Bill Text: OR SB370 | 2011 | Regular Session | Introduced

Oregon Senate Bill 370 (Prior Session Legislation)

Introduced

Bill Title: Relating to the death penalty; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB370 Detail]

Download: Oregon-2011-SB370-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 197

                         Senate Bill 370

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.

  Modifies scope of Supreme Court review in death penalty cases.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the death penalty; creating new provisions; amending
  ORS 138.012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 138.012 is amended to read:
  138.012. (1) The judgment of conviction and sentence of death
entered under ORS 163.150 (1)(f) is subject to automatic and
direct review by the Supreme Court. The review by the Supreme
Court has priority over all other cases and shall be heard in
accordance with rules adopted by the Supreme Court.
   { +  (2) The review by the Supreme Court shall include, but is
not limited to, the following:
  (a) Whether there is sufficient evidence to justify the
imposition of a sentence of death;
  (b) Whether, considering the nature of the crime and the
characteristics of the defendant, the sentence of death is
excessive or disproportionate to the sentence imposed in similar
cases;
  (c) Whether the sentence of death was brought about through
passion or prejudice; and
  (d) Whether the defendant is mentally retarded. + }
    { - (2) - }  { +  (3) + } Notwithstanding ORS 163.150 (1)(a),
after automatic and direct review of a conviction and sentence of
death the following apply:
  (a) If a reviewing court finds prejudicial error in the
sentencing proceeding only, the court may set aside the sentence
of death and remand the case to the trial court. No error in the
sentencing proceeding results in reversal of the defendant's
conviction for aggravated murder. { +   + }Upon remand and at the
election of the state, { +  unless the Supreme Court orders
otherwise, + } the trial court shall either:
  (A) Sentence the defendant to imprisonment for life in the
custody of the Department of Corrections as provided in ORS
163.105 (1)(c); or
  (B) Impanel a new sentencing jury for the purpose of conducting
a new sentencing proceeding to determine if the defendant should
be sentenced to:
  (i) Death;
  (ii) Imprisonment for life without the possibility of release
or parole as provided in ORS 163.105 (1)(b); or
  (iii) Imprisonment for life in the custody of the Department of
Corrections as provided in ORS 163.105 (1)(c).
  (b) The new sentencing proceeding is governed by the provisions
of ORS 163.150   { - (1), (2), (3) and (5) - } . A transcript of
all testimony and all exhibits and other evidence properly
admitted in the prior trial and sentencing proceeding are
admissible in the new sentencing proceeding. Either party may
recall any witness who testified at the prior trial or sentencing
proceeding and may present additional relevant evidence.
  (c) The provisions of this subsection are procedural and apply
to any defendant sentenced to death after December 6, 1984.
   { +  (4) As used in this section, 'similar cases' means
criminal actions in which:
  (a) A person was convicted of aggravated murder committed on or
after December 6, 1984; and
  (b) A jury determined whether the defendant would be sentenced
to death. + }
  SECTION 2.  { + Notwithstanding ORS 138.012 (3)(c), the
amendments to ORS 138.012 by section 1 of this 2011 Act apply
only to cases in which a person is sentenced to death for an
offense 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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