House Joint Resolution 88 - Oregon Laws 1999

Session Law

Be It Resolved by the Legislative Assembly of the State of Oregon:

PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article I, such section to read:

(1) The people of the State of Oregon have the right to a public trial by a jury, without delay, in any criminal prosecution.

(2) This section applies to all criminal proceedings pending or commenced on or after the effective date of this section except when a trial before a judge, without a jury, is already in progress upon the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal proceeding at any point after the case is commenced or on appeal. Nothing in this section shall be construed to require a jury trial in any juvenile court proceeding.

(3) The prosecuting attorney is the party authorized to assert or waive the right established by this section. Nothing in this section shall be construed as modifying or limiting the authority of the prosecuting attorney to enter into negotiated pleas and dispositions in criminal prosecutions.

PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at a special election held throughout this state on the date specified in section 2, chapter 911, Oregon Laws 1999 (Enrolled House Bill 2354).

Filed in the office of Secretary of State July 30, 1999

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