Chapter 923 Oregon Laws 1999

Session Law

AN ACT

HB 2304

Relating to criminal procedure; creating new provisions; and amending ORS 136.290 and 136.295.

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

SECTION 1. ORS 136.290 is amended to read:

136.290. (1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.

(2) If a trial is not commenced within the period required by subsection (1) of this section, the court shall release the defendant on the own recognizance of the defendant, or in the custody of a third party, or upon whatever additional reasonable terms and conditions the court deems just as provided in ORS 135.230 to 135.290.

SECTION 2. ORS 136.295 is amended to read:

136.295. (1) ORS 136.290 does not apply to persons charged with crimes which are not releasable offenses under ORS 135.240 or to persons charged with conspiracy to commit murder, or charged with attempted murder, or to prisoners serving sentences resulting from prior convictions.

(2) If the defendant is extradited from another jurisdiction, the 60-day period shall not commence until the defendant enters the State of Oregon, provided that law enforcement authorities from the other jurisdiction and this state have conducted the extradition with all practicable speed. The original 60-day period shall not be extended more than an additional 60 days, except where delay has been caused by the defendant in opposing the extradition.

(3) Any reasonable delay resulting from examination or hearing regarding the defendant's mental condition or competency to stand trial, or resulting from other motion or appeal by the defendant, shall not be included in the 60-day period.

(4)(a) If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed or upon a showing of good cause, the court may order an extension of custody and postponement of the date of the trial of not more than 60 additional days. The court, for the same reason, may order a second extension of custody and postponement of the date of the trial of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.

(b) As used in this subsection, "good cause" means situations in which:

(A) The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;

(B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;

(C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;

(D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;

(E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;

(F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;

(G) The defendant has filed notice under ORS 161.309 of the defendant's intention to rely upon a defense of insanity or partial responsibility; or

(H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period.

(5) Any period following defendant's arrest in which the defendant is not actually in custody shall not be included in the 60-day computation.

SECTION 3. ORS 136.290, as amended by section 1 of this 1999 Act, is amended to read:

136.290. (1) Except as provided in ORS 136.295, a defendant shall not remain in custody pending commencement of the trial of the defendant more than 60 days after the time of arrest unless the trial is continued with the express consent of the defendant. [Absent the consent of the defendant or an extension under ORS 136.295, the court shall order that the trial of the defendant commence within 60 days after arrest if the state is prepared to proceed to trial.]

SECTION 4. ORS 136.295, as amended by section 2 of this 1999 Act, is amended to read:

(4)[(a)] If a victim or witness to the crime in question is unable to testify within the original 60-day period because of injuries received at the time the alleged crime was committed [or upon a showing of good cause], the court may order an extension [of custody and postponement of the date of the trial] of not more than 60 additional days. The court, for the same reason, may order a second extension [of custody and postponement of the date of the trial] of not more than 60 days, but in no event shall the defendant be held in custody before trial for more than a total of 180 days. [A court may grant an extension based upon good cause as described in paragraph (b)(C), (D) or (E) of this subsection only if requested by the defendant or defense counsel or by the court on its own motion.]

[(b) As used in this subsection, "good cause" means situations in which:]

[(A) The court failed to comply with ORS 136.145 and the victim is unable to attend the trial;]

[(B) The victim or an essential witness for either the state or the defense is unable to testify at the trial because of circumstances beyond the control of the victim or witness;]

[(C) The attorney for the defendant cannot reasonably be expected to try the case within the 60-day period;]

[(D) The attorney for the defendant has recently been appointed and cannot be ready to try the case within the 60-day period;]

[(E) The attorney for the defendant is unable to try the case within the 60-day period because of conflicting schedules;]

[(F) Scientific evidence is necessary and because of the complexity of the procedures it would be unreasonable to have the procedures completed within the 60-day period;]

[(G) The defendant has filed notice under ORS 161.309 of the defendant's intention to rely upon a defense of insanity or partial responsibility; or]

[(H) The defendant has filed any notice of an affirmative defense within the last 20 days of the 60-day period.]

(5) Any period following defendant's arrest in which the defendant is not actually in custody shall not be included in the 60-day computation.

SECTION 5. The amendments to ORS 136.290 and 136.295 by sections 3 and 4 of this 1999 Act become operative on January 1, 2004.

Approved by the Governor August 2, 1999

Filed in the office of Secretary of State August 2, 1999

Effective date October 23, 1999

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