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Section 132.250 – District attorney to ensure proceedings are recorded; electronic recording equipment; shorthand reporter; rules

May 14, 2021 | Criminal Procedure, Oregon

(1)

(a) The district attorney of a county shall ensure that proceedings before the grand jury are recorded in the manner described in this section and ORS 132.260.
(b) The Chief Justice of the Supreme Court shall designate the types of audio electronic recording devices suitable for recording grand jury proceedings and may establish policies and procedures by rule or order to carry out the provisions of this section and ORS 132.260 and 132.270.
(c) The district attorney shall use to record the grand jury proceedings audio electronic recording devices designated, provided and maintained by the Judicial Department.
(2)

(a) The district attorney shall delegate the recording of grand jury proceedings to a grand juror and shall provide instruction to the grand juror concerning the audio electronic recording equipment and requirements of the recording.
(b) Notwithstanding paragraph (a) of this subsection, the court may, upon request of the prosecuting attorney, appoint a certified shorthand reporter as defined in ORS 8.415 or a shorthand reporter certified by a national certification association, who shall be permitted to attend all proceedings of the grand jury for the purpose of taking accurate notes. The shorthand reporter’s services shall be paid for by the prosecuting attorney. The shorthand reporter shall be sworn to correctly report the proceedings of the grand jury described in ORS 132.260 and to keep secret any information concerning the grand jury proceedings.
(c) The grand juror or shorthand reporter recording the proceedings is not subject to subpoena, and may not disclose any information, concerning the grand jury proceedings without prior court order.
(3)

(a) A failure of an audio electronic recording device to accurately record all or part of a grand jury proceeding does not affect the validity of any prosecution or indictment.
(b) A failure of a grand juror to operate an audio electronic recording device in a manner that accurately records all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.
(c) A failure of a shorthand reporter to prepare accurate notes or an accurate report of all or part of a grand jury proceeding, as required, does not affect the validity of any prosecution or indictment.
(4) This section and ORS 132.260 do not apply to grand jury proceedings under ORS 132.440 that inquire into the condition and management of correctional facilities and youth correction facilities.

ORS 132.250

The amendments to 132.250 by section 9, chapter 650, Oregon Laws 2017, become operative July 1, 2019. See section 18, chapter 650, Oregon Laws 2017. The text that is operative on and after July 1, 2019, is set forth for the user’s convenience.