Bill Text: OR SB76 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the death penalty.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB76 Detail]

Download: Oregon-2013-SB76-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 925

                         Senate Bill 76

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 procedures related to executing sentence of death.

                        A BILL FOR AN ACT
Relating to the death penalty; creating new provisions; and
  amending ORS 137.463.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.463 is amended to read:
  137.463. (1) When a sentence of death is pronounced, the clerk
of the court shall deliver a copy of the judgment of conviction
and sentence of death to the sheriff of the county. The sheriff
shall deliver the defendant within 20 days from the date the
judgment is entered to the correctional institution designated by
the Director of the Department of Corrections pending the
determination of the automatic and direct review by the Supreme
Court under ORS 138.012.
  (2) If the Supreme Court affirms the sentence of death, a death
warrant hearing shall take place in the court in which the
judgment was rendered within 30 days after the effective date of
the appellate judgment or, upon motion of the state, on a later
date. The following apply to a death warrant hearing under this
subsection:
  (a) The defendant must be present; and
  (b) The defendant may be represented by counsel. If the
defendant was represented by appointed counsel on automatic and
direct review, that counsel's appointment continues for purposes
of the death warrant hearing and any related matters. If that
counsel is unavailable, the court shall appoint counsel pursuant
to the procedure in ORS 135.050 and 135.055.
  (3)(a) If the defendant indicates the wish to waive the right
to counsel for the purpose of the death warrant hearing, the
court shall inquire of the defendant on the record to ensure that
the waiver is competent, knowing and voluntary.
  (b) If the court finds that the waiver is competent, knowing
and voluntary, the court shall discharge counsel.
  (c) If the court finds on the record that the waiver of the
right to counsel granted by this section is not competent,

knowing or voluntary, the court shall continue the appointment of
counsel.
  (d) Notwithstanding the fact that the court finds on the record
that the defendant competently, knowingly and voluntarily waives
the right to counsel, the court may continue the appointment of
counsel as advisor only for the purposes of the death warrant
hearing.
  (4) At the death warrant hearing, the court:
  (a) After appropriate inquiry, shall make findings on the
record whether the defendant suffers from a mental condition that
prevents the defendant from comprehending the reasons for the
death sentence or its implication. The defendant has the burden
of proving by a preponderance of the evidence that the defendant
suffers from a mental condition that prevents the defendant from
comprehending the reasons for the death sentence or its
implication.
  (b) Shall advise the defendant that the defendant is entitled
to counsel in any post-conviction proceeding and that counsel
will be appointed if the defendant is financially eligible for
appointed counsel at state expense.
  (c) Shall determine whether the defendant intends to pursue any
challenges to the sentence or conviction. If the defendant states
on the record that the defendant does not intend to challenge the
sentence or conviction, the court after advising the defendant of
the consequences shall make a finding on the record whether the
defendant competently, knowingly and voluntarily waives the right
to pursue:
  (A) A petition for certiorari to the United States Supreme
Court;
  (B) Post-conviction relief under ORS 138.510 to 138.680; and
  (C) Federal habeas corpus review under 28 U.S.C. 2254.
  (5) Following the death warrant hearing, a death warrant,
signed by the trial judge of the court in which the judgment was
rendered and attested by the clerk of that court, shall be drawn
and delivered to the superintendent of the correctional
institution designated by the Director of the Department of
Corrections. The death warrant shall specify a day on which the
sentence of death is to be executed and shall authorize and
command the superintendent to execute the judgment of the court.
The trial court shall specify the date of execution of the
sentence, taking into consideration the needs of the Department
of Corrections. The trial court shall specify a date not less
than 90 days nor more than 120 days following the effective date
of the appellate judgment.
  (6)(a) Notwithstanding any other provision in this section, if
the court finds that the defendant suffers from a mental
condition that prevents the defendant from comprehending the
reasons for the sentence of death or its implications, the court
may not issue a death warrant until such time as the court, after
appropriate inquiries, finds that the defendant is able to
comprehend the reasons for the sentence of death and its
implications.
  (b)(A) If the court does not issue a death warrant because it
finds that the defendant suffers from a mental condition that
prevents the defendant from comprehending the reasons for the
sentence of death or its implications, the court shall conduct
subsequent hearings on the issue on motion of the district
attorney or the defendant's counsel or on the court's own motion,
upon a showing that there is substantial reason to believe that
the defendant's condition has changed.
  (B) The court may hold a hearing under this paragraph no more
frequently than once every six months.
  (C) The state and the defendant may obtain an independent
medical, psychiatric or psychological examination of the
defendant in connection with a hearing under this paragraph.

  (D) In a hearing under this paragraph, the defendant has the
burden of proving by a preponderance of the evidence that the
defendant continues to suffer from a mental condition that
prevents the defendant from comprehending the reasons for the
sentence of death or its implications.
  (7) If for any reason a sentence of death is not executed on
the date appointed in the death warrant, and the sentence of
death remains in force and is not stayed under ORS 138.686 or
otherwise by a court of competent jurisdiction, the court that
issued the initial death warrant, on motion of the state and
without further hearing, shall issue a new death warrant
specifying a new date on which the sentence is to be executed.
The court shall specify a date for execution of the sentence,
taking into consideration the needs of the Department of
Corrections. The court shall specify a date not more than
 { - 20 - }   { + 30 + } days after the date on which the state's
motion was filed.
  (8) No appeal may be taken from an order issued pursuant to
this section.
  SECTION 2.  { + The amendments to ORS 137.463 by section 1 of
this 2013 Act apply to motions filed on or after the effective
date of this 2013 Act. + }
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