Bill Text: OR SB798 | 2013 | Regular Session | Introduced

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Bill Title: Relating to alternate jurors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB798 Detail]

Download: Oregon-2013-SB798-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 3595

                         Senate Bill 798

Sponsored by Senator PROZANSKI

                             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.

  Allows court to replace juror with alternate juror in criminal
case after jury begins deliberations in certain circumstances.

                        A BILL FOR AN ACT
Relating to alternate jurors; amending ORS 136.280 and 136.773.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 136.280 is amended to read:
  136.280. { +  (1) + } If, before the final submission of the
case, any juror dies or is unable to perform the duty because of
illness or other   { - cause which the court deems sufficient,
the juror shall be dismissed - }  { +  sufficient cause, the
court shall discharge the juror + } from the case. Except as
provided by ORS 163.150, the court shall
  { - cause to be drawn - }  { +  draw + } the name of an
alternate juror, who shall then become a member of the jury as
though the alternate juror had been selected as one of the
original jurors.
   { +  (2) + }  { + If, after the jury has begun deliberations,
any juror dies or is unable to perform the duty because of
illness or other sufficient cause, the court may discharge the
juror from the case and draw the name of an alternate juror to
replace the discharged juror if:
  (a) The court finds that neither party will be prejudiced by
the substitution of the alternate juror; and
  (b) An alternate juror is available and has not yet been
discharged.
  (3) If an alternate juror replaces a juror after deliberations
have begun under this section, the court shall instruct the jury
to begin deliberations anew. + }
   { +  (4) + } Except as provided in { +  subsection (2) of this
section and + } ORS 136.773 (5), any alternate juror not selected
to become a member of the jury shall be   { - dismissed - }  { +
discharged + } from the case upon its final submission to the
jury.
  SECTION 2. ORS 136.773 is amended to read:
  136.773. (1) When an enhancement fact relates to the defendant,
the court shall submit the enhancement fact to the jury during
the sentencing phase of the criminal proceeding if the defendant
is found guilty of an offense to which the enhancement fact
applies unless the defendant makes a written waiver of the right
to a jury trial on the enhancement fact and:
  (a) Admits to the enhancement fact; or
  (b) Elects to have the enhancement fact tried to the court.
  (2) If the defendant makes the election under subsection (1)(b)
of this section and is found guilty during the trial phase of the
criminal proceeding, the enhancement fact shall be tried during
the sentencing phase of the proceeding.
  (3) If there is more than one enhancement fact relating to the
defendant and the defendant does not admit to all of them, the
defendant shall elect to try to the jury or to the court all
enhancement facts relating to the defendant to which the
defendant does not admit.
  (4) If two or more defendants are being tried in the same
criminal proceeding, each defendant shall make the elections
required by this section.
  (5) Unless the defendant waives the right to a jury trial on
enhancement facts related to the defendant, the sentencing phase
shall be conducted in the trial court before the jury following a
finding of guilt by the jury. If for any reason a juror is unable
to perform the function of a juror, the court shall dismiss the
juror from the sentencing phase and draw the name of one of the
alternate jurors. The alternate juror then becomes a member of
the jury for the sentencing phase notwithstanding the fact that
the alternate juror did not deliberate on the issue of guilt. The
court may allow the substitution of an alternate juror { +  after
the jury has begun deliberations + } only if the { +  court makes
the findings as required by ORS 136.280 (2) and instructs the
jury to begin deliberations anew + }   { - jury has not begun to
deliberate on the issue of an enhancement fact - } .
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