Bill Text: OR HB2177 | 2011 | Regular Session | Introduced

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Bill Title: Relating to preliminary hearings; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2177 Detail]

Download: Oregon-2011-HB2177-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1428

                         House Bill 2177

Sponsored by Representative COWAN (at the request of Rob Bovett,
  Lincoln County District Attorney) (Presession filed.)

                             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.

  Modifies maximum period of time between defendant's arraignment
and preliminary hearing.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to preliminary hearings; creating new provisions;
  amending ORS 135.070; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 135.070 is amended to read:
  135.070. When the defendant against whom an information has
been filed in a preliminary proceeding appears before a
magistrate on a charge of having committed a crime punishable as
a felony, before any further proceedings are had the magistrate
shall read to the defendant the information and shall inform the
defendant:
  (1) Of the defendant's right to the aid of counsel, that the
defendant is not required to make a statement and that any
statement made by the defendant may be used against the
defendant.
  (2) That the defendant is entitled to a preliminary hearing and
of the nature of a preliminary hearing. If a preliminary hearing
is requested, it shall be held as soon as practicable but in any
event within five  { + judicial + } days if the defendant is in
custody or within 30 days if the defendant is not in custody. The
time may be extended for good cause shown.
  (3) That if the defendant is on parole, evidence received and
the order of the court at the preliminary hearing may be used by
the State Board of Parole and Post-Prison Supervision to
establish that probable cause exists to believe that a violation
of a condition of parole has occurred; and further, that should
the defendant waive the defendant's right to a preliminary
hearing, such waiver shall also constitute a waiver of a hearing
by the board to determine whether there is probable cause to
believe that a violation of one or more of the conditions of
parole has occurred.
  SECTION 2.  { + The amendments to ORS 135.070 by section 1 of
this 2011 Act apply to defendants who are charged with the
commission of a crime that is alleged to have been committed on
or after the effective date of this 2011 Act. + }

  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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