Bill Text: OR SB780 | 2013 | Regular Session | Engrossed
Bill Title: Relating to grand juries; declaring an emergency.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB780 Detail]
Download: Oregon-2013-SB780-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3294
A-Engrossed
Senate Bill 780
Ordered by the Senate April 22
Including Senate Amendments dated April 22
Sponsored by Senator DINGFELDER; Senator SHIELDS, Representatives
FREDERICK, GALLEGOS, GREENLICK, KENY-GUYER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires grand jury proceeding involving use of deadly force by
police officer to be recorded { - , transcribed and made
available to public - } . { + Requires district attorney to
provide copy of recording or transcript to defendant if
indictment is found. Authorizes release of recording or
transcript to member of public in certain circumstances. Allows
district attorney to request permission from court to redact
portions of recording or transcript. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to grand juries; creating new provisions; amending ORS
132.090 and 132.430; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS 132.310 to 132.390. + }
SECTION 2. { + (1) As used in this section:
(a) 'Certified shorthand reporter' has the meaning given that
term in ORS 8.415.
(b) 'Police officer' means a police officer or reserve officer,
as those terms are defined in ORS 181.610.
(2)(a) A proceeding before a grand jury must be on the record
and recorded by electronic means or by a certified shorthand
reporter if the proceeding has been convened to examine the use
of deadly force by a police officer that resulted in the death of
a person. When a proceeding is required to be recorded under this
subsection, the district attorney shall ensure that the
questioning and testimony of all witnesses are recorded by
electronic means or by a certified shorthand reporter.
(b) Notwithstanding paragraph (a) of this subsection,
information that reveals the identity of a grand juror and the
deliberations of the grand jury may not be recorded by electronic
means or by a certified shorthand reporter.
(3) If a certified shorthand reporter records a grand jury
proceeding under subsection (2) of this section, the reporter
shall provide a certified transcript of the proceeding to the
district attorney no later than 10 days after the proceeding. The
district attorney shall grant an extension of the 10-day period
upon the showing of good cause.
(4) The failure to record, by electronic means or by certified
shorthand reporter, all of the grand jury proceeding required to
be on the record and recorded under subsection (2) of this
section does not affect the validity of any indictment or
prosecution that arises from the proceeding.
(5)(a) If a grand jury proceeding described in this section
results in the grand jury finding an indictment and indorsing it
' a true bill,' the district attorney shall provide a copy of the
recording or the certified transcript of the grand jury
proceeding to the defendant.
(b) Notwithstanding paragraph (a) of this subsection, the
district attorney may request permission from the court to redact
portions of the recording or certified transcript before
providing the recording or certified transcript to the defendant.
The district attorney shall describe the portions to be redacted
and provide an explanation for the redaction to the court. If the
court finds that there is good cause for the redaction, the
district attorney shall provide a redacted copy of the recording
or certified transcript to the defendant.
(6)(a) A person may file a motion with the court to obtain a
copy of the recording or certified transcript of the grand jury
proceeding described in this section if:
(A) The grand jury did not find the indictment and indorsed it
'not a true bill'; or
(B) The grand jury found the indictment and indorsed it 'a true
bill' and a judgment has been entered in the criminal action.
(b) The court may grant the motion filed as described in
paragraph (a) of this subsection if the court finds that
providing a copy of the recording or certified transcript to the
person is in the public interest. If the court grants the motion,
the district attorney shall provide a copy of the recording or
certified transcript to the court to provide to the person.
(c) The district attorney may object to a motion filed as
described in paragraph (a) of this subsection or may request
permission from the court to redact portions of the recording or
certified transcript before providing the recording or certified
transcript to the person. The district attorney shall describe
the portions to be redacted and provide an explanation for the
redaction to the court. If the court finds that there is good
cause for the redaction, the district attorney shall provide a
redacted copy of the recording or certified transcript to the
court to provide to the person. + }
SECTION 3. ORS 132.090 is amended to read:
132.090. (1) Except as provided in subsections (2) and (3) of
this section { + and section 2 of this 2013 Act + }, no person
other than the district attorney or a witness actually under
examination shall be present during the sittings of the grand
jury.
(2) { + If not otherwise required under section 2 of this 2013
Act, + } upon a motion filed by the district attorney in the
circuit court, the circuit judge may appoint a reporter who shall
attend the sittings of the grand jury to take and report the
testimony in any matters pending before the grand jury, and may
appoint a parent, guardian or other appropriate person 18 years
of age or older to accompany any child 12 years of age or
younger, or any person with mental retardation, during an
appearance before the grand jury. The circuit judge, upon the
district attorney's showing to the court that it is necessary for
the proper examination of a witness appearing before the grand
jury, may appoint a guard, medical or other special attendant or
nurse, who shall be present in the grand jury room and shall
attend such sittings.
(3) The district attorney may designate an interpreter who is
certified under ORS 45.291 to interpret the testimony of
witnesses appearing before the grand jury. The district attorney
may designate a qualified interpreter, as defined in ORS 45.288,
if the circuit court determines that a certified interpreter is
not available and that the person designated by the district
attorney is a qualified interpreter as defined in ORS 45.288. An
interpreter designated under this subsection may be present in
the grand jury room and attend the sittings of the grand jury.
(4) No person other than members of the grand jury shall be
present when the grand jury is deliberating or voting upon a
matter before it.
(5) As used in this section, 'mental retardation' has the
meaning given that term in ORS 430.010. Mental retardation may be
shown by attaching to the motion of the district attorney:
(a) Documentary evidence of intellectual functioning; or
(b) The affidavit of a qualified person familiar with the
person with mental retardation. 'Qualified person' includes, but
is not limited to, a teacher, therapist or physician.
SECTION 4. ORS 132.430 is amended to read:
132.430. (1) When a person has been held to answer a criminal
charge and the indictment in relation thereto is not found 'a
true bill,' it must be indorsed 'not a true bill,' which
indorsement must be signed by the foreman and filed with the
clerk of the court, in whose office it shall remain a public
record. { + Except for the recording or transcript required by
section 2 of this 2013 Act, + } in the case of an indictment not
found 'a true bill' against a person not so held, the same,
together with the minutes of the evidence in relation thereto,
must be destroyed by the grand jury.
(2) When an indictment indorsed 'not a true bill' has been
filed with the clerk of the court, the effect thereof is to
dismiss the charge; and the same cannot be again submitted to or
inquired of by the grand jury unless the court so orders.
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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