Bill Text: OR SB366 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the death penalty.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB366 Detail]

Download: Oregon-2011-SB366-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 193

                         Senate Bill 366

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.

  Requires county in which defendant is charged with aggravated
murder to reimburse state for one-half of costs associated with
death penalty.

                        A BILL FOR AN ACT
Relating to the death penalty.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) No later than six months after a defendant
is sentenced to death under ORS 163.150, the county in which the
defendant is charged with aggravated murder shall pay over to the
Department of Revenue, for deposit in the General Fund, an amount
of moneys equal to one-half of the average cost of conducting
death penalty litigation as determined under subsection (2) of
this section.
  (2)(a) Once every five years, the Judicial Department, the
Department of Justice and the Public Defense Services Commission
shall determine the average cost of conducting death penalty
litigation and provide that information to the Department of
Revenue. The Department of Revenue shall post the average cost of
conducting death penalty litigation for the agencies on the
Department of Revenue's website.
  (b) The average cost of conducting death penalty litigation
shall be determined by subtracting the average amount of moneys
each agency expends in an aggravated murder case in which a
sentence other than death is imposed from the average amount of
moneys each agency expends in an aggravated murder case in which
a sentence of death is imposed. The average expenditures shall
include expenditures associated with:
  (A) The trial;
  (B) The sentencing proceeding described in ORS 163.150;
  (C) The death warrant hearing described in ORS 137.463;
  (D) Direct appellate review under ORS 138.012; and
  (E) Any other post-conviction proceeding involving the
conviction or the imposition or execution of the sentence. + }
  SECTION 2.  { + (1) Section 1 of this 2011 Act applies to
prosecutions for offenses committed on or after the effective
date of this 2011 Act.
  (2) As soon as practicable after the effective date of this
2011 Act, the Judicial Department, the Department of Justice and
the Public Defense Services Commission shall determine the
average cost of conducting death penalty litigation, as described
in section 1 (2) of this 2011 Act, and provide that information
to the Department of Revenue. + }
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