74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1243
 
                           A-Engrossed
 
                         Senate Bill 445
                  Ordered by the Senate April 2
            Including Senate Amendments dated April 2
 
Sponsored by 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.
 
  Requires judge to appoint stenographic reporter for proceedings
in aggravated murder trials.
  Requires that record of proceedings in aggravated murder trials
be made by means of mechanical or electronic typing device.
  Requires office of State Court Administrator to pay costs of
stenographic reporting services.
   { +  Declares emergency, effective October 1, 2007. + }
 
                        A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 8.340; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 8.340 is amended to read:
  8.340. (1) It shall be the duty of each official reporter of
the circuit court, justice court or municipal court to attend the
court for which the reporter is appointed at such times as the
judge or justice of the peace may direct.
  (2) A circuit court reporter shall be appointed under a
personnel plan established by the Chief Justice of the Supreme
Court. Reporters for a justice or municipal court are not subject
to this subsection.
  (3) A reporter is an officer of the court in which the reporter
serves and of any court to which an appeal is made whenever the
reporter has recorded the proceedings that are the subject of the
appeal.
  (4) Upon the trial or hearing of any cause, the judge or
justice of the peace upon the motion of the judge or justice of
the peace may, and upon the request of either party shall, order
a report of the proceedings, in which case the reporter shall, in
the manner provided in subsection   { - (5) - }   { + (6) + } of
this section, make a report of the oral testimony and other
proceedings of the trial or hearing to the extent required by the
court or by the requesting party.
   { +  (5)(a) Notwithstanding subsection (4) of this section, in
a trial or hearing involving a charge of aggravated murder as
defined in ORS 163.095, the judge shall appoint a stenographic
reporter in accordance with policies and procedures established
by the State Court Administrator relating to the types of
proceedings that are to be recorded using a stenographic reporter
and other matters pertaining to the use of stenographic reporting
in a trial or hearing involving a charge of aggravated murder.
The reporter shall make a record of the oral testimony and other
proceedings of the trial or hearing by means of a mechanical or
electronic typing device. A record made under this subsection is
the official record of the proceedings.
  (b) The office of the State Court Administrator shall pay the
costs of the stenographic reporting services required by
paragraph (a) of this subsection.
  (c) Unless a reporter appointed under subsection (2) of this
section is available to make a stenographic record of a trial or
hearing, the State Court Administrator shall select stenographic
reporting services as provided in paragraph (a) of this
subsection.
  (d) A reporter providing stenographic reporting services under
paragraph (a) of this subsection shall be certified in shorthand
reporting under ORS 8.415 to 8.455 or by a nationally recognized
certification program. + }
    { - (5) - }   { + (6) Except as provided in subsection (5) of
this section, + } when a report is required, the reporter shall:
  (a) Take accurate notes by shorthand or by means of a
mechanical or electronic typing device; or
  (b) Make audio records pursuant to policies and procedures
established by the State Court Administrator.
    { - (6) - }   { + (7) + } The notes or audio records of the
reporter shall be filed in the office of the clerk of the court
subject to the provisions of ORS 7.120 and except as provided in
ORS 19.385.
    { - (7) - }   { + (8) + } Except in the ninth or tenth
judicial district, in any circuit court proceeding where the
trial court regularly uses audio reporting techniques, any party
may, with reasonable notice to the trial court and at that
party's expense, arrange for the reporting of the proceeding by
stenographic means. When alternative stenographic reporting
occurs, the official record of the proceedings shall be the
record produced by the reporting technique regularly used by the
court, unless otherwise ordered by the court.
  SECTION 2.  { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect October 1,
2007. + }
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