Bill Text: OR HJR23 | 2011 | Regular Session | Introduced

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Bill Title: Proposing amendment to Oregon Constitution relating to authorization of district attorney to prosecute felony possession of controlled substance without grand jury indictment or preliminary hearing.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HJR23 Detail]

Download: Oregon-2011-HJR23-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 3056

                    House Joint Resolution 23

Sponsored by Representative HICKS

                             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 authorizing district
attorney to prosecute felony possession of controlled substance
without grand jury indictment or preliminary hearing.
  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 5, Article VII (Amended) of the
Constitution of the State of Oregon, is amended to read:
   { +  Sec. 5. + } (1) The Legislative Assembly shall provide by
law for:
  (a) Selecting juries and qualifications of jurors;
  (b) Drawing and summoning grand jurors from the regular jury
list at any time, separate from the panel of petit jurors;
  (c) Empaneling more than one grand jury in a county; and
  (d) The sitting of a grand jury during vacation as well as
session of the court.
  (2) A grand jury shall consist of seven jurors chosen by lot
from the whole number of jurors in attendance at the court, five
of whom must concur to find an indictment.
  (3) Except as provided in subsections (4) and (5) of this
section, a person shall be charged in a circuit court with the
commission of any crime punishable as a felony only on indictment
by a grand jury.
  (4) The district attorney may charge a person on an information
filed in circuit court  { + with the commission + } of a crime
punishable as a felony if   { - the - }  { + :
  (a) The only felony crime the person is charged with committing
is the possession of a controlled substance; or
  (b) The + } person appears before the judge of the circuit
court and knowingly waives indictment.
  (5) The district attorney may charge a person on an information
filed in circuit court if, after a preliminary hearing before a
magistrate, the person has been held to answer upon a showing of
probable cause that a crime punishable as a felony has been
committed and that the person has committed it, or if the person
knowingly waives preliminary hearing.
  (6) An information shall be substantially in the form provided
by law for an indictment. The district attorney may file an
amended indictment or information whenever, by ruling of the
court, an indictment or information is held to be defective in
form.
  (7) In civil cases three-fourths of the jury may render a
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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