Bill Text: OR SB51 | 2013 | Regular Session | Enrolled
Bill Title: Relating to state court administration; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-05-24 - Effective date, May 16, 2013. [SB51 Detail]
Download: Oregon-2013-SB51-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 51
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 for the Judicial Department)
CHAPTER ................
AN ACT
Relating to state court administration; creating new provisions;
amending ORS 1.003, 1.810, 1.830, 5.060, 8.420, 8.435, 8.445,
8.455, 107.095, 133.120, 133.545 and 137.547; repealing ORS
3.238; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
CONSOLIDATION OF PROBATION VIOLATION PROCEEDINGS + }
SECTION 1. ORS 137.547 is amended to read:
137.547. (1) Notwithstanding any other provision of law, the
Chief Justice of the Supreme Court may make rules or issue orders
under ORS 1.002 to establish procedures for the consolidation of
probation violation proceedings pending against a probationer in
multiple circuit courts.
(2) Rules made or orders issued under this section:
{ - (a) Shall provide that if a probationer is alleged to
have violated the conditions of a sentence of probation in more
than one court, an initiating court may consider consolidation of
some or all pending probation violation proceedings before one or
more appropriate courts: - }
{ - (A) Upon the motion of the district attorney or the
defense counsel in the county in which the probationer is in
custody or otherwise before the court; or - }
{ - (B) Upon the court's own motion. - }
{ - (b) May determine which courts are appropriate courts for
the consolidation of probation violation proceedings in described
circumstances or establish a process for determining an
appropriate court. - }
{ - (c) - } { + (a) + } Shall require the consent of the
probationer to a consolidated probation violation proceeding and
written waivers by the probationer as determined necessary or
fair.
{ - (d) - } { + (b) + } Shall require the approval of the
judge of any responding court, the initiating court and any
appropriate court being considered for a consolidated probation
violation proceeding.
Enrolled Senate Bill 51 (SB 51-A) Page 1
{ - (e) - } { + (c) + } Shall require the approval of the
district attorney of the county for any responding court, the
initiating court and any court being considered as an appropriate
court.
{ - (f) May provide for the recall of warrants in any court
other than the appropriate court as convenient to accomplish the
purposes of this section. - }
{ - (g) May provide for the transmission of copies of such
papers, records or other information to or from courts, district
attorneys and parole and probation officers as is necessary,
appropriate or convenient for a consolidated probation violation
proceeding under this section. - }
{ - (h) May provide any processes necessary, appropriate or
convenient for the proceeding before the appropriate court and
for the appropriate court to make a disposition of the cases that
are consolidated in a proceeding under this section. - }
{ - (i) May include any rules or orders establishing other
procedures necessary, appropriate or convenient for the fair and
expeditious resolution of consolidated probation violation
proceedings under this section. - }
{ - (3) When an appropriate court transmits the judgment it
enters for a consolidated probation violation proceeding under
this section to the initiating court, if different from the
appropriate court, and to a responding court for filing,
thereafter that judgment is for all purposes the same as a
judgment of the court of the initiating or responding county with
regard to the matters on which that judgment makes determination
and disposition. - }
{ - (4) As used in this section: - }
{ - (a) 'Appropriate court' means the court most appropriate
to hold a consolidated probation violation proceeding under this
section given the totality of the circumstances involving the
alleged probation violations and multiple jurisdiction
proceedings. The circumstances include, but are not limited
to: - }
{ - (A) The location, residence or work location of the
probationer; - }
{ - (B) The location of the probationer's parole and
probation officer; - }
{ - (C) The location of any witnesses or victims of the
alleged violations or of any alleged new offenses with which the
probationer is charged; - }
{ - (D) The location of any victims of the offense for which
the probationer was sentenced to probation; - }
{ - (E) The nature and location of previous offenses for
which the probationer is serving a sentence; - }
{ - (F) The nature of any new offenses with which the
probationer is charged; - }
{ - (G) The resources of local jails; - }
{ - (H) The nature and location of any services that may be
appropriate as a consequence of the alleged violation or new
charges; - }
{ - (I) Whether the judge who imposed the original sentence
provided in the original judgment direction to return any
probation violation proceedings to that judge; and - }
{ - (J) The interests of local courts and district attorneys
concerning the probationer and any disposition that a court may
impose concerning the probationer. - }
{ - (b) 'Initiating court' means the court in which a
probationer is in custody or otherwise before the court. - }
Enrolled Senate Bill 51 (SB 51-A) Page 2
{ - (c) 'Responding court' means a court other than an
initiating court or appropriate court that entered a judgment
under which the probationer is currently serving a sentence of
probation and which court consents to the consolidation of
probation violation proceedings in an appropriate court under
this section. - }
{ +
INTERIM PRESIDING JUDGE + }
SECTION 2. ORS 1.003 is amended to read:
1.003. (1) The Chief Justice of the Supreme Court shall appoint
after conferring with and seeking the advice of the Supreme
Court, and may remove at pleasure:
(a) The Chief Judge of the Court of Appeals.
(b) The presiding judge for each judicial district.
(2) Except as provided in subsection (3) of this section, the
term of office of the Chief Judge or presiding judge is two
years, commencing on January 1 of each even-numbered year. A
judge is eligible for reappointment as Chief Judge or presiding
judge.
(3) If there is a vacancy for any cause in the office of Chief
Judge or presiding judge:
(a) When the vacancy occurs after January 1 of an even-numbered
year and before July 1 of the following odd-numbered year, the
Chief Justice shall make an appointment for a term expiring
December 31 of that odd-numbered year.
(b) When the vacancy occurs after June 30 of an odd-numbered
year and before January 1 of the following even-numbered year,
the Chief Justice shall make an appointment for a term expiring
December 31 of the odd-numbered year following that even-numbered
year.
(c) The Chief Justice { - shall - } { + may + } designate a
judge of the Court { - concerned - } { + of Appeals to serve
+ }as acting Chief Judge { - or acting presiding judge to
serve - } until an appointment is made as provided in this
section. { + The Chief Justice may designate any circuit court
judge to serve as acting presiding judge until an appointment is
made as provided in this section. + }
(4) Before appointing a Chief Judge or presiding judge the
Chief Justice shall confer with and seek the advice of the judges
of the courts concerned in respect to the appointment.
(5) The Chief Justice shall give written notice of the judge
appointed as Chief Judge or presiding judge to each judge of the
court concerned not later than 10 days before the effective date
of the appointment. A majority of the judges of the courts
concerned may disapprove the appointment by a written resolution
signed by each judge disapproving the appointment and submitted
to the Chief Justice before the effective date of the
appointment. If the appointment is so disapproved, the Chief
Justice shall appoint another judge as Chief Judge or presiding
judge, and shall notify each judge of the courts concerned as
provided in this subsection. If the courts concerned have five
or more judges, a second appointment is subject to disapproval,
as provided in this subsection, by a majority of the judges of
the courts concerned. A third appointment is not subject to
disapproval under this subsection.
{ +
PRIMA FACIE CASES IN DIVORCE PROCEEDINGS + }
Enrolled Senate Bill 51 (SB 51-A) Page 3
SECTION 3. ORS 107.095 is amended to read:
107.095. (1) After the commencement of a suit for marital
annulment, dissolution or separation and until a general judgment
therein, the court may provide as follows:
(a) That a party pay to the other party such amount of money as
may be necessary to enable the other party to prosecute or defend
the suit, including costs of expert witnesses, and also such
amount of money to the other party as may be necessary to support
and maintain the other party.
(b) For the care, custody, support and maintenance, by one
party or jointly, of the minor children as described in ORS
107.105 (1)(a) and for the parenting time rights as described in
ORS 107.105 (1)(b) of the parent not having custody of such
children.
(c) For the restraint of a party from molesting or interfering
in any manner with the other party or the minor children.
(d) That if minor children reside in the family home and the
court considers it necessary for their best interest to do so,
the court may require either party to move out of the home for
such period of time and under such conditions as the court may
determine, whether the home is rented, owned or being purchased
by one party or both parties.
(e) Restraining and enjoining either party or both from
encumbering or disposing of any of the real or personal property
of either or both of the parties, except as ordered by the court.
(f) For the temporary use, possession and control of the real
or personal property of the parties or either of them and the
payment of installment liens and encumbrances thereon.
(g) That even if no minor children reside in the family home,
the court may require one party to move out of the home for such
period of time and under such conditions as the court determines,
whether the home is rented, owned or being purchased by one party
or both parties if that party assaults or threatens to assault
the other.
(2) A limited judgment under ORS chapter 18 may be entered in
an action for dissolution or annulment of a marriage providing
for a support award, as defined by ORS 18.005, or other money
award, as defined by ORS 18.005. Notwithstanding ORS 19.255, a
limited judgment entered under this subsection may not be
appealed. Any decision of the court in a limited judgment subject
to this subsection may be appealed as otherwise provided by law
upon entry of a general judgment.
(3) The court shall not require an undertaking in case of the
issuance of an order under subsection (1)(c), (d), (e), (f) or
(g) of this section.
(4) In a suit for annulment or dissolution of marriage or for
separation, wherein the parties are copetitioners or the
respondent is found by the court to be in default or the
respondent having appeared has waived further appearance or the
parties stipulate to the entry of a judgment, the court may, when
the cause is otherwise ready for hearing on the merits, in lieu
of such hearing, enter a judgment of annulment or dissolution or
for separation based upon a current affidavit of the petitioner
or copetitioners, setting forth a prima facie case, and covering
such additional matters as the court may require. If { - child
support or - } custody of minor children is involved, then the
affidavit { + must + } also { - shall - } include { - : - }
{ - (a) The gross monthly income of each party, to the best
of the affiant's knowledge; and - }
Enrolled Senate Bill 51 (SB 51-A) Page 4
{ - (b) - } the name of the party with whom the children
currently reside and the length of time they have so resided.
(5) When a court orders relief under subsection (1)(c) or (d)
of this section, the court may include in its order an expiration
date for the order to allow entry of the order into the Law
Enforcement Data System and the databases of the National Crime
Information Center of the United States Department of Justice as
provided in ORS 107.720. If the person being restrained was
provided notice and an opportunity to be heard, the court shall
also include in the order, when appropriate, terms and findings
sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the
person's ability to possess firearms and ammunition or engage in
activities involving firearms.
{ +
SHORTHAND REPORTERS + }
SECTION 4. ORS 8.420 is amended to read:
8.420. (1) The State Court Administrator shall verify the
qualifications of shorthand reporters to be certified and shall
issue the certificate of shorthand reporter to qualified
applicants.
(2) The administrator shall adopt policies necessary to
administer ORS 8.415 to 8.455 and may appoint any committees
necessary to function in accordance with ORS 8.415 to 8.455.
(3) The administrator shall:
(a) Adopt policies establishing the qualifications necessary
for the issuance of a certificate of certified shorthand
reporter;
(b) Determine the qualifications of persons applying for
certificates under ORS 8.415 to 8.455;
(c) Adopt policies for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
(d) Grant certificates to qualified applicants upon compliance
with ORS 8.415 to 8.455 and policies of the administrator;
(e) Establish continuing education requirements for
{ - biennial - } renewal of certificates;
(f) Collect fees as set by the administrator;
(g) Require the { - biennial - } { + regular + } renewal of
all certificates;
(h) Establish a code of conduct and grounds for disciplinary
action; and
(i) Investigate complaints regarding court reporters.
(4) The Certified Shorthand Reporters Advisory Committee shall
recommend:
(a) Standards establishing the qualifications necessary for the
issuance of a certificate of certified shorthand reporter;
(b) Qualifications required of persons applying for
certificates under ORS 8.415 to 8.455;
(c) Procedures for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
(d) Certificates be granted by the administrator to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies
of the administrator;
(e) Continuing education requirements for { - biennial - }
renewal of certificates;
(f) A code of conduct and grounds for suspension or revocation
of certificates or other disciplinary action to the
administrator;
Enrolled Senate Bill 51 (SB 51-A) Page 5
(g) Investigation of complaints regarding court reporters at
the direction of the administrator; and
(h) Any corrective action that may be required.
SECTION 5. ORS 8.435 is amended to read:
8.435. (1) The certificate of certified shorthand reporter
shall be granted to any person who meets the requirements of ORS
8.415 to 8.455 and policies of the State Court Administrator.
(2) Any person who has received from the administrator a
certificate of 'certified shorthand reporter' shall be styled and
known as a 'certified shorthand reporter' and may also use the
abbreviation of 'C.S.R. '
(3) A certificate shall be renewed { - biennially - }
{ + regularly + } as provided by policies of the administrator.
(4) Certificates issued by the administrator may be renewed
{ - biennially - } upon payment of the fee established under
ORS 8.445, completion of established continuing education
requirements and compliance with the code of conduct policy as
established by the administrator.
(5) A person may not assume or use the title or designation '
certified shorthand reporter' or the abbreviation 'C.S.R.' or any
other title, designation, words, letters, abbreviation, sign or
device tending to indicate that the person is a certified
shorthand reporter unless the person has received a certificate
as a certified shorthand reporter under ORS 8.415 to 8.455 and
policies of the administrator that is not revoked, suspended or
lapsed.
SECTION 6. ORS 8.445 is amended to read:
8.445. { - (1) The State Court Administrator shall establish
a fee schedule for fees authorized by ORS 8.415 to 8.455, as
follows: - }
{ - (a) Not to exceed $100 for initial registration. - }
{ - (b) Not to exceed $100 for biennial renewal. - }
{ - (c) Not to exceed $100 for the examination. - }
{ + (1) The State Court Administrator shall establish and
collect reasonable fees for applications, examinations,
certifications and renewals of certification authorized by ORS
8.415 to 8.455. + }
(2) Fees { + collected under this section + } are
nonrefundable.
(3) { - Subject to a report to the Emergency Board prior to
adopting the fees and charges, - } The fees { - and
charges - } established under this section { - shall - }
{ + may + } not exceed the cost of administering and enforcing
ORS 8.415 to 8.455 { - , consistent with the budget authorized
by the Legislative Assembly, as that budget may be modified by
the Emergency Board - } .
SECTION 7. ORS 8.455 is amended to read:
8.455. (1) There is created a Certified Shorthand Reporters
Advisory Committee consisting of seven members appointed by the
State Court Administrator as follows:
(a) Four members of the advisory committee shall be persons
skilled in the practice of shorthand reporting and shall have
been engaged continuously in the practice of shorthand reporting
for a period of not less than five years prior to the date of
appointment as a member of the advisory committee. Appointees
shall be certified under ORS 8.415 to 8.455. { - Of the
shorthand reporter members, two shall be official reporters and
two shall be free-lance reporters; - }
(b) Two members of the advisory committee shall be members of
the Oregon State Bar { - ; and - } { + . + }
Enrolled Senate Bill 51 (SB 51-A) Page 6
(c) One member of the advisory committee shall be a public
member and not be a reporter or a member of the Oregon State Bar
or related thereto. The public member is entitled to compensation
and expenses as provided in ORS 292.495.
(2) The term of a member of the advisory committee shall be
three years. A member is eligible for reappointment to the
advisory committee. Vacancies occurring shall be filled by
appointment for the unexpired term.
(3) The advisory committee shall organize by the election of
one of its members as president and one as secretary.
(4) A majority of the advisory committee shall constitute a
quorum for all purposes.
{ +
JUDICIAL CONFERENCE OF THE STATE OF OREGON + }
SECTION 8. ORS 1.810 is amended to read:
1.810. There hereby is created and established a Judicial
Conference of the State of Oregon. The conference shall consist
of all the judges of the Supreme Court, the Court of Appeals, the
Oregon Tax Court and the circuit courts and all senior judges
certified under ORS 1.300. The Chief Justice { + of the Supreme
Court + } shall be chairperson of the conference and shall have
power to invite any persons not members of the conference to
attend the meetings of the conference and consult with it in the
performance of its duties. The State Court Administrator shall
act as executive secretary of the conference. { - Each member
of the conference, the State Court Administrator, and each person
invited by the Chief Justice, is entitled to reimbursement for
hotel bills and traveling expenses necessarily incurred in the
performance of duties relating to the Judicial Conference of the
State of Oregon. - }
SECTION 9. ORS 1.830 is amended to read:
1.830. The { + Judicial + } Conference { + of the State of
Oregon + } shall meet { - at such time as shall be designated
by its chairperson, not less than once - } annually { + or at
such other times as the Chief Justice of the Supreme Court
directs + }.
{ +
SEARCH AND ARREST WARRANTS + }
SECTION 10. ORS 133.120 is amended to read:
133.120. { + (1) + } A judge of the Supreme Court or the Court
of Appeals may issue a warrant of arrest for any crime committed
or triable within the state, and any other magistrate mentioned
in ORS 133.030 may issue a warrant for any crime committed or
triable within the territorial jurisdiction of the magistrate's
court.
{ + (2) Notwithstanding subsection (1) of this section, a
circuit court judge duly assigned pursuant to ORS 1.615 to serve
as a judge pro tempore in a circuit court may issue a warrant of
arrest for a crime committed or triable within the territorial
jurisdiction of any circuit court in which the judge serves as
judge pro tempore if the request for the warrant includes an
affidavit showing that a regularly elected or appointed circuit
court judge for the judicial district is not available, whether
by reason of conflict of interest or other reason, to issue the
warrant within a reasonable time. + }
SECTION 11. ORS 133.545 is amended to read:
Enrolled Senate Bill 51 (SB 51-A) Page 7
133.545. (1) A search warrant may be issued only by a judge. A
search warrant issued by a judge of the Supreme Court or the
Court of Appeals may be executed anywhere in the state. Except as
otherwise provided in { - subsection (2) - } { + subsections
(2) and (3) + } of this section, a search warrant issued by a
judge of a circuit court may be executed only within the judicial
district in which the court is located. A search warrant issued
by a justice of the peace may be executed only within the county
in which the justice court is located. A search warrant issued by
a municipal judge authorized to exercise the powers and perform
the duties of a justice of the peace may be executed only in the
municipality in which the court is located.
(2) Notwithstanding subsection (1) of this section, a circuit
court judge may authorize execution of a search warrant outside
the judicial district in which the court is located, if the judge
finds from the application that one or more of the objects of the
search relate to an offense committed or triable within the
judicial district in which the court is located. If the warrant
authorizes the installation or tracking of a mobile tracking
device, the officer may track the device in any county to which
it is transported.
{ + (3) Notwithstanding subsection (1) of this section, a
circuit court judge duly assigned pursuant to ORS 1.615 to serve
as a judge pro tempore in a circuit court may authorize execution
of a search warrant in any judicial district in which the judge
serves as judge pro tempore if the application requesting the
warrant includes an affidavit showing that a regularly elected or
appointed circuit court judge for the judicial district is not
available, whether by reason of conflict of interest or other
reason, to issue the warrant within a reasonable time. + }
{ - (3) - } { + (4) + } Application for a search warrant
may be made only by a district attorney, a police officer or a
special agent employed under ORS 131.805.
{ - (4) - } { + (5) + } The application shall consist of a
proposed warrant in conformance with ORS 133.565, and shall be
supported by one or more affidavits particularly setting forth
the facts and circumstances tending to show that the objects of
the search are in the places, or in the possession of the
individuals, to be searched. If an affidavit is based in whole or
in part on hearsay, the affiant shall set forth facts bearing on
any unnamed informant's reliability and shall disclose, as far as
possible, the means by which the information was obtained.
{ - (5) - } { + (6) + } Instead of the written affidavit
described in subsection { - (4) - } { + (5) + } of this
section, the judge may take an oral statement under oath. The
oral statement shall be recorded and transcribed. The transcribed
statement is an affidavit for the purposes of this section. In
such cases, the recording of the sworn oral statement and the
transcribed statement shall be certified by the judge receiving
it and shall be retained as a part of the record of proceedings
for the issuance of the warrant.
{ - (6)(a) - } { + (7)(a) + } In addition to the procedure
set out in subsection { - (5) - } { + (6) + } of this
section, the proposed warrant and the affidavit may be sent to
the court by facsimile transmission or any similar electronic
transmission that delivers a complete printable image of the
signed affidavit and proposed warrant. The affidavit may have a
notarized acknowledgment, or the affiant may swear to the
affidavit by telephone. A judge administering an oath
telephonically under this subsection must execute a declaration
Enrolled Senate Bill 51 (SB 51-A) Page 8
that recites the manner and time of the oath's administration.
The declaration must be filed with the return.
(b) When a court issues a warrant upon an application made
under paragraph (a) of this subsection:
(A) The court may transmit the signed warrant to the person
making application under subsection { - (3) - } { + (4) + }
of this section by means of facsimile transmission or similar
electronic transmission, as described in paragraph (a) of this
subsection. The court shall file the original signed warrant and
a printed image of the application with the return.
(B) The person making application shall deliver the original
signed affidavit to the court with the return. If the affiant
swore to the affidavit by telephone, the affiant must so note
next to the affiant's signature on the affidavit.
{ +
SPECIAL TERMS OF COURT + }
SECTION 12. { + ORS 3.238 is repealed. + }
SECTION 13. ORS 5.060 is amended to read:
5.060. There shall be a term of the county court in each county
for the transaction of judicial business on the first Monday of
each month, and at such other times as the court in term or the
judge in vacation may appoint { - , in like manner and with like
effect as the circuit court or judge is authorized by ORS
3.238 - } . The court shall be open at 10 a.m.
{ +
CAPTIONS + }
SECTION 14. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 15. { + 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. + }
----------
Enrolled Senate Bill 51 (SB 51-A) Page 9
Passed by Senate March 13, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 8, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 51 (SB 51-A) Page 10
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 51 (SB 51-A) Page 11
