House Joint Resolution 93--Referred to the Electorate of Oregon by the 1999 Legislature to be voted on at the Special Election, November 2, 1999.

BALLOT TITLE


73

AMENDS CONSTITUTION: LIMITS IMMUNITY FROM CRIMINAL PROSECUTION OF PERSON ORDERED TO TESTIFY ABOUT HIS OR HER CONDUCT.
RESULT OF "YES" VOTE: "Yes" vote limits immunity from criminal prosecution of person ordered to testify about his or her
conduct.

RESULT OF "NO" VOTE: "No" vote retains immunity from criminal prosecution of person ordered to testify about his or her
conduct.

SUMMARY: Amends Constitution. Currently, a person may be ordered to give testimony about a crime the person is suspected of committing only if given complete immunity from prosecution for that crime. Measure would eliminate complete immunity and allow person to be ordered to testify about crime the person is suspected of committing, provided that in any criminal trial against the person that testimony, and information derived from that testimony, would be excluded from evidence and could not be used against the person. A person who disobeyed an order to testify could be prosecuted for contempt. Measure applies to criminal prosecutions and juvenile court delinquency proceedings.

ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.


TEXT OF MEASURE

Be It Resolved by the Legislative Assembly of the State of Oregon:

    PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article I, such section to read:
    (1) A person may be compelled to testify concerning a criminal offense the person may have committed provided that in any prosecution of the person for that offense neither that testimony nor any evidence derived from that testimony may be admitted against the person.
    (2) This section applies to all criminal and juvenile court delinquency proceedings pending or commenced on or after the effective date of this section. Nothing in this section reduces a criminal defendant's rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution.
    (3) As used in this section, "criminal defendant" includes an alleged youth offender in juvenile court delinquency proceedings.

    PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at a special election held throughout this state on the date specified in section 2, chapter _____, Oregon Laws 1999 (Enrolled House Bill 2354).

NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.


EXPLANATORY STATEMENT

    This measure amends the Bill of Rights in the Oregon Constitution to change the effect of compelling a person to testify about a crime that the person is suspected of having committed.

    Currently, a person may be ordered to give testimony about a crime the person is suspected of committing only if the person is given complete immunity from prosecution for that crime. Under the grant of complete immunity, the person cannot be prosecuted for the crime even if the state obtains evidence from a source independent of the person's testimony. Unless the state grants the person complete immunity, the person can refuse to testify.

    This measure would eliminate the complete immunity. Under this measure, a person could be made to testify about a crime the person is suspected of committing and could be prosecuted for the crime. However, the state would be prohibited from using the person's testimony or any information derived from that testimony against the person in the prosecution.

    Except as otherwise specifically provided, this measure supersedes any conflicting section of the Oregon Constitution.
 
Committee Members: 
Senator Neil Bryant 
Representative Kevin Mannix
Senator Kate Brown
Representative Floyd Prozanski 
Representative Lane Shetterly
Appointed By:
President of the Senate
Speaker of the House
Secretary of State
Secretary of State
Members of the Committee

(This committee was appointed to provide an impartial explanation of the ballot measure pursuant to
 ORS 251.215.)


Arguments In Favor

Arguments In Opposition

November 2, 1999 Special Election Voters' Pamphlet Table of Contents