70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 1304
Sponsored by Senator LIM; Senator STARR
CHAPTER ................
AN ACT
Relating to jury service; creating new provisions; amending ORS
10.050, 10.065, 10.075, 132.030 and 221.349; repealing ORS
10.060; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 10.050 is amended to read:
10.050. (1) A judge of the court or clerk of court shall excuse
a person from acting as a juror upon a showing of undue hardship
or extreme inconvenience to the person, the person's family, the
person's employer or the public served by the person. In
applying this subsection the judge or clerk of court shall
carefully consider and weigh both the public need for juries
which are representative of the full community and the individual
circumstances offered as a justification for excuse from jury
service. A person may request and be granted excuse from jury
service under this subsection by means of telephone communication
or mail.
(2) Notwithstanding ORS 10.030 (4), a judge may, by own motion,
excuse a juror whose presence on the jury would substantially
impair the progress of the action on trial or prejudice the
parties thereto.
(3) A judge of the court or clerk of court shall excuse a
person from acting as a juror upon the request of that person if
the person is 70 years of age or older. A person may request and
be granted excuse from jury service under this subsection by
means of telephone communication or mail.
{ + (4) A judge of the court or clerk of court shall excuse a
woman from acting as a juror upon the request of the woman if the
woman is breast-feeding a child. A request for excuse from jury
service under this subsection must be made in writing.
(5) Unless the public need for juries in the court outweighs
the individual circumstances of the person summoned, a judge of
the court or clerk of court shall excuse a person from acting as
a juror upon the request of that person if the person is the sole
caregiver for a child or other dependent during the court's
normal hours of operation, the person is unable to afford day
care or make other arrangements for the care of the dependent,
and the person personally attends to the dependent during the
court's normal hours of operation. + }
SECTION 2. ORS 132.030 is amended to read:
132.030. Neither the grand jury panel nor any individual juror
may be challenged. A judge of the court or clerk of court, as
defined in ORS 10.010, may at any time after a juror is drawn and
Enrolled Senate Bill 1304 (SB 1304-B) Page 1
before the juror is sworn excuse the juror from jury service for
any reason prescribed in ORS 10.050 { - (1) - } .
SECTION 3. { + ORS 10.060 is repealed and section 4 of this
1999 Act is enacted in lieu thereof. + }
SECTION 4. { + (1) The fee of jurors in courts other than
circuit courts is $10 for each day's required attendance.
(2) The fee of jurors in circuit courts is:
(a) For the first two days of required attendance during a term
of service, a per diem fee equal to $10; and
(b) For the third and subsequent days of required attendance
during a term of service, a fee equal to the number of hours
served multiplied by the minimum hourly wage established under
ORS 653.025, but in no event less than $10 per day or more than
$50 per day.
(3) Unless otherwise provided by the terms of an employment
agreement, a juror must waive the juror's fee provided for in
subsection (1) or (2) of this section if the juror is paid a wage
or salary by the juror's employer for the days that the juror is
required to attend a circuit court. The provisions of this
subsection do not affect any claim a juror may have for mileage
reimbursement under ORS 10.065.
(4) In addition to the fees and mileage prescribed in
subsection (1) of this section and ORS 10.065 for service in a
court other than a circuit court, the governing body of a city or
county may provide by ordinance for an additional juror fee and
for city or county reimbursement of jurors for mileage and other
expenses incurred in serving as jurors in courts other than
circuit courts. + }
SECTION 5. ORS 10.065 is amended to read:
10.065. { + (1) + } { - Every juror whose fees are - } { +
In addition to the fees + } prescribed in { - ORS 10.060 - }
{ + section 4 of this 1999 Act, a juror + } who is required to
travel from the juror's usual place of abode in order to execute
or perform service as a juror { - , in addition to the fees
prescribed in ORS 10.060, shall be entitled to - } { + in a
court other than a circuit court shall be paid + } mileage at the
rate of eight cents a mile for travel in going to and returning
from the place where the service is performed. { - Such juror
shall be entitled to such mileage for each day's attendance upon
court. - }
{ + (2) In addition to the fees prescribed in section 4 of
this 1999 Act, a juror who is required to travel more than 10
miles each way from the juror's usual place of abode in order to
execute or perform service as a juror in a circuit court shall be
paid mileage for travel in going to and returning from the place
where the service is performed. The mileage payment may be based
on actual costs of travel or on the rate established by the
Oregon Department of Administrative Services under ORS 292.250
for reimbursement for use of a privately owned motor vehicle on
official business. Mileage paid to a juror shall be based on the
shortest practicable route between the juror's residence and the
place where court is held.
(3) In addition to the fees prescribed in section 4 of this
1999 Act, the State Court Administrator may reimburse a juror who
uses public transportation to travel from the juror's usual place
of abode in order to execute or perform service as a juror in a
circuit court, without regard to the distance traveled by the
juror.
(4) In addition to the fees prescribed in section 4 of this
1999 Act, a juror serving in circuit court may be paid for
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lodging expenses, dependent care expenses and other reasonable
expenses that arise by reason of jury service. Expenses under
this subsection may be paid only upon written request of the
juror, made in such form and containing such information as may
be required by the State Court Administrator. The State Court
Administrator shall establish policies and procedures on
eligibility, authorization and payment of expenses under this
subsection. Payment of expenses under this subsection is subject
to availability of funds for the payment.
(5) A juror shall be paid the mileage and other expenses
provided for in this section for each day's attendance at court.
(6) The State Court Administrator shall establish policies and
procedures on eligibility, authorization and payment of mileage
and expenses under subsections (2) to (4) of this section. + }
SECTION 6. ORS 10.075 is amended to read:
10.075. (1) The per diem fees { - and - } { + , + } mileage
{ + and expenses + } due to each { - grand juror and each
trial - } juror in the circuit court shall be paid by the state
from funds available for the purpose. Payment shall be made upon
a certified statement, prepared by the clerk of court, showing
the number of days each juror has served and the amount due each
juror for mileage { + and other expenses + }.
(2) If a { - grand jury or a trial - } jury in the circuit
court is provided food, drink, lodging or transportation by order
of the circuit court, the cost thereof shall be paid by the state
from funds available for the purpose.
{ + (3) Each circuit court shall offer each juror the
opportunity to waive receipt of the per diem and mileage expenses
otherwise payable to the juror for the purpose of funding
Judicial Department programs and activities identified by the
Chief Justice of the Supreme Court. All amounts waived by a juror
under the provisions of this subsection are continuously
appropriated to the Judicial Department programs and activities
that are identified by the Chief Justice for receipt of the
waived amounts, and may be used only for the purposes of those
programs and activities. + }
{ - (3) - } { + (4) + } This section does not apply to
mileage and other expenses of jurors reimbursed by a county as
provided in { - ORS 10.060 (2) - } { + section 4 (4) of this
1999 Act + }.
SECTION 7. ORS 221.349 is amended to read:
221.349. (1) In all prosecutions for any crime defined and made
punishable by any city charter or ordinance the defendant shall
have the right of trial by jury, of six in number. Juries shall
be selected from the latest tax roll and registration books used
at the last city election in the same manner in which juries are
selected for circuit courts. The verdict of the jury shall be
unanimous.
(2) Where provision is made for the payment of jury fees by the
defendant as a deposit to { - insure - } { + ensure + } a
jury trial, and where the defendant is found not guilty, the
deposit shall be returned to the defendant.
(3) The deposit required by the municipal, city or recorder's
court to { - insure - } { + ensure + } the right of trial by
jury, under the charter of the city, shall not be greater than
that provided by
{ - ORS 10.060 in relation to justice - } { + section 4 of
this 1999 Act in courts other than circuit + } courts for payment
for each juror sworn multiplied by the number of jurors
constituting a jury under the terms of the charter.
Enrolled Senate Bill 1304 (SB 1304-B) Page 3
SECTION 8. { + (1) Section 4 of this 1999 Act and the
amendments to ORS 10.065, 10.075 and 221.349 by sections 5, 6 and
7 of this 1999 Act become operative on July 1, 2001.
(2) Section 4 of this 1999 Act and the amendments to ORS
10.065, 10.075 and 221.349 by sections 5, 6 and 7 of this 1999
Act apply only to jurors summoned on or after July 1, 2001. + }
SECTION 9. { + Section 10 of this 1999 Act is added to and
made a part of ORS chapter 10. + }
SECTION 10. { + The Chief Justice of the Supreme Court shall
take all reasonable actions necessary to expedite implementation
of juror service procedures for circuit courts that will allow a
person called for jury service to serve for one day, or for one
trial if selected to serve on a trial. + }
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Passed by Senate June 29, 1999
Repassed by Senate July 22, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 15, 1999
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Speaker of House
Enrolled Senate Bill 1304 (SB 1304-B) Page 4
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 1304 (SB 1304-B) Page 5