RESULT OF "YES" VOTE: "Yes" vote creates constitutional ban on persons convicted of certain crimes serving on grand juries, criminal trial juries.RESULT OF "NO" VOTE: "No" vote leaves Constitution without ban on persons convicted of crimes serving on grand juries, criminal trial juries.
SUMMARY: Amends Constitution. Measure would ban service on grand juries, criminal trial juries by persons convicted of felony or who served felony sentence within 15 years immediately preceding the date the persons are required to report for jury duty. Measure would also ban service on grand juries, criminal trial juries by persons convicted of misdemeanors involving violence or dishonesty or who served sentences for such misdemeanors within five years immediately preceding the date the persons are required to report for jury duty. Currently, a statutory ban on trial jury service by a felon exists. No constitutional ban on jury service by a felon or a person convicted of a misdemeanor exists. Does not create cause of action for compensation or damages. Does not allow disqualifying jury, nullifying verdict or indictment, terminating criminal prosecution after jury impaneled and sworn. Does not apply to criminal proceedings when jury impaneled prior to measure's effective date.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.
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) In all grand juries and in all prosecutions
for crimes tried to a jury, the jury shall be composed of persons who have
not been convicted:
(a) Of a felony or served a felony sentence within
the 15 years immediately preceding the date the persons are required to
report for jury duty; or
(b) Of a misdemeanor involving violence or dishonesty
or served a sentence for a misdemeanor involving violence or dishonesty
within the five years immediately preceding the date the persons are required
to report for jury duty.
(2) This section applies to all criminal proceedings
pending or commenced on or after the effective date of this section, except
a criminal proceeding in which a jury has been impaneled and sworn on 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. Nothing in this section is intended to create
any cause of action for compensation or damages nor may this section be
used to disqualify a jury, invalidate an accusatory instrument, ruling
of a court, conviction or adjudication or otherwise suspend or terminate
any criminal proceeding at any point after a jury is impaneled and sworn
or on appeal.
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.
This measure provides that a person cannot serve as a juror on a grand jury or on a jury in a criminal case if the person:
1. Has been convicted of a felony or has served a felony sentence within the 15 years immediately preceding the date the person is required to report for jury duty; or
2. Has been convicted of a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the person is required to report for jury duty.
Currently, there is no constitutional ban that would prevent a person who has been convicted of a crime from serving on a jury.
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.)
November 2, 1999 Special Election Voters' Pamphlet Table
of Contents