Chapter 615 Oregon Laws 1999

Session Law

AN ACT

SB 78

Relating to detention of juveniles; amending ORS 419C.100 and 419C.370.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419C.370 is amended to read:

419C.370. (1) The juvenile court may enter an order directing that all cases involving:

(a) Violation of a law or ordinance relating to the use or operation of a motor vehicle, boating laws or game laws be waived to criminal or municipal court; and

(b) Property offenses be waived to municipal court if the municipal court has agreed to accept jurisdiction.

(2) Cases waived under subsection (1) of this section are subject to the following:

(a) That the criminal or municipal court prior to hearing a case, other than a case involving a parking violation, in which the defendant is or appears to be under 18 years of age notify the juvenile court of that fact; and

(b) That the juvenile court may direct that any such case be waived to the juvenile court for further proceedings.

(3)(a) When a person who has been waived under subsection (1)(b) of this section is convicted of a property offense, the municipal court may impose any sanction authorized for the offense except for incarceration. The municipal court shall notify the juvenile court of the disposition of the case.

(b) When a person has been waived under subsection (1) of this section and fails to appear as summoned or is placed on probation [under this subsection] and is alleged to have violated a condition of the probation, the juvenile court may recall the case to the juvenile court for further proceedings. When a person has been returned to juvenile court under this paragraph, the juvenile court may proceed as though the child had failed to appear as summoned to the juvenile court or had violated a juvenile court probation order under ORS 419C.446.

(4) As used in this section, "property offenses" means:

(a) Any misdemeanor involving the theft, destruction, tampering with or vandalism of property; and

(b) Any offense having as an element the use or possession of tobacco products, as defined in ORS 431.840.

SECTION 2. ORS 419C.100 is amended to read:

419C.100. The person taking the youth into custody under ORS 419C.080 and 419C.088 shall release the youth to the custody of the youth's parent, guardian or other responsible person in this state, except in the following cases:

(1) Where the court has issued a warrant of arrest against the youth.

(2) Where the person taking the youth into custody has probable cause to believe that the welfare of the youth or others may be [immediately] endangered by the release of the youth.

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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