Bill Text: OR SB780 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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     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

                         Senate Bill 780

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 as
introduced.

  Requires grand jury proceeding involving use of deadly force by
police officer to be recorded, transcribed and made available to
public.
  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 proceeding before a grand jury must be on the record and
recorded by a certified shorthand reporter as provided in this
subsection 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 on the record under
this subsection, the district attorney shall ensure that a
certified shorthand reporter attends the sittings of the grand
jury to take and report the questioning and testimony of all
witnesses. The certified shorthand reporter may not record any
information that reveals the identity of a grand juror. The
certified shorthand reporter may not be present during, or
record, the deliberations of the grand jury.
  (3) Unless the certified shorthand reporter can show good cause
why the time should be extended, no later than 10 days after a
grand jury in a proceeding required to be on the record under
subsection (2) concludes, the certified shorthand reporter shall
provide a certified transcript of the report to the district
attorney of the county in which the proceeding occurred.
  (4) No later than 20 days after receiving the transcript from
the certified shorthand reporter, the district attorney shall
make the transcript available for review by the public in an
electronic format on the Internet.
  (5) The failure of a certified shorthand reporter to record all
of the grand jury proceeding required to be recorded under
subsection (2) of this section does not affect the validity of
any indictment or prosecution that arises from the
proceeding. + }
  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 and 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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