Bill Text: OR SJR16 | 2011 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to jury verdicts in criminal prosecutions.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SJR16 Detail]

Download: Oregon-2011-SJR16-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 306

                   Senate Joint Resolution 16

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Proposes amendment to Oregon Constitution to require unanimous
verdicts by trial juries in criminal prosecutions.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. Section 11, Article I of the Constitution of the
State of Oregon, is amended to read:
   { +  Sec. 11. + } Rights of Accused in Criminal Prosecution.
 { + (1) + } In all criminal prosecutions,   { - the accused
shall have - }   { + an accused person has + } the right { + :
  (a) + }   { - to - }   { + To + } public trial by an impartial
jury in the county in which the offense   { - shall have been - }
 { + was + } committed;  { +
  (b) + }   { - to - }   { + To + } be heard   { - by himself
and - }   { + on the accused person's own behalf and as
represented by + } counsel;  { +
  (c) + }   { - to - }   { + To + } demand the nature and cause
of the accusation against   { - him, - }   { + the accused
person + } and to have a copy   { - thereof - }  { +  of the
accusation + }; { +  and
  (d) + }   { - to - }   { + To + } meet the witnesses   { - face
to face - }  { +  face-to-face + }, and to have compulsory
process for obtaining witnesses in   { - his - }  { + the accused
person's + } favor  { - ; provided, however, that any - }  { + .
  (2) + }  { + Notwithstanding subsection (1) of this section,
an + } accused person, in other than capital cases, and with the
consent of the trial judge, may elect to waive trial by jury and
consent to be tried by the judge of the court alone  { - , such
election to - }  { + .  An election under this subsection
must + } be in writing  { - ; - }  { + .
  (3) + }   { - provided, however, that in the circuit court ten
members of the jury may render a verdict of guilty or not guilty,
save and except a verdict of guilty of first degree murder, which
shall be found only by a unanimous verdict, and not otherwise;
provided further, that the existing laws and constitutional
provisions relative to criminal prosecutions shall be continued
and remain in effect as to all prosecutions for crimes committed
before the taking effect of this amendment - }  { +  In all
criminal prosecutions, a verdict of guilty or not guilty may be
found only by a unanimous verdict + }.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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