Bill Text: OR SB367 | 2011 | Regular Session | Introduced
Bill Title: Relating to the death penalty; appropriating money; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB367 Detail]
Download: Oregon-2011-SB367-Introduced.html
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 194
Senate Bill 367
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.
Creates Death Penalty Review Committee to review prosecutions
for aggravated murder. Requires county to reimburse state for
one-half of costs associated with death penalty, unless Death
Penalty Review Committee provides district attorney with
recommendation to seek sentence of death.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the death penalty; appropriating money; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) Except as provided in subsection (2) of
this section, no later than six months after the filing of an
accusatory instrument charging a person with aggravated murder as
defined in ORS 163.095, the county in which the person is charged
shall pay over to the Department of Revenue, for deposit in the
General Fund, an amount of moneys equal to the average cost of
conducting death penalty litigation as determined under
subsection (3)(a) of this section.
(b) When a county complies with paragraph (a) of this
subsection and the defendant is subsequently acquitted of
aggravated murder, sentenced to life imprisonment without the
possibility of release or parole as described in ORS 163.105
(1)(b) or sentenced to life imprisonment as described in ORS
163.105 (1)(c), the Department of Revenue shall return to the
county one-half of the moneys paid under paragraph (a) of this
subsection, less actual costs incurred in the prosecution as
determined under subsection (3)(c) of this section.
(2) Subsection (1) of this section does not apply if the
district attorney files with the court the written recommendation
of the Death Penalty Review Committee, provided in accordance
with section 2 of this 2011 Act, that the district attorney
present evidence for the purpose of sentencing the defendant to
death under ORS 163.150.
(3)(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.
(b) The average cost of conducting death penalty litigation is
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 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.
(c) Upon request of the Department of Revenue, the Judicial
Department, the Department of Justice and the Public Defense
Services Commission shall provide the Department of Revenue with
a determination of the actual amount of moneys the agency
expended in an aggravated murder case in which a sentence of
death is not imposed. + }
SECTION 2. { + (1) Upon the filing of an accusatory instrument
charging a person with aggravated murder as defined in ORS
163.095, the district attorney shall provide the Death Penalty
Review Committee created in section 3 of this 2011 Act with
information relevant to the decision to present evidence for
purposes of sentencing the defendant to death under ORS 163.150.
The committee may seek additional information from the attorney
representing the defendant and from any other source. Information
provided to the committee under this subsection is confidential
and may not be disclosed.
(2) The committee shall evaluate the circumstances surrounding
the alleged aggravated murder and any other information that the
committee deems relevant to the question of whether the district
attorney should present evidence for purposes of sentencing the
defendant to death.
(3)(a) No later than five months following the filing of an
accusatory instrument charging a person with aggravated murder,
the committee shall provide the district attorney with a written
recommendation that the district attorney either present or
decline to present evidence for the purposes of sentencing the
defendant to death.
(b) The recommendation of the committee is not subject to the
contested case provisions of ORS chapter 183 and is not subject
to review by any agency or court. + }
SECTION 3. { + (1) There is created the Death Penalty Review
Committee consisting of five members appointed as follows:
(a) The Attorney General or designee of the Attorney General
who shall serve as chair of the committee.
(b) One former district attorney or former deputy district
attorney who has experience with aggravated murder cases,
appointed by the Governor.
(c) One defense attorney who has experience with aggravated
murder cases, appointed by the public defense services executive
director.
(d) Two retired judges who have experience with aggravated
murder cases, appointed by the Governor. A retired judge
described in ORS 238.535 (1)(b) may not serve on the committee.
(2) The committee shall:
(a) Review death penalty cases and provide recommendations to
district attorneys in accordance with section 2 of this 2011 Act.
(b) Submit a report to the Legislative Assembly in the manner
provided in ORS 192.245, no later than March 1 of each
odd-numbered year, that includes the number of cases reviewed by
the committee and the number of cases for which the committee
recommended that the district attorney present evidence for the
purposes of sentencing a defendant to death under ORS 163.150.
(3) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(4) Official action by the committee requires the approval of a
majority of the members of the committee.
(5) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become effective
immediately.
(6) The committee shall meet at times and places specified by
the Attorney General or designee of the Attorney General.
(7) The Department of Justice shall provide staff support to
the committee.
(8) All agencies of state government as defined in ORS 174.111
are directed to assist the committee in the performance of its
duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the committee consider necessary to perform their
duties.
(9) Service on the committee entitles the members described in
subsection (1)(b) to (d) of this section to compensation in the
amount of $200 a day plus necessary travel expenses.
(10) ORS 192.610 to 192.690 do not apply to the meetings of the
committee.
(11) Records of the committee are confidential and exempt from
public disclosure under ORS 192.410 to 192.505. + }
SECTION 4. { + (1) Sections 1 to 3 of this 2011 Act apply to
prosecutions for aggravated murder alleged to have been 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 (3)(b) of this 2011 Act, and provide that
information to the Department of Revenue. + }
SECTION 5. { + There is appropriated to the Department of
Justice, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $___ for the purpose of carrying out
the provisions of sections 1 to 3 of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
4 preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
