House Joint Resolution 89--Referred to the Electorate of Oregon by the 1999 Legislature to be voted on at the Special Election, November 2, 1999.

BALLOT TITLE


75

AMENDS CONSTITUTION: PERSONS CONVICTED OF CERTAIN CRIMES CANNOT SERVE ON GRAND JURIES, CRIMINAL TRIAL JURIES.
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.


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) 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.


EXPLANATORY STATEMENT

    This measure amends the Bill of Rights in the Oregon Constitution by imposing constitutional restrictions on who can act as a juror on a grand jury or on a jury in a criminal case.

    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.)


Arguments In Favor

Arguments In Opposition

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