Chapter 805 Oregon Laws 1999

Session Law

 

AN ACT

 

HB 2853

 

Relating to peace officers.

 

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

 

      SECTION 1. Notwithstanding ORS 9.160 and 9.320, in any trial of an infraction or violation, whether created by ordinance or statute, in which a city attorney or district attorney is barred from appearing by statute, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:

      (1) The application of statutes and rules to the facts in the case;

      (2) The literal meaning of the statutes or rules at issue in the case;

      (3) The admissibility of evidence; and

      (4) Proper procedures to be used in the trial.

      SECTION 2. If Senate Bill 20 becomes law, section 1 of this 1999 Act is amended to read:

      Sec. 1. Notwithstanding ORS 9.160 and 9.320, in any trial of [an infraction or] a violation, whether created by ordinance or statute, in which a city attorney or district attorney is barred from appearing by statute, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:

      (1) The application of statutes and rules to the facts in the case;

      (2) The literal meaning of the statutes or rules at issue in the case;

      (3) The admissibility of evidence; and

      (4) Proper procedures to be used in the trial.

      SECTION 3. The amendments to section 1 of this 1999 Act by section 2 of this 1999 Act become operative January 1, 2000.

 

Approved by the Governor July 20, 1999

 

Filed in the office of Secretary of State July 20, 1999

 

Effective date October 23, 1999

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