Chapter 918 Oregon Laws 1999
Session Law
AN ACT
HB 2353
Relating to ballot titles;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The ballot title for the amendment
proposed by House Joint Resolution 87 (1999), if House Joint Resolution 87 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: GRANTS VICTIMS CONSTITUTIONAL RIGHTS IN CRIMINAL
PROSECUTIONS, JUVENILE COURT DELINQUENCY PROCEEDINGS.
RESULT OF "YES" VOTE: "Yes" vote grants victims
specified constitutional rights in criminal prosecutions, juvenile court
delinquency proceedings.
RESULT OF "NO" VOTE: "No" vote leaves victims
without specific constitutional rights in criminal prosecutions, juvenile court
delinquency proceedings.
SUMMARY: Amends Constitution. Currently, Constitution does not grant
specific rights to victims in criminal prosecutions or juvenile court
delinquency proceedings, although there are statutory rights. Measure places
specific victims' rights in Constitution, including the right to: be present
at, and on request to advance notice of, open court proceedings when defendant
will be present; be heard at pretrial release hearing, sentencing and juvenile
court delinquency disposition; obtain information on request about conviction,
sentence, imprisonment, criminal history and release of defendant or youth
offender; prompt restitution from convicted criminal; refuse certain discovery
requests; be consulted about certain plea negotiations; receive certain
transcripts.
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(2) Notwithstanding ORS
250.035, the caption for the title applicable to the amendment proposed by
House Joint Resolution 87 (1999) may not include more than 11 words and the
summary may not include more than 100 words.
SECTION 2. (1) The ballot title for the amendment
proposed by House Joint Resolution 88 (1999), if House Joint Resolution 88 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: GIVES PUBLIC, THROUGH PROSECUTOR, RIGHT TO DEMAND
JURY TRIAL IN CRIMINAL CASES.
RESULT OF "YES" VOTE: "Yes" vote gives public,
through prosecutor, right to demand jury trial in criminal cases.
RESULT OF "NO" VOTE: "No" vote retains current
right of accused person to waive jury with approval of judge and leaves public
without right to demand jury trial in criminal cases.
SUMMARY: Amends Constitution. Oregon Constitution currently grants only
accused person right to demand jury trial in criminal prosecution. Measure
grants public, through prosecutor, an independent constitutional right to demand
jury trial in criminal cases. Currently accused person can waive jury trial
with consent of trial court judge and have case tried to court alone. If
measure is approved, prosecutor could demand jury trial if accused person
requests trial without jury; prosecutor's demand would prevail. Does not
require jury in juvenile court.
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(2) Notwithstanding ORS
250.035, the caption for the title applicable to the amendment proposed by
House Joint Resolution 88 (1999) may not include more than 12 words, the result
statements may not include more than 27 words and the summary may not include
more than 80 words.
SECTION 3. (1) The ballot title for the amendment
proposed by House Joint Resolution 89 (1999), if House Joint Resolution 89 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: PERSONS CONVICTED OF CERTAIN CRIMES CANNOT SERVE ON
GRAND JURIES, CRIMINAL TRIAL JURIES.
RESULT OF "YES" VOTE: "Yes" vote creates
constitutional ban on persons convicted of certain crimes serving on grand
juries, criminal trial juries.
RESULT OF "NO" VOTE: "No" vote leaves Constitution
without ban on persons convicted of crimes serving on grand juries, criminal
trial juries.
SUMMARY: Amends Constitution. Measure would ban service on grand
juries, criminal trial juries by persons convicted of felony or who served
felony sentence within 15 years immediately preceding the date the persons are
required to report for jury duty. Measure would also ban service on grand
juries, criminal trial juries by persons convicted of misdemeanors involving
violence or dishonesty or who served sentences for such misdemeanors within
five years immediately preceding the date the persons are required to report
for jury duty. Currently, a statutory ban on trial jury service by a felon
exists. No constitutional ban on jury service by a felon or a person convicted
of a misdemeanor exists. Does not create cause of action for compensation or
damages. Does not allow disqualifying jury, nullifying verdict or indictment,
terminating criminal prosecution after jury impaneled and sworn. Does not apply
to criminal proceedings when jury impaneled prior to measure's effective date.
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(2) Notwithstanding ORS
250.035, the caption for the title applicable to the amendment proposed by
House Joint Resolution 89 (1999) may not include more than 13 words, the result
statements may not include more than 18 words and the summary may not include
more than 155 words.
SECTION 4. (1) The ballot title for the amendment
proposed by House Joint Resolution 90 (1999), if House Joint Resolution 90 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: LIMITS PRETRIAL RELEASE OF ACCUSED PERSON TO
PROTECT VICTIMS, PUBLIC.
RESULT OF "YES" VOTE: "Yes" vote limits pretrial
release of persons accused of violent felonies to protect victims, public.
RESULT OF "NO" VOTE: "No" vote leaves current
Oregon statutory pretrial release and constitutional bail provisions unchanged.
SUMMARY: Amends Constitution. Grants victims right to reasonable
protection from accused person or convicted criminal throughout criminal
justice process, and from alleged youth offender or youth offender throughout
juvenile delinquency process. Prosecuting attorney is the person authorized to
assert rights of victims and public. Pretrial release in criminal cases must be
based on reasonable protection of victims and public as well as likelihood
accused person will appear for trial. Makes violent felonies not bailable when
court finds probable cause to believe accused person committed crime, and
danger exists of physical injury or sexual victimization to victims or public
if accused person released before trial.
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(2) Notwithstanding ORS
250.035, the summary for the title applicable to the amendment proposed by
House Joint Resolution 90 (1999) may not include more than 105 words.
SECTION 5. The ballot title for the amendment proposed
by House Joint Resolution 92 (1999), if House Joint Resolution 92 is referred
to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: ALLOWS MURDER CONVICTION BY 11 TO 1 JURY VERDICT.
RESULT OF "YES" VOTE: "Yes" vote allows person to
be convicted by nonunanimous (11 to 1) jury verdict.
RESULT OF "NO" VOTE: "No" vote retains current
requirement of unanimous (12 to 0) jury verdict for murder conviction.
SUMMARY: Amends Constitution. Oregon Constitution currently permits
conviction for murder only on unanimous verdict of 12-person jury. Measure
would permit conviction for murder if 11 members of 12-person jury vote to
convict. Measure retains Oregon constitutional provision allowing acquittal on
10 to 2 vote. Unanimous verdict would still be required to convict a person of
aggravated murder, when the death sentence is possible. Applies to proceedings
pending or commenced on or after measure's effective date, except when jury
previously has been impaneled and sworn.
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SECTION 6. (1) The ballot title for the amendment
proposed by House Joint Resolution 93 (1999), if House Joint Resolution 93 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: LIMITS IMMUNITY FROM CRIMINAL PROSECUTION OF
PERSON ORDERED TO TESTIFY ABOUT HIS OR HER CONDUCT.
RESULT OF "YES" VOTE: "Yes" vote limits immunity
from criminal prosecution of person ordered to testify about his or her
conduct.
RESULT OF "NO" VOTE: "No" vote retains immunity
from criminal prosecution of person ordered to testify about his or her
conduct.
SUMMARY: Amends Constitution. Currently, a person may be ordered to
give testimony about a crime the person is suspected of committing only if
given complete immunity from prosecution for that crime. Measure would
eliminate complete immunity and allow person to be ordered to testify about
crime the person is suspected of committing, provided that in any criminal
trial against the person that testimony, and information derived from that
testimony, would be excluded from evidence and could not be used against the
person. A person who disobeyed an order to testify could be prosecuted for
contempt. Measure applies to criminal prosecutions and juvenile court
delinquency proceedings.
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(2) Notwithstanding ORS
250.035, the caption for the title applicable to the amendment proposed by
House Joint Resolution 93 (1999) may not include more than 16 words, the result
statements may not include more than 18 words and the summary may not include
more than 105 words.
SECTION 7. (1) The ballot title for the amendment
proposed by House Joint Resolution 94 (1999), if House Joint Resolution 94 is
referred to the people by the Seventieth Legislative Assembly, shall be:
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AMENDS CONSTITUTION: REQUIRES TERMS OF IMPRISONMENT ANNOUNCED IN COURT
BE FULLY SERVED, WITH EXCEPTIONS.
RESULT OF "YES" VOTE: "Yes" vote requires terms of
imprisonment announced in court be fully served, with exceptions; guarantees
consecutive sentencing authority.
RESULT OF "NO" VOTE: "No" vote retains
legislature's power to adopt laws setting aside or modifying terms of
imprisonment announced in court and to limit consecutive sentencing authority.
SUMMARY: Amends Constitution. Measure requires terms of imprisonment
imposed by judge in open court to be fully served. Effect is to eliminate
reductions for good conduct or other reasons unless authorized by sentencing
court and permitted by law. Provides exceptions for: reprieves, commutations or
pardons by Governor; relief from appellate or post-conviction court. Measure
would bar statutory change reducing imprisonment already imposed. Measure also
bars laws limiting consecutive sentences for crimes against certain victims.
Defines "victim" to include people of Oregon, represented by
prosecuting attorney, when no person has been determined to be victim. Person
accused of crime cannot be considered victim. Applies to offenses committed on
or after measure's effective date.
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(2) Notwithstanding ORS
250.035, the caption for the title applicable to the amendment proposed by
House Joint Resolution 94 (1999) may not include more than 12 words, the result
statements may not include more than 25 words and the summary may not include
more than 115 words.
SECTION 8. The procedure for review of a ballot title
prepared under sections 1 to 7 of this 1999 Act is as provided in ORS 250.085,
except that the Secretary of State by rule shall establish a deadline for
filing a petition with the Supreme Court.
SECTION 9. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect on its passage.
Approved by the Governor
August 2, 1999
Filed in the office of
Secretary of State August 2, 1999
Effective date August 2,
1999
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