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

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-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 780

LC 3294/SB 780-3

                      SENATE AMENDMENTS TO
                         SENATE BILL 780

                    By COMMITTEE ON JUDICIARY

                            April 22

  On page 1 of the printed bill, delete lines 11 through 30 and
insert:
  ' (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.'.
  On page 2, line 31, delete 'and' and insert 'or'.
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