8' and insert '9'.
In line 14, delete '9' and insert '10'.
After line 16, insert:
' { + SECTION 11. + } ORS 416.440 is amended to read:
' 416.440. (1) The documents required to be filed for purposes
of subsection (2) of this section include all the following:
' (a) A true copy of any order entered, filed or registered by
the administrator or administrative law judge pursuant to ORS
416.400 to 416.465 or ORS chapter 110.
' (b) A true copy of the return of service, if applicable.
' (c) A separate statement containing the information required
to be contained in a judgment under ORS 18.042 (2).
' (2) The documents described under subsection (1) of this
section shall be filed in the office of the clerk of the circuit
court in the county in which either the parent or the dependent
child resides or in the county where the court order was entered
if the administrative order is an order modifying a court order.
Upon receipt of the documents, the clerk shall enter the order in
the register of the circuit court, shall note in the register
that the order creates a lien and shall make the notations
required by ORS 18.075 in the judgment lien record maintained
under ORS 18.075.
' (3) Upon entry in the register under subsection (2) of this
section, the order shall have all the force, effect and
attributes of a judgment of the circuit court, including but not
limited to:
' (a) Creation of a judgment lien under ORS chapter 18; and
' (b) Ability to be enforced by contempt proceedings and
pursuant to ORS 18.252 to 18.993.
' (4) Notwithstanding subsection (3) of this section, an
administrative order modifying a court order shall not become
effective until reviewed and approved by the court under ORS
416.425 (10).
' (5) Notwithstanding subsections (2) and (3) of this section,
the entry in the register of an order of the administrator or
administrative law judge does not preclude any subsequent
proceeding or remedy available under ORS 416.400 to 416.465.
' { + (6) An order filed under this section that modifies a
previously filed order or a previously entered judgment may
contain provisions that were included in the order or
judgment. + }
' { - (6) - } { + (7) + } A court or administrative order of
another state may be filed, or if appropriate, registered,
pursuant to this section for the purposes of ORS chapter 110.
Notwithstanding any other provision of this chapter, an order of
another state registered pursuant to ORS 110.405, 110.408 and
110.411 may not be modified unless the requirements of ORS
110.432 are met.
'
{ + RECORDS ON APPEAL FROM JUVENILE COURT JUDGMENTS + }
' { + SECTION 12. + } ORS 419A.200 is amended to read:
' 419A.200. (1) Except as provided in ORS 419A.190, any person
or entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court must be taken to the Court of Appeals, and an appeal from a
county court must be taken to the circuit court.
' (2) If the proceeding is in the circuit court and no record
of the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court may not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child, ward,
youth or youth offender affected by such case. If a rehearing is
held, the time for taking an appeal runs from the date of entry
of the court's judgment after the rehearing.
' (3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
' (A) On all parties who have appeared in the proceeding;
' (B) On the trial court administrator or other person serving
as clerk of the juvenile court; and
' (C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
' (b) The original of the notice with proof of service must be
filed with:
' (A) The Court of Appeals if the appeal is from a circuit
court; or
' (B) The circuit court if the appeal is from a county court.
' (c) The notice must be filed not later than 30 days after the
entry of the court's judgment. On appeal from the county court,
the circuit court shall hear the matter de novo and its judgment
is appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
' (4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents. If the party requesting an appeal
is represented by court-appointed counsel, court-appointed
counsel may discharge the duty to commence an appeal under this
subsection by complying with policies and procedures established
by the office of public defense services for appeals of juvenile
court judgments.
' (5)(a) Upon motion of a person, other than the state,
entitled to appeal under subsection (1) of this section, the
appellate court shall grant the person leave to file a notice of
appeal after the time limits described in subsection (3) of this
section if:
' (A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
' (B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
' (b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
' (c) The request for leave to file a notice of appeal after
the time limits prescribed in subsection (3) of this section must
be filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
' (d) The court may not grant relief under this subsection
unless the state has notice and opportunity to respond to the
person's request for relief.
' (6) An appeal to the Court of Appeals must be conducted in
the same manner as an appeal under ORS chapter 19 except that:
' (a) The court shall advance the appeal on the court's docket
in the same manner as appeals in criminal cases; and
' (b) The court's scope of review is de novo on the record.
' (7)(a) Except as provided in ORS 419A.208 (2), or when
otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor
discharge the ward or youth offender from the custody of the
person, institution or agency in whose custody the ward or youth
offender may have been placed nor preclude the juvenile court
after notice and hearing from entering such further orders
relating to the ward or youth offender's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order or judgment appealed
from. The trial court administrator shall immediately file
certified copies of any such order or judgment with the Court of
Appeals.
' (b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the ward who is subject to
the judgment from which the appeal is taken.
' (c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
must be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
' (8) On appeal of a judgment or final order, the appellate
court may review any interlocutory order that:
' (a) Involves the merits or necessarily affects the judgment
or final order appealed from; and
' (b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed.
' (9) The district attorney or Attorney General shall represent
the state in the appeal.
' { + (10)(a) The court from which an appeal is taken shall
prepare and transmit a record on appeal in the manner provided in
ORS 19.365, except that, when the appeal is to the circuit court
from a county court, the record on appeal shall be prepared and
transmitted by the county court to the circuit court.
' (b) The court to which an appeal is taken under this section
shall keep a record of the case on appeal that includes but is
not limited to notices of appeal, briefs, motions, orders of the
court and other papers filed with the court on appeal.
' (c) The record on appeal prepared and transmitted under
paragraph (a) of this subsection, when it is in the custody of
the court to which the appeal is taken, and the record of the
case on appeal kept under paragraph (b) of this subsection are
subject to the same limitations on inspection, copying and
disclosure of records, reports and materials as those set forth
under ORS 419A.255 and 419A.257.
' (d) The court on appeal may consent to disclosure of:
' (A) Records described in paragraph (a) of this subsection,
while in the custody of the court to which the appeal is taken,
in the same manner and under the same circumstances as the
juvenile court consents to disclosure under ORS 419A.255 and
419A.257; or
' (B) Records described in paragraph (b) of this subsection.
' (e) Notwithstanding any other provision of law, any decision,
as that term is defined in ORS 19.450, issued by the Court of
Appeals or the Supreme Court, on appeal or review of a juvenile
court decision, is not confidential and is not exempt from
disclosure. + }
'
{ + JUROR ELIGIBILITY + }
' { + SECTION 13. + } ORS 10.030, as amended by section 4,
chapter 70, Oregon Laws 2007, and section 13, chapter 100, Oregon
Laws 2007, is amended to read:
' 10.030. (1) Except as otherwise specifically provided by
statute, the opportunity for jury service may not be denied or
limited on the basis of race, religion, sex, sexual orientation,
national origin, age, income, occupation or any other factor that
discriminates against a cognizable group in this state.
' (2) Any person is eligible to act as a juror in a civil trial
unless the person:
' (a) Is not a citizen of the United States;
' (b) Does not live in the county in which summoned for jury
service;
' (c) Is less than 18 years of age; or
' (d) Has had rights and privileges withdrawn and not restored
under ORS 137.281.
' (3)(a) Any person is eligible to act as a { + grand juror,
or as a + } juror in a criminal trial, { - beginning on or
after December 5, 1996, - } unless the person:
' (A) Is not a citizen of the United States;
' (B) Does not live in the county in which summoned for jury
service;
' (C) Is less than 18 years of age;
' (D) Has had rights and privileges withdrawn and not restored
under ORS 137.281; { - or - }
' (E) Has been convicted of a felony or served a felony
sentence within the { - prior - } 15 years { + immediately
preceding the date the person is required to report for jury
service; or
' (F) Has been convicted of a misdemeanor involving violence or
dishonesty, or has served a misdemeanor sentence based on a
misdemeanor involving violence or dishonesty, within the five
years immediately preceding the date the person is required to
report for jury service + }.
' (b) As used in this subsection:
' (A) 'Felony sentence' includes any incarceration, post-prison
supervision, parole or probation imposed upon conviction of a
felony or served as a result of conviction of a felony.
' (B) 'Has been convicted of a felony' has the meaning given
that term in ORS 166.270.
' { + (C) 'Misdemeanor sentence' includes any incarceration
or probation imposed upon conviction of a misdemeanor or served
as a result of conviction of a misdemeanor. + }
' (4) A person who is blind, hard of hearing or speech impaired
or who has a physical disability is not ineligible to act as a
juror and may not be excluded from a jury list or jury service on
the basis of blindness, hearing or speech impairment or physical
disability alone.
' (5) A person is ineligible to act as a juror in any circuit
court of this state within 24 months after being discharged from
jury service in a federal court in this state or circuit court of
this state unless that person's service as a juror is required
because of a need for additional jurors.
' { - (6) In addition to the disqualifications listed in
subsection (2) of this section, a person is ineligible to act as
a juror on a grand jury if the person has been convicted of a
felony, other than a felony traffic offense, or has served a
felony sentence, other than a sentence for a felony traffic
offense, within the prior 15 years. As used in this subsection, '
conviction' means an adjudication of guilt upon a verdict or
finding entered in a criminal proceeding in a court of competent
jurisdiction. - } '.
In line 20, delete '10' and insert '14'.
In line 23, delete '11' and insert '15'.
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