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 1920
 
                         Senate Bill 380
 
Sponsored by Senator DEVLIN
 
 
                             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 as
introduced.
 
  Authorizes testimony of expert witness in criminal trial by
simultaneous electronic transmission with written consent of
parties.
 
                        A BILL FOR AN ACT
Relating to testimony in criminal proceedings; amending ORS
  131.045 and 136.420.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 136.420 is amended to read:
  136.420. In a criminal action, the testimony of a witness shall
be given orally in the presence of the court and jury,
except { + :
  (1) + } In the case of a witness whose testimony is taken by
deposition by order of the court in pursuance of the consent of
the parties, as provided in ORS 136.080 to 136.100 { + ; or
  (2) As provided in ORS 131.045 + }.
  SECTION 2. ORS 131.045 is amended to read:
  131.045. (1) As used in this section:
  (a) 'Criminal proceeding' has the meaning given that term in
ORS 131.005.
  (b) 'Parties' means the State of Oregon and the person being
prosecuted.
  (c) 'Simultaneous electronic transmission' means television,
telephone or any other form of electronic communication
transmission if the form of transmission allows:
  (A) The court and the person making the appearance to
communicate with each other during the proceeding;
  (B) A defendant who is represented by counsel to consult
privately with defense counsel during the proceeding;
  (C) The victim to participate in the proceeding to the same
extent that the victim is entitled to participate when the person
making the appearance is physically present in the court; and
  (D) The public to hear and, if the transmission includes a
visual image, to see the appearance if the public has a right to
hear and see the appearance when the person making the appearance
is physically present in the court.
  (2) When a statute authorizes or requires a person to make a
personal appearance before a court in a criminal proceeding, the
person may appear by being physically present in the court or by
simultaneous electronic transmission if:
 
  (a) Simultaneous electronic transmission is authorized by court
rule under subsection (3) of this section;
  (b) Except as otherwise provided by law, the parties in the
proceeding and the court agree to appearance by simultaneous
electronic transmission; and
  (c) Appearance by simultaneous electronic transmission is not
specifically prohibited by statute.
  (3) In order for a person to appear by simultaneous electronic
transmission as provided in this section, court rules must
provide for the use of the specific type of simultaneous
electronic transmission at the court location and for the type of
proceeding in which the person is appearing. Court rules allowing
the use of simultaneous electronic transmission may establish
requirements for its use.
  (4) Notwithstanding subsection (2) of this section { +  and
except as provided in subsection (6) of this section + }, a
person may not appear before a jury by simultaneous electronic
transmission.
  (5) This section does not apply to a hearing under ORS 138.510
to 138.680.
   { +  (6) With the written consent of the parties, the court
may allow an expert witness in a criminal action to provide
testimony before a jury by simultaneous electronic
transmission. + }
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