Bill Text: OR SB43 | 2013 | Regular Session | Introduced

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Bill Title: Relating to jury instructions; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB43 Detail]

Download: Oregon-2013-SB43-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 222

                         Senate Bill 43

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.

  Authorizes appellate court to review jury instructions for
plain error despite failure of party to object with
particularity.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to jury instructions; creating new provisions; amending
  ORS 136.330; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 136.330 is amended to read:
  136.330. (1) ORS 10.100 and ORCP 58 B, C and D and 59 B through
F and G(1), (3), (4) and (5), apply to and regulate the conduct
of the trial of criminal actions. The jury in a criminal action
may, in the discretion of the court, be polled in writing.  If
the jury is polled in writing, the written results shall be
sealed and placed in the court record.
  (2) ORCP 59 H applies to and regulates exceptions in criminal
actions { + , except that an appellate court may take notice of
plain errors affecting substantial rights that were not brought
to the attention of the trial court + }.
  SECTION 2.  { + The amendments to ORS 136.330 by section 1 of
this 2013 Act apply to criminal actions in which a notice of
appeal is filed on or after the effective date of this 2013
Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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