Chapter 605 Oregon Laws 1999
Session Law
AN ACT
HB 3265
Relating to justice courts;
amending ORS 51.050, 51.100, 51.300, 52.040, 54.160, 689.045 and 689.185; and
repealing ORS 51.040, 51.060 and 52.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 51.050 is amended to read:
51.050. (1) Except as otherwise provided in [subsection (2) of] this section, in
addition to the criminal jurisdiction of justice courts already conferred upon
and exercised by them, justice courts have jurisdiction of all [misdemeanors] offenses committed or triable in their respective counties. The jurisdiction conveyed by this section
is concurrent with any jurisdiction that may be exercised by a circuit court or
municipal court.
(2) Any defendant charged with a misdemeanor in a justice court
after entering a plea of not guilty, shall be immediately notified of the right
of the defendant to have the matter transferred to the circuit court for the
county where the justice court is located. The election shall be made within 10
days after the plea of not guilty is entered, and the justice shall immediately transfer the case to the
appropriate court.
(3) A justice court does
not have jurisdiction over the trial of any felony. Except as provided in ORS
51.037, a justice court does not have jurisdiction over offenses created by the
charter or ordinance of any city.
SECTION 2.
ORS 51.100 is amended to read:
51.100. [In an action to
recover a penalty or forfeiture given by statute, the cause of action, or some
part thereof, must have arisen within the county where the action is commenced,
or upon a lake, river or other water bordering upon such county and opposite thereto;
but otherwise than this the jurisdiction of a justice court does not depend
upon where the cause arose; provided, that the plaintiff or defendant shall
reside in the district where the action is commenced, or personal service can
be had on the defendant in any district in the county; and further provided,
that in counties having a population exceeding 80,000 inhabitants, no action in
a justice court shall be commenced except in the district where the defendant
resides or may be found, and if the defendant does not reside in the state the
action may be commenced in any justice district in the state; provided,
however, that where the plaintiff and defendant reside in the same justice of
the peace district having a population of 5,000 or more and where there is a
duly qualified and acting justice of the peace, the action shall be commenced
in that district.]
(1) Except as provided
in this section, a civil action subject to the jurisdiction of a justice court
must be commenced in the county where one of the parties resides.
(2) If a defendant in a
civil action subject to the jurisdiction of a justice court does not reside in
this state, the action may be commenced in any justice district of this state.
(3) If all parties reside in
the same justice district, a civil action may be brought only in the justice
court for that justice district.
(4) Motions for change of
venue in justice courts are subject to the same laws governing change of venue
in circuit court.
SECTION 3.
ORS 51.300 is amended to read:
51.300. A judge of the circuit court for a county, or any justice of the peace for a justice
court district located within the county, may exercise the powers and
duties of justice of the peace of any justice court in the county:
(1) At the request of the justice of the peace of the justice
court;
(2) In the event of a vacancy in the office of the justice of
the peace, until the vacancy is filled as provided by law; or
(3) In the event of the absence, incapacity or disqualification
of the justice of the peace, during the period of such absence, incapacity or
disqualification.
SECTION 4.
ORS 52.040 is amended to read:
52.040. ORS 33.015 to 33.155, defining contempts[,] and the [proceeding] proceedings
for imposing sanctions for contempt, [shall
apply] apply to justice courts[, except as otherwise specially provided in
ORS 52.050].
SECTION 5.
ORS 54.160 is amended to read:
54.160. [If a person duly
summoned to attend a justice court as a juror fails to attend as required or to
give a valid excuse therefor, the person may be fined by the justice in a sum
not exceeding $10.] A person duly
summoned to attend a justice court as a juror may be punished by the justice of
the peace as provided for contempt of court if:
(1) The person fails to
attend the justice court as required or fails to give a valid excuse for not
attending;
(2) The person fails to give
attention to matters before the jury;
(3) The person leaves the
court without permission while the court is in session; or
(4) The person without valid
excuse otherwise fails to complete required jury service.
SECTION 6.
ORS 689.045 is amended to read:
689.045. If any provision of ORS [51.040,] 167.203, 414.325, 430.405, 435.010, 453.025, 475.005,
475.135, 475.185, 475.992, 475.995 and 616.855 and ORS chapter 689 is declared
unconstitutional or illegal, or the applicability of ORS [51.040,] 167.203, 414.325, 430.405, 435.010, 453.025, 475.005,
475.135, 475.185, 475.992, 475.995 and 616.855 and ORS chapter 689 to any
person or circumstances is held invalid by a court of competent jurisdiction,
the constitutionality or legality of the remaining provisions of ORS [51.040,] 167.203, 414.325, 430.405,
435.010, 453.025, 475.005, 475.135, 475.185, 475.992, 475.995 and 616.855 and
ORS chapter 689 and the application of ORS [51.040,]
167.203, 414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185,
475.992, 475.995 and 616.855 and ORS chapter 689 to other persons and
circumstances shall not be affected and shall remain in full force and effect
without the invalid provision or application.
SECTION 7.
ORS 689.185 is amended to read:
689.185. (1) The State Board of Pharmacy shall meet at least
once every three months to transact its business. One such meeting held during
each fiscal year of the state shall be designated by rule as the annual meeting
and shall be for the purpose of electing officers and for the reorganization of
the board. The board shall meet at such additional times as it may determine.
Such additional meetings may be called by the president of the board or by
majority of members of the board.
(2) The board shall meet at such place as it may from time to
time determine. The place for each meeting shall be determined prior to giving
notice of such meeting and shall not be changed after such notice is given
without adequate subsequent notice.
(3) Notice of all meetings of the board shall be given in the
manner and pursuant to requirements prescribed by the state's applicable rules.
(4) A majority of the members of the board shall constitute a
quorum for the conduct of a board meeting and, except where a greater number is
required by ORS [51.040,] 167.203,
414.325, 430.405, 435.010, 453.025, 475.005, 475.135, 475.185, 475.992, 475.995
and 616.855 and this chapter, or by any rule of the board, all actions of the
board shall be by a majority of a quorum.
(5) All board meetings and hearings shall be open to the
public. The board may, in its discretion and according to law, conduct any
portion of its meeting in executive session closed to the public.
SECTION 8. ORS 51.040, 51.060 and 52.050 are repealed.
Approved by the Governor
July 12, 1999
Filed in the office of
Secretary of State July 12, 1999
Effective date October 23,
1999
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