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Article I, Oregon Constitution

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Oregon Constitution
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PreambleIIIIIIIVVVIVIIVIIIIXXX-AXIXI-AXI-BXI-CXI-DXI-EXI-F(1)XI-F(2)XI-GXI-HXI-I(1)XI-I(2)XI-JXI-KXI-LXI-MXI-NXI-OXI-PXIIXIIIXIVXVXVIXVIIXVIII
Article I of the Oregon Constitution is entitled Bill of Rights and consists of 46 sections.

Section 1

Text of Section 1:

Natural Rights Inherent in People

We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.[1]

Section 2

Text of Section 2:

Freedom of Worship

All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.[1]

Section 3

Text of Section 3:

Freedom of Religious Opinion

No law shall in any case whatever control the free exercise, and enjoyment of religeous [sic] opinions, or interfere with the rights of conscience.[1]

Section 4

Text of Section 4:

No Religious Qualification for Office

No religious test shall be required as a qualification for any office of trust or profit.[1]

Section 5

Text of Section 5:

No Money to Be Appropriated for Religion

No money shall be drawn from the Treasury for the benefit of any religeous [sic], or theological institution, nor shall any money be appropriated for the payment of any religeous [sic] services in either house of the Legislative Assembly.[1]

Section 6

Text of Section 6:

No Religious Test for Witnesses or Jurors

No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religeon [sic]; nor be questioned in any Court of Justice touching his religeous [sic] belief to affect the weight of his testimony.[1]

Section 7

Text of Section 7:

Manner of Administering Oath or Affirmation

The mode of administering an oath, or affirmation shall be such as may be most consistent with, and binding upon the conscience of the person to whom such oath or affirmation may be administered.[1]

Section 8

Text of Section 8:

Freedom of Speech and Press

No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.[1]

Section 9

Text of Section 9:

Unreasonable Searches or Seizures

No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.[1]

Section 10

Text of Section 10:

Administration of Justice

No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.[1]

Section 11

Text of Section 11:

Rights of Accused in Criminal Prosecution

In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor; provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing; provided, however, that in the circuit court ten members of the jury may render a verdict of guilty or not guilty, save and except a verdict of guilty of first degree murder, which shall be found only by a unanimous verdict, and not otherwise; provided further, that the existing laws and constitutional provisions relative to criminal prosecutions shall be continued and remain in effect as to all prosecutions for crimes committed before the taking effect of this amendment.[1]

Amendments

Note: The leadline to section 11 was a part of the measure submitted to the people by S.J.R. 4, 1931.

Section 12

Text of Section 12:

Double Jeopardy; Compulsory Self-Incrimination

No person shall be put in jeopardy twice for the same offence [sic], nor be compelled in any criminal prosecution to testify against himself.[1]

Section 13

Text of Section 13:

Treatment of Arrested or Confined Persons

No person arrested, or confined in jail, shall be treated with unnecessary rigor.[1]

Section 14

Text of Section 14:

Bailable Offenses

Offences [sic], except murder, and treason, shall be bailable by sufficient sureties. Murder or treason, shall not be bailable, when the proof is evident, or the presumption strong.[1]

Section 15

Text of Section 15:

Foundation Principles of Criminal Law

Laws for the punishment of crime shall be founded on these principles: protection of society, personal responsibility, accountability for one’s actions and reformation.[1]

Amendments

  • Amendment proposed by S.J.R. 32, 1995, and adopted by the people Nov. 5, 1996.

Section 16

Text of Section 16:

Excessive Bail and Fines; Cruel and Unusual Punishments; Power of Jury in Criminal Case

Excessive bail shall not be required, nor excessive fines imposed. Cruel and unusual punishments shall not be inflicted, but all penalties shall be proportioned to the offense.–In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases.[1]

Section 17

Text of Section 17:

Jury Trial in Civil Cases

In all civil cases the right of Trial by Jury shall remain inviolate.[1]

Section 18

Text of Section 18:

Private Property or Services Taken for Public Use

Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use.[1]

Amendments

  • Amendment proposed by S.J.R. 17, 1919, and adopted by the people May 21, 1920.
  • Amendment proposed by S.J.R. 8, 1923, and adopted by the people Nov. 4, 1924.

Section 19

Text of Section 19:

Imprisonment for Debt

There shall be no imprisonment for debt, except in case of fraud or absconding debtors.[1]

Section 20

Text of Section 20:

Equality of Privileges and Immunities of Citizens

No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.[1]

Section 21

Text of Section 21:

Ex-Post Facto Laws; Laws Impairing Contracts; Laws Depending on Authorization in Order to Take Effect; Laws Submitted to Electors

No ex-post facto law, or law impairing the obligation of contracts shall ever be passed, nor shall any law be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution; provided, that laws locating the Capitol of the State, locating County Seats, and submitting town, and corporate acts, and other local, and Special laws may take effect, or not, upon a vote of the electors interested.[1]

Section 22

Text of Section 22:

Suspension of Operation of Laws

The operation of the laws shall never be suspended, except by the Authority of the Legislative Assembly.[1]

Section 23

Text of Section 23:

Habeas Corpus

The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion, or invasion the public safety require it.[1]

Section 24

Text of Section 24:

Treason

Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid or comfort.–No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open Court.[1]

Section 25

Text of Section 25:

Corruption of Blood or Forfeiture of Estate

No conviction shall work corruption of blood, or forfeiture of estate.[1]

Section 26

Text of Section 26:

Assemblages of People; Instruction of Representatives; Application to Legislature

No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of greviances [sic].[1]

Section 27

Text of Section 27:

Right to Bear Arms; Military Subordinate to Civil Power

The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.][1]

Section 28

Text of Section 28:

Quartering Soldiers

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law.[1]

Section 29

Text of Section 29:

Titles of Nobility; Hereditary Distinctions

No law shall be passed granting any title of Nobility, or conferring hereditary distinctions.[1]

Section 30

Text of Section 30:

Emigration

No law shall be passed prohibiting emigration from the State.[1]

Section 31

Text of Section 31:

Rights of Aliens; Immigration to State

Repealed.[1]

Amendments

  • Repeal proposed by H.J.R. 16, 1969, and adopted by the people May 26, 1970.

Section 32

Text of Section 32:

Taxes and Duties; Uniformity of Taxation

No tax or duty shall be imposed without the consent of the people or their representatives in the Legislative Assembly; and all taxation shall be uniform on the same class of subjects within the territorial limits of the authority levying the tax.[1]

Amendments

  • Amendment proposed by H.J.R. 16, 1917, and adopted by the people June 4, 1917.

Section 33

Text of Section 33:

Enumeration of Rights Not Exclusive

This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.[1]

Section 34

Text of Section 34:

Slavery or Involuntary Servitude

There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.[1]

Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with section 4 of Article XVIII thereof.

Section 35

Text of Section 35:

Restrictions on Rights of Certain Persons

Repealed.[1]

Amendments

  • Repeal proposed by H.J.R. 8, 1925, and adopted by the people Nov. 2, 1926.

Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with Section 4 of Article XVIII thereof.

Section 36

Text of Section 36:

Liquor Prohibition

Repealed.[1]

Amendments

  • Created through initiative petition filed July 1, 1914, and adopted by the people Nov. 3, 1914.
  • Repeal proposed by initiative petition filed March 20, 1933, and adopted by the people July 21, 1933.

Section 36

Text of Section 36:

Capital Punishment Abolished

Repealed.[1]

Amendments

  • Created through initiative petition filed July 2, 1914, and adopted by the people Nov. 3, 1914.
  • Repeal proposed by S.J.R. 8, 1920 (s.s.), and adopted by the people May 21, 1920, as Constitutional Art. I, §38.

Note: At the general election in 1914 two sections, each designated as section 36, were created and added to the Constitution by separate initiative petitions. One of these sections was the prohibition section and the other abolished capital punishment.

Section 36a

Text of Section 36a:

Prohibition of Importation of Liquors

Repealed.[1]

Amendments

  • Created through initiative petition filed July 6, 1916, and adopted by the people Nov. 7, 1916.
  • Repeal proposed by initiative petition filed March 20, 1933, and adopted by the people July 21, 1933.

Section 37

Text of Section 37:

Penalty for Murder in First Degree

Repealed.[1]

Amendments

  • Created through S.J.R. 8, 1920, and adopted by the people May 21, 1920.
  • Repeal proposed by S.J.R. 3, 1963, and adopted by the people Nov. 3, 1964.

Section 38

Text of Section 38:

Laws Abrogated by Amendment Abolishing Death Penalty Revived

Repealed.[1]

Amendments

  • Created through S.J.R. 8, 1920, and adopted by the people May 21, 1920.
  • Repeal proposed by S.J.R. 3, 1963, and adopted by the people Nov. 3, 1964.

Section 39

Text of Section 39:

Sale of Liquor by Individual Glass

The State shall have power to license private clubs, fraternal organizations, veterans’ organizations, railroad corporations operating interstate trains and commercial establishments where food is cooked and served, for the purpose of selling alcoholic liquor by the individual glass at retail, for consumption on the premises, including mixed drinks and cocktails, compounded or mixed on the premises only. The Legislative Assembly shall provide in such detail as it shall deem advisable for carrying out and administering the provisions of this amendment and shall provide adequate safeguards to carry out the original intent and purpose of the Oregon Liquor Control Act, including the promotion of temperance in the use and consumption of alcoholic beverages, encourage the use and consumption of lighter beverages and aid in the establishment of Oregon industry. This power is subject to the following:

(1) The provisions of this amendment shall take effect and be in operation sixty (60) days after the approval and adoption by the people of Oregon; provided, however, the right of a local option election exists in the counties and in any incorporated city or town containing a population of at least five hundred (500). The Legislative Assembly shall prescribe a means and a procedure by which the voters of any county or incorporated city or town as limited above in any county, may through a local option election determine whether to prohibit or permit such power, and such procedure shall specifically include that whenever fifteen per cent (15%) of the registered voters of any county in the state or of any incorporated city or town as limited above, in any county in the state, shall file a petition requesting an election in this matter, the question shall be voted upon at the next regular November biennial election, provided said petition is filed not less than sixty (60) days before the day of election.

(2) Legislation relating to this matter shall operate uniformly throughout the state and all individuals shall be treated equally; and all provisions shall be liberally construed for the accomplishment of these purposes.[1]

Amendments

  • Created through initiative petition filed July 2, 1952, and adopted by the people Nov. 4, 1952.

Section 40

Text of Section 40:

Penalty for Aggravated Murder

Notwithstanding sections 15 and 16 of this Article, the penalty for aggravated murder as defined by law shall be death upon unanimous affirmative jury findings as provided by law and otherwise shall be life imprisonment with minimum sentence as provided by law.[1]

Amendments

  • Created through initiative petition filed July 6, 1983, and adopted by the people Nov. 6, 1984.

Section 41

Text of Section 41:

Work and Training for Corrections Institution Inmates; Work Programs; Limitations; Duties of Corrections Director

(1) Whereas the people of the state of Oregon find and declare that inmates who are confined in corrections institutions should work as hard as the taxpayers who provide for their upkeep; and whereas the people also find and declare that inmates confined within corrections institutions must be fully engaged in productive activity if they are to successfully re-enter society with practical skills and a viable work ethic; now, therefore, the people declare:

(2) All inmates of state corrections institutions shall be actively engaged full-time in work or on-the-job training. The work or on-the-job training programs shall be established and overseen by the corrections director, who shall ensure that such programs are cost-effective and are designed to develop inmate motivation, work capabilities and cooperation. Such programs may include boot camp prison programs. Education may be provided to inmates as part of work or on-the-job training so long as each inmate is engaged at least half-time in hands-on training or work activity.

(3) Each inmate shall begin full-time work or on-the-job training immediately upon admission to a corrections institution, allowing for a short time for administrative intake and processing. The specific quantity of hours per day to be spent in work or on-the-job training shall be determined by the corrections director, but the overall time spent in work or training shall be full-time. However, no inmate has a legally enforceable right to a job or to otherwise participate in work, on-the-job training or educational programs or to compensation for work or labor performed while an inmate of any state, county or city corrections facility or institution. The corrections director may reduce or exempt participation in work or training programs by those inmates deemed by corrections officials as physically or mentally disabled, or as too dangerous to society to engage in such programs.

(4) There shall be sufficient work and training programs to ensure that every eligible inmate is productively involved in one or more programs. Where an inmate is drug and alcohol addicted so as to prevent the inmate from effectively participating in work or training programs, corrections officials shall provide appropriate drug or alcohol treatment.

(5) The intent of the people is that taxpayer-supported institutions and programs shall be free to benefit from inmate work. Prison work programs shall be designed and carried out so as to achieve savings in government operations, so as to achieve a net profit in private sector activities or so as to benefit the community.

(6) The provisions of this section are mandatory for all state corrections institutions. The provisions of this section are permissive for county or city corrections facilities. No law, ordinance or charter shall prevent or restrict a county or city governing body from implementing all or part of the provisions of this section. Compensation, if any, shall be determined and established by the governing body of the county or city which chooses to engage in prison work programs, and the governing body may choose to adopt any power or exemption allowed in this section.

(7) The corrections director shall contact public and private enterprises in this state and seek proposals to use inmate work. The corrections director may: (a) install and equip plants in any state corrections institution, or any other location, for the employment or training of any of the inmates therein; or (b) purchase, acquire, install, maintain and operate materials, machinery and appliances necessary to the conduct and operation of such plants. The corrections director shall use every effort to enter into contracts or agreements with private business concerns or government agencies to accomplish the production or marketing of products or services produced or performed by inmates. The corrections director may carry out the director’s powers and duties under this section by delegation to others.

(8) Compensation, if any, for inmates who engage in prison work programs shall be determined and established by the corrections director. Such compensation shall not be subject to existing public or private sector minimum or prevailing wage laws, except where required to comply with federal law. Inmate compensation from enterprises entering into agreements with the state shall be exempt from unemployment compensation taxes to the extent allowed under federal law. Inmate injury or disease attributable to any inmate work shall be covered by a corrections system inmate injury fund rather than the workers compensation law. Except as otherwise required by federal law to permit transportation in interstate commerce of goods, wares or merchandise manufactured, produced or mined, wholly or in part by inmates or except as otherwise required by state law, any compensation earned through prison work programs shall only be used for the following purposes: (a) reimbursement for all or a portion of the costs of the inmate’s rehabilitation, housing, health care, and living costs; (b) restitution or compensation to the victims of the particular inmate’s crime; (c) restitution or compensation to the victims of crime generally through a fund designed for that purpose; (d) financial support for immediate family of the inmate outside the corrections institution; and (e) payment of fines, court costs, and applicable taxes.

(9) All income generated from prison work programs shall be kept separate from general fund accounts and shall only be used for implementing, maintaining and developing prison work programs. Prison industry work programs shall be exempt from statutory competitive bid and purchase requirements. Expenditures for prison work programs shall be exempt from the legislative appropriations process to the extent the programs rely on income sources other than state taxes and fees. Where state taxes or fees are the source of capital or operating expenditures, the appropriations shall be made by the legislative assembly. The state programs shall be run in a businesslike fashion and shall be subject to regulation by the corrections director. Expenditures from income generated by state prison work programs must be approved by the corrections director. Agreements with private enterprise as to state prison work programs must be approved by the corrections director. The corrections director shall make all state records available for public scrutiny and the records shall be subject to audit by the Secretary of State.

(10) Prison work products or services shall be available to any public agency and to any private enterprise of any state, any nation or any American Indian or Alaskan Native tribe without restriction imposed by any state or local law, ordinance or regulation as to competition with other public or private sector enterprises. The products and services of corrections work programs shall be provided on such terms as are set by the corrections director. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding for-profit prison work programs that produce goods or services offered for sale in the private sector if the establishment or expansion would displace or significantly reduce preexisting private enterprise. To the extent determined possible by the corrections director, the corrections director shall avoid establishing or expanding prison work programs if the establishment or expansion would displace or significantly reduce government or nonprofit programs that employ persons with developmental disabilities. However, the decision to establish, maintain, expand, reduce or terminate any prison work program remains in the sole discretion of the corrections director.

(11) Inmate work shall be used as much as possible to help operate the corrections institutions themselves, to support other government operations and to support community charitable organizations. This work includes, but is not limited to, institutional food production; maintenance and repair of buildings, grounds, and equipment; office support services, including printing; prison clothing production and maintenance; prison medical services; training other inmates; agricultural and forestry work, especially in parks and public forest lands; and environmental clean-up projects. Every state agency shall cooperate with the corrections director in establishing inmate work programs.

(12) As used throughout this section, unless the context requires otherwise: “full-time” means the equivalent of at least forty hours per seven day week, specifically including time spent by inmates as required by the Department of Corrections, while the inmate is participating in work or on-the-job training, to provide for the safety and security of the public, correctional staff and inmates; “corrections director” means the person in charge of the state corrections system.

(13) This section is self-implementing and supersedes all existing inconsistent statutes. This section shall become effective April 1, 1995. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect.[1]

Amendments

  • Created through initiative petition filed Jan. 12, 1994, and adopted by the people Nov. 8, 1994.
  • Amendment proposed by H.J.R. 2, 1997, and adopted by the people May 20, 1997.
  • Amendment proposed by H.J.R. 82, 1999, and adopted by the people Nov. 2, 1999.

Note: Added to Article I as unnumbered section by initiative petition (Measure No. 17, 1994) adopted by the people Nov. 8, 1994.

Note: An initiative petition (Measure No. 40, 1996) proposed adding a new section relating to crime victims’ rights to the Oregon Constitution. That section, appearing as section 42 of Article I in previous editions of this Constitution, was declared void for not being enacted in compliance with section 1, Article XVII of this Constitution. See Armatta v. Kitzhaber, 327 Or. 250, 959 P.2d 49 (1998).

Section 42

Text of Section 42:

Rights of Victim in Criminal Prosecutions and Juvenile Court Delinquency Proceedings

(1) To preserve and protect the right of crime victims to justice, to ensure crime victims a meaningful role in the criminal and juvenile justice systems, to accord crime victims due dignity and respect and to ensure that criminal and juvenile court delinquency proceedings are conducted to seek the truth as to the defendant’s innocence or guilt, and also to ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal and juvenile court delinquency proceedings, the following rights are hereby granted to victims in all prosecutions for crimes and in juvenile court delinquency proceedings:

(a) The right to be present at and, upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present, and to be heard at the pretrial release hearing and the sentencing or juvenile court delinquency disposition;

(b) The right, upon request, to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal and equivalent information regarding the alleged youth offender or youth offender;

(c) The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant provided, however, that nothing in this paragraph shall restrict any other constitutional right of the defendant to discovery against the state;

(d) The right to receive prompt restitution from the convicted criminal who caused the victim’s loss or injury;

(e) The right to have a copy of a transcript of any court proceeding in open court, if one is otherwise prepared;

(f) The right to be consulted, upon request, regarding plea negotiations involving any violent felony; and

(g) The right to be informed of these rights as soon as practicable.

(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. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, conviction or adjudication or otherwise terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal. Except as otherwise provided in subsections (3) and (4) of this section, nothing in this section may be used to invalidate a ruling of a court or to suspend any criminal or juvenile delinquency proceedings at any point after the case is commenced.

(3)(a) Every victim described in paragraph (c) of subsection

(6) of this section shall have remedy by due course of law for violation of a right established in this section.

(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.

(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.

(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant guaranteed by this Constitution or the Constitution of the United States.

(4) Upon the victim’s request, the prosecuting attorney, in the attorney’s discretion, may assert and enforce a right established in this section.

(5) Upon the filing by the prosecuting attorney of an affidavit setting forth cause, a court shall suspend the rights established in this section in any case involving organized crime or victims who are minors.

(6) As used in this section:

(a) “Convicted criminal” includes a youth offender in juvenile court delinquency proceedings.

(b) “Criminal defendant” includes an alleged youth offender in juvenile court delinquency proceedings.

(c) “Victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor.

(d) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.

(7) In the event that no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.[1]

Amendments

  • Created through H.J.R. 87, 1999, and adopted by the people Nov. 2, 1999.
  • Amendment proposed by H.J.R. 49, 2007, and adopted by the people May 20, 2008.

Note: The effective date of House Joint Resolutions 87, 89, 90 and 94, compiled as sections 42, 43, 44 and 45, Article I, is Dec. 2, 1999.

Note: Sections 42, 43, 44 and 45, were added to Article I as unnumbered sections by the amendments proposed by House Joint Resolutions 87, 89, 90 and 94, 1999, and adopted by the people Nov. 2, 1999.

Section 43

Text of Section 43:

Rights of Victim and Public to Protection from Accused Person During Criminal Proceedings; Denial of Pretrial Release

(1) To ensure that a fair balance is struck between the rights of crime victims and the rights of criminal defendants in the course and conduct of criminal proceedings, the following rights are hereby granted to victims in all prosecutions for crimes:

(a) The right to be reasonably protected from the criminal defendant or the convicted criminal throughout the criminal justice process and from the alleged youth offender or youth offender throughout the juvenile delinquency proceedings.

(b) The right to have decisions by the court regarding the pretrial release of a criminal defendant based upon the principle of reasonable protection of the victim and the public, as well as the likelihood that the criminal defendant will appear for trial. Murder, aggravated murder and treason shall not be bailable when the proof is evident or the presumption strong that the person is guilty. Other violent felonies shall not be bailable when a court has determined there is probable cause to believe the criminal defendant committed the crime, and the court finds, by clear and convincing evidence, that there is danger of physical injury or sexual victimization to the victim or members of the public by the criminal defendant while on release.

(2) This section applies to proceedings pending or commenced on or after the effective date of this section. Nothing in this section abridges any right of the criminal defendant guaranteed by the Constitution of the United States, including the rights to be represented by counsel, have counsel appointed if indigent, testify, present witnesses, cross-examine witnesses or present information at the release hearing. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, conviction or adjudication or otherwise terminate any criminal or juvenile delinquency proceeding at any point after the case is commenced or on appeal. Except as otherwise provided in paragraph (b) of subsection (4) of this section and in subsection (5) of this section, nothing in this section may be used to invalidate a ruling of a court or to suspend any criminal or juvenile delinquency proceedings at any point after the case is commenced. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution.

(3) As used in this section:

(a) “Victim” means any person determined by the prosecuting attorney or the court to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor.

(b) “Violent felony” means a felony in which there was actual or threatened serious physical injury to a victim or a felony sexual offense.

(4)(a) The prosecuting attorney is the party authorized to assert the rights of the public established by this section.

(b) Upon the victim’s request, the prosecuting attorney, in the attorney’s discretion, may assert and enforce a right established in this section.

(5)(a) Every victim described in paragraph (a) of subsection (3) of this section shall have remedy by due course of law for violation of a right established in this section.

(b) A victim may assert a claim for a right established in this section in a pending case, by a mandamus proceeding if no case is pending or as otherwise provided by law.

(c) The Legislative Assembly may provide by law for further effectuation of the provisions of this subsection, including authorization for expedited and interlocutory consideration of claims for relief and the establishment of reasonable limitations on the time allowed for bringing such claims.

(d) No claim for a right established in this section shall suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a criminal defendant or alleged youth offender guaranteed by this Constitution or the Constitution of the United States.

(6) In the event that no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.[1]

Amendments

  • Created through H.J.R. 90, 1999, and adopted by the people Nov. 2, 1999.
  • Amendment proposed by H.J.R. 50, 2007, and adopted by the people May 20, 2008.

Note: See notes under section 42 of this Article.

Section 44

Text of Section 44:

Term of Imprisonment Imposed by Court to Be Fully Served; Exceptions

(1)(a) A term of imprisonment imposed by a judge in open court may not be set aside or otherwise not carried out, except as authorized by the sentencing court or through the subsequent exercise of:

(A) The power of the Governor to grant reprieves, commutations and pardons; or

(B) Judicial authority to grant appellate or post-conviction relief.

(b) No law shall limit a court’s authority to sentence a criminal defendant consecutively for crimes against different victims.

(2) This section applies to all offenses committed 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. Nothing in this section creates any cause of action for compensation or damages nor may this section be used to invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal or juvenile delinquency proceedings at any point after the case is commenced or on appeal.

(3) As used in this section, “victim” means any person determined by the prosecuting attorney to have suffered direct financial, psychological or physical harm as a result of a crime and, in the case of a victim who is a minor, the legal guardian of the minor. In the event no person has been determined to be a victim of the crime, the people of Oregon, represented by the prosecuting attorney, are considered to be the victims. In no event is it intended that the criminal defendant be considered the victim.[1]

Amendments

Note: See notes under section 42 of this Article.

Section 45

Text of Section 45:

Person Convicted of Certain Crimes Not Eligible to Serve as Juror on Grand Jury or Trial Jury in Criminal Case

(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.[1]

Amendments

See also

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