Governors Committee On DUII's Votes To Support HB 3025!!
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in anamended section is new. Matter within { - braces and minussigns - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 3089
Oregon House Bill 3025 Sponsored by Representative Deborah Boone
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.
Clarifies that district attorney may take control of investigation and prosecution of any misdemeanor committed in county served by district attorney.
A BILL FOR AN AC Relating to district attorneys; amending ORS 8.660.
Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 8.660 is amended to read: 8.660. (1) The district attorney shall attend the terms of all courts having jurisdiction of public offenses within the district attorney's county, and, except as otherwise provided in this section, conduct, on behalf of the state, all prosecutions for such offenses therein. { + Notwithstanding any provision of ORS chapter 221, a district attorney may take control of the investigation and prosecution of any misdemeanor committed in the county served by the district attorney. + } (2) A district attorney shall not conduct prosecutions under this section when: (a) A city attorney is prosecuting a violation under ORS chapter 153; or (b) The district attorney is prohibited from appearing in a violation proceeding under the provisions of ORS 153.076 (Conduct of trial
(6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 §21])