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1999-11-02 - Ballots OFFICIAL BALLOT• SPECIAL ELECTION 007 0 5 9 9 DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 A B C INSTRUCTIONS TO VOTER STATE MEASURES CONTINUED STATE MEASURES CONTINUED USE A PENCIL ONLY TO VOTE, BLACKEN THE OVAL (�) 70 AMENDS CONSTITUTION:GIVES 73 MMUN TYF ROM CRIM NA LIMITS - COMPLETELY TO THE LEFT OF THE PUBLIC,THROUGH PROSECUTOR, RIGHT TO DEMAND JURY TRIAL IN PROSECUTION OF PERSON ORDERED RESPONSE OFYOUR CHOICE. CRIMINAL CASES. TO TESTIFY ABOUT HIS OR HER - CONDUCT. RESULT OF"YES"VOTE:"Yes" - vote gives public,through pros- RESULT OF"YES"VOTE:"Yes" O YES ecutor,right to demand jury trial vote limits immunity from crimi- in criminal cases. nal prosecution of person or- - RESULT OF "NO" VOTE: "No„ cored to testify about his or her O NO O YES conduct. vote retains current right of ac- ,,_ cused person to waive jury with RESULT OF "NO" VOTE: "No" approval of judge and leaves pub vote retains immunity from - 21 lic without right to demand jury O NO criminal prosecution of person trial in criminal cases. ordered to testify about his or - SUMMARY:Amends Constitution. Oregon Con her conduct. stitution currently grants only accused person SUMMARY:Amends Constitution. Currently, a - right to demand jury trial in criminal prosecu- person may be ordered to give testimony about tion. Measure grants public, through prosecu a crime the person is suspected of committing tor,an independent constitutional right to demand only if given complete immunity from prosecu- - jury trial in criminal cases. Currently accused tion for that crime. Measure would eliminate person can waive jury trial with consent of trial complete immunity and allow person to be or- court judge and have case tried to court alone.If dered to testify about crime the person is sus- - STATE MEASURES measure is approved,prosecutor could demand petted of committing,provided that in any crimi- jury trial if accused person requests trial without nal trial against the person that testimony,and REFERRED TO THE PEOPLE BY jury; prosecutor's demand would prevail. Does information derived from that testimony,would - not require jury in juvenile court. be excluded from evidence and could not be THE LEGISLATIVE ASSEMBLY ESTIMATE OF FINANCIAL IMPACT:No financial used against the person. A person who dis- effect on state or local government expenditures obeyed an order to testify could be prosecuted - 68 AMENDS CONSTITUTION:ALLOWS or revenues. for contempt.Measure applies to criminal pros- PROTECTING BUSINESS,CERTAIN ecutions and juvenile court delinquency pro- GOVERNMENT PROGRAMS FROM AMENDS CONSTITUTION:LIMITS ceedings. - PRISON WORK PROGRAMS 71 PRETRIAL RELEASE OF ACCUSED ESTIMATE OF FINANCIAL IMPACT:No financial PERSON TO PROTECT VICTIMS, effect on state or local government expenditures or revenues. - RESULT OF"YES"VOTE:"Yes" PUBLIC. vote allows protecting private enterprise, certain government, RESULT OF"YES"VOTE:"Yes" nonprofit programs from prison 74 AMENDS CONSTITUTION:REQUIRES O YES work program competition. O YES vote limits pretrial release of per TERMS OF IMPRISONMENT - 400 sons accused of violent felonies ANNOUNCED IN COURT BE FULLY RESULT OF "NO" VOTE: "No" to protect victims,public. SERVED,WITH EXCEPTIONS. vote retains prison work pro RESULT OF "NO" VOTE: "No" - 410 O NO grams'unrestricted competition ONO vote leaves current Oregon statu- with private enterprise,govern- tcry pretrial release and consti- RESULT OF"YES"VOTE:"Yes" merit and nonprofit programs. tutional bail provisions un- vote requires terms of impris- - 420 SUMMARY:Amends constitution. Constitution changed. onment announced in court be now mandates prison work programs,which may fully served, with exceptions; SUMMARY:Amends Constitution.Grants victims O guarantees consecutive sen- compete with public, private sector enterprises YES - as Lion-fcomaccused per— --- _ __ stt �y-stat�+aea+lav�A/leasare -rte -� encmg auffiority. would allow corrections director to limit estab- son or convicted criminal throughout criminal - lishment, expansion of: for-profit prison work justice process,and from alleged youth offender NO RESULT OF "NO" VOTE:owes s,services offered for programs producing good or youth offender throughout juvenile delin O vote retains legislature's power sale in private sector to avoid displacing or Sig quency process.Prosecuting attorney is the per- to adopt laws setting aside or - sale in reducing preexisting private enterprise; son authorized to assert rights of victims and modifying terms of imprison- prisonwork prong preexisting displacing enterprise; Sig- public.Pretrial release in criminal cases must be ment announced in court and to nficanw reducinggovernmentornonprofitpro- based on reasonable protection of victims and limit consecutive sentencing - grams employing persons with developmental public as well disabilities.Allows use of inmate work to sup appear for trial.1. Makes violent felonies not bail likelihood accused person will authority.SUMMARY:Amends Constitution.Measure re able when court finds probable cause to believe uiresterms of imprisonment imposed by judge - port community charitable organizations.Other q p changes. accused person committed crime, and danger in open court to be fully served.Effect isto elimi- ESTIMATE OF FINANCIAL IMPACT:No financial exists of physical injury or sexual victimization nate reductions for good conduct or other rea- ESTI ATE OF or local government IMPACT: nt ex a finances to victims or public if accused person released sons unless authorized by sentencing court and - 9 P before trial. permitted by law. Provides exceptions for: re- or revenues. ESTIMATE OF FINANCIAL IMPACT:No financial prieves,commutations or pardons by Governor; - 69 AMENDS CONSTITUTION:GRANTS effect on state or local government expenditures relief from appellate or post-conviction court. or revenues. Measure would bar statutory change reducing VICTIMS CONSTITUTIONAL RIGHTS IN imprisonment already imposed. Measure also CRIMINAL PROSECUTIONS,JUVENILE AMENDS CONSTITUTION:ALLOWS bars laws limiting consecutive sentences for COURT DELINQUENCY PROCEEDINGS. 72 MURDER CONVICTION BY 11 TO 1 crimes against certain victims.Defines"victim" - 510 to include people of Oregon, represented by JURY VERDICT. prosecuting attorney,when no person has been - RESULT OF"YES"VOTE:"Yes" determined to be victim. Person accused of vote grants victims specified RESULT OF"YES"VOTE:"Yes" crime cannot be considered victim. Applies to constitutional rights in criminal vote allows person to be con- offenses committed on or after measure's ef- YES - prosecutions,juvenile court de O OYES vetted by nonunanimous (11 to fective date. linquency proceedings. 1)jury verdict. ESTIMATE OF FINANCIAL IMPACT:No financial - RESULT OF "NO" VOTE: "No" RESULT OF "NO" VOTE: "No,, effect on state or local government expenditures O NO vote leaves victims without spe- O NO vote retains current requirement or revenues. cific constitutional rights in of unanimous(12 to 0)jury ver- criminal prosecutions, juvenile — coa dM-quency procceeding . SUMMARY:Amends Constitution.Oregon Con- SUMMARY: Amends Constitution. Currently, stitution currently permits conviction for murder - Constitution does not grant specific rights to vic- only on unanimous verdict of 12-person jury. tims in criminal prosecutions or juvenile court Measure would permit conviction for murder if delinquency proceedings, although there are 11 members of 12-person jury vote to convict. STATE MEASURES CONTINUED - statutory rights:Measure places specific victims' Measure retains Oregon constitutional provision rights in Constitution,including the right to:be OT R DE OF BALLOT present at,and on request to advance notice of, allowing acquittal on 10 to 2 vote. Unanimous Am open court proceedings when defendant will be verdict would still be required to convict a per iA� , - son of aggravated murder,when the death son present;and at pretrial release hearing,son- tence is possible.Applies to proceedings pend- ing and juvenile court delinquency dispose - tion; obtain information on request about con- viction,sentence,imprisonment,criminal history „� 1i :, and release of defendant or youth offender; impaneled and sworn. - prompt restitution from convicted criminal; ESTIMATE OF FINANCIAL IMPACT:No financial refuse certain discovery requests;be consulted effect on state or local government expenditures WARNING about certain plea negotiations; receive certain or revenues. Any person who, by use of force or - transcripts. other means, unduly influences an ESTIMATE OF FINANCIAL IMPACT:No financial elector to vote in any particular man- effect on state or local government expenditures ner or to refrain from voting, is sub- - or revenues. ject,upon conviction,to imprisonment or to a fine, or both. - - ]LAIM B C OO1 J J 9-101 A VOTE BOTH SIDES OF BALLOT R 007 - 0600 OFFICIAL BALLOT• SPECIAL ELECTION • DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 � E F STATE MEASURES CONTINUED 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 YES persons convicted of certain crimes serving on grand juries, criminal trial juries. C NO RESULT OF "NO" VOTE: "No' vote leaves Constitution without ban an persons convicted of crimes serving on grand juries, criminal trial juries. SUMMARY: Amends Constitution. Measure would ban service on grand juries,criminal trial - served felony sentence within 15 years immedi- ately preceding the date the persons are required �* to report for jury duty. Measure would also ban v. service on grand juries.. criminal trial juries by + Persons convicted of misdemeanors involving �- violence or dishonesty or who served sentences C � for such misdemeanors within five years imme- diately preceding the date the persons are re- quired to report for jury duty.Currently,a statu- tory 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.nul- lifying verdict or indictment, terminating crimi- nal prosecution after jury impaneled and sworn. Does not apply to criminal proceedings when jury impaneled prior to measure's effective date. VOTE ESTIMATE OF FINANCIAL IMPACT: No financial u effect on state or local government expenditures BOTH or revenues. 76 AMENDS GHT, H AVY MOTOR VEHICO SIDES VEHICLE CLASSES PROPORTIONATELY SHARE OF BALLOT HIGHWAY COSTS RESULT OF "YES" VOTE:-Yes" YES vote requires light, heavy ve hicles proportionately share highway costs through vehicle NO fees.fuel tax. RESULT OF "NO" VOTE: "No" vote rejects requiring light,heavy vehicles proportionately share highway costs through fees,fuel tax. SUMMARY: Amends constitution. Constitution now does not specify that motor vehicle fuel tax and vehicle fees for ownership. operation, use, be proportionate to costs of constructing,main- taining system of public highways, roads, rest areas,that are incurred because of different ve- hicle classes.Measure requires that share of rev- enues paid for use of light vehicles (cars) and heavy vehicles(trucks)be proportionate to costs incurred for highway system because of each ve- hicle class. Requires biennial legislative review, adjustment of revenue sources as necessary to ensure fairness, proportionality. ESTIMATE OF FINANCIAL IMPACT:No financial effect on state or local government expenditures or revenues. f __fWE F � J 9-102 OFFICIAL BALLOT• SPECIAL ELECTION 007 0 6 0 1 DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 M - r•A B C INSTRUCTIONS TO VOTER STATE MEASURES CONTINUED STATE MEASURES CONTINUED USE A PENCIL ONLY 73 AMENDS CONSTITUTION:LIMITS TO VOTE, BLACKEN THE OVAL (�) AMENDS CONSTITUTION:GIVES 7U IMMUNITY FROM CRIMINAL - COMPLETELY TO THE LEFT OF THE PUBLIC,THROUGH PROSECUTOR, RIGHT TO DEMAND JURY TRIAL IN PROSECUTION OF PERSON ORDERED RESPONSE OF YOUR CHOICE. CRIMINAL CASES. TO TESTIFY ABOUT HIS OR HER - CONDUCT. RESULT OF"YES"VOTE:"Yes" - vote gives public,through pros- RESULT OF"YES"VOTE:"Yes" O YES ecutor,right to demand jury trial vote limits immunity from crimi- in criminal cases. nal prosecution of person or- RESULT OF "NO" VOTE: "No" dered to testify about his or her - r '. O NO vote retains current right of ac- O YES conduct. ,� ~ _ cused person to waive jury with RESULT OF "NO" VOTE: "No" approval of ud eandleavespub vote retains immunity from - 210 11.1r? Csf� li ithout fright to demand jury O NO criminal prosecution of person Y. ., 4; trial in criminal cases. ordered to testify about his or - SUMMARY:Amends Constitution.Oregon Con- her conduct. stitution currently grants only accused person SUMMARY:Amends Constitution. Currently,a - right to demand jury trial in criminal prosecu- person may be ordered to give-testimony about tion. Measure grants public, through prosecu- a crime the person is suspected of committing tor,an independent constitutional right to demand only if given complete immunity from prosecu- - jury trial in criminal cases. Currently accused tion for that crime. Measure would eliminate person can waive jury trial with consent of trial complete immunity and allow person to be or- court judge and have case tried to court alone.If dered to testify about crime the person is sus- - STATE MEASURES measure is approved,prosecutor could demand petted of committing,provided that in any crimi- jury trial if accused person requests trial without nal trial against the person that testimony,and REFERRED TO THE PEOPLE BY jury; prosecutor's demand would prevail. Does information derived from that testimony,would - not require jury in juvenile court. be excluded from evidence and could not be THE LEGISLATIVE ASSEMBLY ESTIMATE OF FINANCIAL IMPACT:No financial used against the person. A person who dis- effect on state or local government expenditures obeyed an order to testify could be prosecuted - AMENDS CONSTITUTION:ALLOWS for contempt.Measure applies to criminal pros- 68 PROTECTING BUSINESS,CERTAIN or revenues. ecutions and juvenile court delinquency pro- GOVERNMENT PROGRAMS FROM AMENDS CONSTITUTION:LIMITS ceedings. - PRISON WORK PROGRAMS 71 PRETRIAL RELEASE OF ACCUSED ESTIMATE OF FINANCIAL IMPACT:No financial PERSON TO PROTECT VICTIMS, effect on state or local government expenditures or revenues. - RESULT OF"YES"VOTE:"Yes" PUBLIC. vote allows protecting private enterprise, certain government, RESULT OF"YES"VOTE:"Yes" nonprofit programs from prison 74 AMENDS CONSTITUTION:REQUIRES work program competition. O YES vote limits pretrial release of per- TERMS OF IMPRISONMENT - ao - O YES wo sons accused of violent felonies ANNOUNCED IN COURT BE FULLY RESULT OF "NO" VOTE: "No" to protect victims,public. SERVED,WITH EXCEPTIONS. vote retains prison work pro- RESULT OF "NO" VOTE: "No" - 410 O NO grams'unrestricted competition O NO vote leaves current Oregon "No" with pavane enterprise,govern tory pretrial release and consti- RESULT OF"YES"VOTE:"Yes" meat and nonprofit programs. tutional bail provisions un- vote requires terms of impris- = 420 SUMMARY: Amends constitution. Constitution changed. onment announced in court be now mandates prison work programs,which may fully served, with exceptions; SUMMARY:Amends Constitution.Grants victims compete with public, pavane sector enterprises O YES guarantees consecutive_sen- _ ca ab;eprotestier}from-ascus,0d-per -- -_-_guarantees authority. would allow corrections director to limit estab- son or convicted criminal throughout criminal - lishment, expansion of: for-profit prison work justice process,and from alleged youth offender NO RESULT OF "NO" VOTE: "No" O programs producing goods,services offered for or youth offender throughout juvenile delin- vote retains legislature's power sale in private sector to avoid displacing or sig- quency process.Prosecuting attorney is the per- to adopt laws setting aside or - nificantly reducing preexisting private enterprise; son authorized to assert rights of victims and modifying terms of imprison- prison work programs to avoid displacing or sig- public.Pretrial release in criminal cases must be ment announced in court and to nificantly reducing government or nonprofit pro- based on reasonable protection of victims and limit consecutive sentencing grams employing persons with developmental public as well as likelihood accused person will authority. disabilities. Allows use of inmate work to sup- appear for trial. Makes violent felonies not bail- SUMMARY:Amends Constitution.Measure re- able when court finds probable cause to believe quires terms of imprisonment imposed by judge - port community charitable organizations.Other q p changes. accused person committed crime, and danger in open court to be fully served.Effect is to elimi- ESTIMATE OF FINANCIAL IMPACT:No financial exists of physical injury or sexual victimization nate reductions for good conduct or other rea- ESTI ATE OF or local government IMPAnt ex a finances to victims or public if accused person released sons unless authorized by sentencing court and - 9 P before trial. permitted by law. Provides exceptions for: re- or revenues. ESTIMATE OF FINANCIAL IMPACT:No financial prieves,commutations or pardons by Governor; - 69 AMENDS CONSTITUTION:GRANTS effect on state or local government expenditures relief from appellate or post-conviction court. VICTIMS CONSTITUTIONAL RIGHTS IN or revenues. Measure would bar statutory change reducing imprisonment already imposed. Measure also CRIMINAL PROSECUTIONS,JUVENILE AMENDS CONSTITUTION:ALLOWS bars laws limiting consecutive sentences for - COURT DELINQUENCY PROCEEDINGS. 72 MURDER CONVICTION BY 11 TO 1 crimes against certain victims.Defines"victim" JURY VERDICT. to include people of Oregon, represented by RESULT OF"YES"VOTE:"Yes" prosecuting attorney,when no person has been determined to be victim. Person accused of - 520 vote grants victims specified RESULT OF"YES"VOTE:"Yes" crime cannot be considered victim.Applies to constitutional rights in criminal vote allows person to be con- offenses committed on or after measure's ef- - prosecutions,juvenile court de- O YES victed by nonunanimous (11 to fective date. O YES linquency proceedings. 1)jury verdict. ESTIMATE OF FINANCIAL IMPACT:No financial - RESULT OF "NO" VOTE: "No" RESULT OF "NO" VOTE: "No" effect on state or local government expenditures O NO vote leaves victims without spe- O NO vote retains current requirement or revenues. cific constitutional rights in of unanimous(12 to 0)jury ver- criminal prosecutions,juvenile _ _--fttforr mrw-d�etren — - - --- - court delinquency proceedings. SUMMARY: Amends Constitution. Currently, SUMMARY:.Amends Constitution.Oregon Con - Constitution does not grant specific rights to vic- stitution curently permits conviction for murder tims in criminal prosecutions or juvenile court only on unanimous verdict of 12-person jury. delinquency proceedings, although there are Measure would permit conviction for murder if - statutory rights.Measure places specific victims' 11 members of 12-person jury vote to convict. STATE MEASURES CONTINUED rights in Constitution,including the right to:be Measure retains Oregon constitutional provision OT OF BALLOT present at,and on request to advance notice of, allowing acquittal on 10 to 2 vote. Unanimous - open court proceedings when defendant will be verdict would still be required to convict a per present;be heard at pretrial release hearing,sen- son of aggravated murder,when the death sea - tence is possible.Applies to proceedings pend- r, tencing and juvenile court delinquency disposi- ing or commenced on or after measure's effec tion; obtain information on request about con tive date,except when jury previously has been - viction,sentence,imprisonment,criminal history impaneled and sworn. ' ` and release of defendant or youth offender; - prompt restitution from convicted criminal; ESTIMATE OF FINANCIAL IMPACT:No financial refuse certain discovery requests;be consulted effect on state or local government expenditures WARNING about certain plea negotiations; receive certain or revenues. Any person who, by use of force or - transcripts. other means, unduly influences an ESTIMATE OF FINANCIAL IMPACT:No financial elector to vote in any particular man- effect on state or local government expenditures ner or to refrain from voting, is sub- - or revenues. ject,upon conviction,to imprisonment or to a fine, or both. - L B C 002JJ 9-101 B VOTE BOTH SIDES OF BALLOT R 007 - 0602 OFFICIAL BALLOT•SPECIAL ELECTION • DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 r D E F STATE MEASURES CONTINUED CENTRAL OREGON PARK &RECREATION DISTRICT 75 AMENDS CONSTITUTION:PERSONS 9-75 ADVISORY VOTE FOR CONVICTED OF CERTAIN CRIMES PROPOSED EXPENDITURE CANNOT SERVE ON GRAND JURIES, CRIMINAL TRIAL JURIES. OF PROPERTY TAX REVENUES QUESTION:Shall the District expend current and SAMPLE' RESULT OF"YES"VOTE:"Yes" future property tax collections for the purpose of su ortin p g YES vote creates constitutional ban on pP g district wide ro rams? persons convicted of certain SUMMARY: This advisory vote is to determine crimes serving on grand juries, whether Central Oregon Park and Recreation O NO criminal trial juries. District should use its existing permanent prop RESULT OF "NO" VOTE: "No,, erty tax rate revenue,after first funding the op- vote leaves Constitution without eration of the Cascade Swim Center, for other ban on persons convicted of Park and recreation programs. No new taxes crimes serving on grand juries, are being proposed. criminal trial juries. In 1982 voters approved a tax base to fund the SUMMARY: Amends Constitution. Measure Cascade Swim Center. Ballot measure 50,ap- would ban service on grand juries,criminal trial Proved by the voters in 1997,established a per- ---'----- .fate for.the d4,;trirt RP/Pru1es gen- _VVHU served felony sentence within 15 yeas immedi- erated by the permanent tax rate are proposed -- ately preceding the date the persons are required to be used to fund the swim center and other to report for jury duty. Measure would also ban park and recreation programs. 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 imme- YES diately preceding the date the persons are re- quired to report for jury duty.Currently,a statu- tory ban on trial jury service by a felon exists.No 0 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,nul- lifying verdict or indictment, terminating crimi- nal prosecution after jury impaneled and sworn. Does not apply to criminal proceedings when jury impaneled prior to measure's effective date. VOTE ESTIMATE OF FINANCIAL IMPACT:No financial effect on state or local government expenditures BOTH or revenues. 76 AMENDS CONSTITUTION:REQUIRES SIDES LIGHT, HEAVY MOTOR VEHICLE CLASSES PROPORTIONATELY SHARE OF BALLOT HIGHWAY COSTS RESULT OF"YES"VOTE:"Yes" YES vote requires light, heavy ve- hicles proportionately share highway costs through vehicle O NO fees,fuel tax. RESULT OF "NO" VOTE: "No" vote rejects requiring light,heavy vehicles proportionately share highway costs through fees,fuel tax. SUMMARY: Amends constitution. Constitution now does not specify that motor vehicle fuel tax and vehicle fees for ownership, operation, use, be proportionate to costs of constructing,main- taining system of public highways, roads, rest areas,that are incurred because of different ve- hicle classes.Measure requires that share of rev- enues paid for use of light vehicles (cars) and heavy vehicles(trucks)be proportionate to costs incurred for highway system because of each ve- hicle class. Requires biennial legislative review, adjustment of revenue sources as necessary to ensure fairness,proportionality. ESTIMATE OF FINANCIAL IMPACT:No financial effect on state or local government expenditures or revenues. 1 ff� �yL r e1 IWWID E F � 9-104 J OFFICIAL BALLOT• SPECIAL ELECTION 007 "" 0603 DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 A B C INSTRUCTIONS TO VOTER STATE MEASURES CONTINUED STATE MEASURES CONTINUED USE A PENCIL ONLY - 11 AMENDS CONSTITUTION:LIMITS TO VOTE, BLACKEN THE OVAL (�) AMENDS CONSTITUTION:GIVES 73 7� IMMUNITY FROM CRIMINAL - COMPLETELY TO THE LEFT OF THE PUBLIC,THROUGH PROSECUTOR, RESPONSE OF YOUR CHOICE. RIGHT TO DEMAND JURY TRIAL IN PROSECUTION OF PERSON ORDERED CRIMINAL CASES. TO TESTIFY ABOUT HIS OR HER - CONDUCT. RESULT OF"YES"VOTE:"Yes" - vote gives public,through pros- RESULT OF"YES"VOTE:"Yes" YES ecutor,right to demand jury trial vote limits immunity from crimi- in criminal cases. nal prosecution of person or- - RESULT OF "NO" VOTE: "No" cored to testify about his or her NO YES conduct. vote retains current right of ac- cused person to waive jury with RESULT OF "NO" VOTE: "No" approval of judge and leaves pub- NO vote retains immunity from lic without right to demand jury criminal prosecution of person - 21 AN trial in criminal cases. ordered to testify about his or - I _ SUMMARY:Amends Constitution. Oregon Con- stitution currently grants only accused person SUMMARY:Amends Constitution. Currently,a right to demand jury trial in criminal prosecu- person may be ordered to give testimony about - tion. Measure grants public, through prosecu- a crime the person is suspected of committing tor,an independent constitutional right to demand only if given complete immunity from prosecu- - jury trial in criminal cases. Currently accused tion for that crime. Measure would eliminate person can waive jury trial with consent of trial complete immunity and allow person to be or- court judge and have case tried to court alone.If dered to testify about crime the person is sus- - STATE MEASURES measure is approved,prosecutor could demand petted of committing,provided that in any crimi- jury trial if accused person requests trial without nal trial against the person that testimony,and REFERRED TO THE PEOPLE BY jury; prosecutor's demand would prevail. Does information derived from that testimony,would - not require jury in juvenile court. be excluded from evidence and could not be THE LEGISLATIVE ASSEMBLY ESTIMATE OF FINANCIAL IMPACT:No financial used against the person. A person who dis- effect on state or local government expenditures obeyed an order to testify could be prosecuted - 68 AMENDS CONSTITUTION:ALLOWS or revenues. for contempt.Measure applies to criminal pros- PROTECTING BUSINESS,CERTAIN ecutions and juvenile court delinquency pro- GOVERNMENT PROGRAMS FROM AMENDS CONSTITUTION:LIMITS ceedings. - PRISON WORK PROGRAMS 71 PRETRIAL RELEASE OF ACCUSED ESTIMATE OF FINANCIAL IMPACT:No financial PERSON TO PROTECT VICTIMS, effect on state or local government expenditures or revenues. RESULT OF"YES"VOTE:"Yes" PUBLIC. - vote allows protecting private enterprise, certain government, RESULT OF"YES"VOTE:"Yes" _ nonprofit programs from prison 74 AMENDS CONSTITUTION:REQUIRES YES work program competition. YES vote limits pretrial release of per- TERMS OF IMPRISONMENT - 4o RESULT OF "NO" VOTE: "No" sons accused of violent felonies ANNOUNCED IN COURT BE FULLY to protect victims,public. SERVED,WITH EXCEPTIONS. vote retains prison work pro- " "No" - 410 0 RESULT OF "NO VOTE:NO grams'unrestricted competition NO vote leaves current Oregon statu- merit and nonprofit programs. Y p with private enterprise,govern for retrial release and consti- RESULT OF"YES"VOTE:"Yes" - az - tutional bail provisions un- vote requires terms of impris- SUMMARY: Amends constitution. Constitution changed. onment announced in court be now mandates prison work programs,which may fully served, with exceptions; victims t G Grants vc compete with public, private sector enterprises SUMMARY:Amends Constitution. YES guarantees consecutive son- - 130 without restriction bV state local law. Measure right to reasonable protection from accused per- � _— wou d allow corrections director in 11mit estab- -son or o i Grimm r crime - lishment, expansion of: for-profit prison work justice process,and from alleged youth offender NO RE programs producing goods,services offered for SULT OF "NO" VOTE: "No" p p or Y g youth offender throughout juvenile delin- vote retains legislature's power sale in private sector to avoid displacing or sig- quency process.Prosecuting attorney is the per- to adopt laws setting aside or - nificantly reducing preexisting private enterprise; son authorized to assert rights of victims and modifying terms of imprison- prison work programs to avoid displacing or sig- public.Pretrial release in criminal cases must be ment announced in court and to nificantly reducing government or nonprofit pro- based on reasonable protection of victims and limit consecutive sentencing - grams employing persons with developmental public as well as likelihood accused person will authority. disabilities. Allows use of inmate work to sup- appear for trial. Makes violent felonies not bail- SUMMARY:Amends Constitution.Measure re- able when court finds probable cause to believe part community charitable organizations.Other quires terms of imprisonment imposed by judge - changes. accused person committed crime, and danger in open court to be fully served.Effect is to elimi- ESTIMATE OF FINANCIAL IMPACT:No financial exists of physical injury or sexual victimization nate reductions for good conduct or other rea- ESTI ATE OF or local government IMPACT: ex a finances to victims or public if accused person released sons unless authorized by sentencing court and - 9 P before trial. permitted by law. Provides exceptions for: re- or revenues. ESTIMATE OF FINANCIAL IMPACT:No financial prieves,commutations or pardons by Governor; - 69 AMENDS CONSTITUTION:GRANTS effect on state or local government expenditures relief from appellate or post-conviction court. VICTIMS CONSTITUTIONAL RIGHTS IN or revenues. Measure would bar statutory change reducing imprisonment already imposed. Measure also CRIMINAL PROSECUTIONS,JUVENILE AMENDS CONSTITUTION:ALLOWS bars laws limiting consecutive sentences for - COURT DELINQUENCY PROCEEDINGS. 72 MURDER CONVICTION BY 11 TO 1 crimes against certain victims.Defines"victim" JURY VERDICT. to include people of Oregon, represented by RESULT OF"YES"VOTE:"Yes" prosecuting attorney,when no person has been - determined to be victim. Person accused of vote grants victims specified constitutional rights in criminal RESULT OF"YES"VOTE:"Yes" crime cannot be considered victim. Applies to prosecutions,juvenile court de- vote allows person to be con- offenses committed on or after measure's ef- - s3 - pros 0 YES pros e uti proceedings. YES victed by nonunanimous (11 to fective date. 1)jury verdict. ESTIMATE OF FINANCIAL IMPACT:No financial RESULT OF "NO" VOTE: "No" RESULT OF "NO" VOTE: "No,, effect on state or local government expenditures - NO vote leaves victims without spe- NO vote retains current requirement or revenues. cific constitutional rights in of unanimous(12 to 0)jury ver- criminal prosecutions, juvenile _ _ 1n�mur�Pr nn is i0_ - — SUMMARY: Amends Constitution. Currently, SUMMARY:Amends Constitution. Oregon Con- Constitution does not grant specific rights to vic- stitution currently permits conviction for murder - only on unanimous verdict of 12-person jury. tims in criminal prosecutions or juvenile court delinquency proceedings, although there are Measure would permit conviction for murder if statutory rights.Measure places specific victims' 11 members of 12-person jury vote to convict. STATE MEASURES CONTINUED - rights in Constitution,including the right to:be Measure retains Oregon constitutional provision ON OT R SIDE OF BALLOT present at,and on request to advance notice of, allowing acquittal on 10 to 2 vote. Unanimous H ...r..� open court proceedings when defendant will be verdict would still be required to convict a per- - present;be heard at pretrial release hearing,sen- son of aggravated murder,when the death son- tence is possible.Applies to proceedings pond- ^� �' r tenting and juvenile court delinquency disposi- x tion; obtain information on request about con ing or commenced on or after measure's effec - tive date,except when jury previously has been viction,sentence,imprisonment,criminal history and release of defendant or youth offender; impaneled and sworn. Y' - prompt restitution from convicted criminal; ESTIMATE OF FINANCIAL IMPACT:No financial refuse certain discovery requests;be consulted effect on state or local government expenditures WARNING about certain plea negotiations; receive certain or revenues. Any person who, by use of force or - transcripts. other means, unduly influences an ESTIMATE OF FINANCIAL IMPACT:No financial on state or local government expenditures elector to vote in any particular man- effect or revenues. ner or to refrain from voting, is sub- ject,upon conviction,to imprisonment or to a fine, or both. - B C 003 J 9-101 C VOTE BOTH SIDES OF BALLOT R 007 - 0604 OFFICIAL BALLOT• SPECIAL ELECTION • DESCHUTES COUNTY, OREGON • NOVEMBER 2, 1999 JW��— D E F STATE MEASURES CONTINUED CITY OF SISTERS 75 AMENDS CONSTITUTION:PERSONS 9-74 A MEASURE AUTHORIZING CONVICTED OF CERTAIN CRIMES ANNEXATION OF TAX LOT CANNOT SERVE ON GRAND JURIES, BA 15-10-04-103 CRIMINAL TRIAL JURIES. ( RCLAY MEADOWS) QUESTION: Shall 35 acres located north of the RESULT OF"YES"VOTE:"Yes" existing City limits and identified as tax lot 15- vote creates constitutional ban on 10-04-103 be annexed to Sisters? 0 YES persons convicted of certain SUMMARY: Approval of this measure would •. �' �T crimes serving on grand juries, provide electorate authorization to annex ap- 4MI NO criminal trial juries. proximately 35 acres to Sisters. Voter approval would authorize City o initiate proceedings to RESULT OF "NO" VOTE: "out y p g y add the land to the Sisters Urban Growth Bound- vote leaves Constitution without Bound- ary and then to annex it,all according to appy ban on persons convicted of •,� tr •*y �;, crimes serving on grand juries, cable statewide planning goals and the City's criminal trial juries. Comprehensive Plan. If the proposed annex- ation and land use changes are successfully au- SUMMARY: Amends Constitution. Measure thorized and accomplished, zoning would be would ban service on grand juries,criminal trial designated through the process outlined in Sis- - p,Ycnns rmmirtarl of ZoaligOrrlinance and in aCcor- served felony sentence within 15 years immedi- dance with Sisters Comprehensive Plan. Prop- " ately preceding the date the persons are required erty to be annexed is located adjacent to the to report for jury duty. Measure would also ban north of the existing industrial park and lies en- service on grand juries, criminal trial juries by tirely within Deschutes County. Upon inclusion persons convicted of misdemeanors involving in the UGB and annexation,it is anticipated the violence or dishonesty or who served sentences property would be rezoned Light Industrial("IL") for such misdemeanors within five years imme- This property is currently being considered for diately preceding the date the persons are re- inclusion in the Urban Growth Boundary("UGB") quired to report for jury duty.Currently,a statu- as light industrial in the proposed Comprehen- tory ban on trial jury service by a felon exists.No sive Plan update. Benefit to Sisters would in- constitutional ban on jury service by a felon or a clude additional industrial land,which is in short person convicted of a misdemeanor exists.Does supply and an addition to the tax base. not create cause of action for compensation or (Map of proposed annexation will accompany damages.Does not allow disqualifying jury,nul- ballot) lifying verdict or indictment, terminating crimi- nal prosecution after jury impaneled and sworn. 0 YES Does not apply to criminal proceedings when jury impaneled prior to measure's effective date. VOTE ESTIMATE OF FINANCIAL IMPACT:No financial NO effect on state or local government expenditures BOTH or revenues. 76 LIGHT,HEAVY MOTOR VEHICLE IRES CLASSES PROPORTIONATELY SHARE OF BALLOT HIGHWAY COSTS RESULT OF "YES"VOTE:"Yes" YES vote requires light, heavy ve- hicles proportionately share highway costs through vehicle 0 NO fees,fuel tax. RESULT OF "NO" VOTE: "No" vote rejects requiring light,heavy vehicles proportionately share highway costs through fees,fuel tax. , '? SUMMARY. Amends constitution. Constitution ,_ 4 now does not specify that motor vehicle fuel tax and vehicle fees for ownership, operation, use, *±; be proportionate to costs of constructing,main- taining system of public highways, roads, rest areas,that are incurred because of different ve- hicle classes.Measure requires that share of rev- enues paid for use of light vehicles (cars) and heavy vehicles(trucks)be proportionate to costs incurred for highway system because of each ve- hicle class. Requires biennial legislative review, adjustment of revenue sources as necessary to ensure fairness,proportionality. ESTIMATE OF FINANCIAL IMPACT:No financial effect on state or local government expenditures or revenues. D E F 9-106