71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 251
House Bill 2346
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows reduction in sentence for certain offenses carrying
mandatory minimum sentences when court states on record person is
eligible for reduction. Allows reduction in term of incarceration
of up to 15 percent for certain offenses carrying mandatory
minimum sentences if person demonstrates appropriate
institutional behavior or participates in functional literacy
program.
Applies only to offenses committed on or after effective date
of Act.
A BILL FOR AN ACT
Relating to criminal sentences; creating new provisions; amending
ORS 137.700, 137.707 and 421.121; and providing for criminal
sentence reduction that requires approval by a two-thirds
majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + A person is eligible for a reduction in, or
based on, a minimum sentence imposed under ORS 137.700 or 137.707
if the court makes a statement on the record in open court that
the person may be considered for a reduction in sentence as
provided in ORS 137.750, and the sentence is imposed upon
conviction of:
(1) Assault in the second degree;
(2) Kidnapping in the second degree; or
(3) Robbery in the second degree. + }
SECTION 2. ORS 137.700 is amended to read:
137.700. (1) When a person is convicted of one of the offenses
listed in subsection (2)(a) of this section and the offense was
committed on or after April 1, 1995, or of one of the offenses
listed in subsection (2)(b) of this section and the offense was
committed on or after October 4, 1997, the court shall impose
{ - , and the person shall serve, - } at least the entire term
of imprisonment listed in subsection (2) of this section. The
person is not, during the service of the term of imprisonment,
eligible for release on post-prison supervision or any form of
temporary leave from custody. { + Except as provided in section
1 of this 2001 Act, + } the person is not eligible for any
reduction in, or based on, the minimum sentence for any reason
whatsoever under ORS 421.121 or any other statute. The court may
impose a greater sentence if otherwise permitted by law, but may
not impose a lower sentence than the sentence specified in
subsection (2) of this section.
(2) The offenses to which subsection (1) of this section
applies and the applicable mandatory minimum sentences are:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(A)Murder, as defined in
ORS 163.115..300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.09120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS
163.115.......90 months
(D) Manslaughter in the
first degree, as defined
in ORS 163.11120 months
(E) Manslaughter in the second
degree, as defined in
ORS 163.125...75 months
(F) Assault in the first
degree, as defined in
ORS 163.185...90 months
(G) Assault in the second
degree, as defined in
ORS 163.175...70 months
(H) Kidnapping in the first
degree, as defined
in ORS 163.23590 months
(I) Kidnapping in the second
degree, as defined in
ORS 163.225...70 months
(J) Rape in the first degree,
as defined in
ORS 163.375..100 months
(K) Rape in the second degree,
as defined in
ORS 163.365...75 months
(L) Sodomy in the first degree,
as defined in
ORS 163.405..100 months
(M) Sodomy in the second degree,
as defined in
ORS 163.395...75 months
(N) Unlawful sexual penetration in
the first degree, as defined
in ORS 163.41100 months
(O) Unlawful sexual penetration in
the second degree, as defined
in ORS 163.40875 months
(P) Sexual abuse in the first
degree, as defined in
ORS 163.427...75 months
(Q) Robbery in the first degree,
as defined in ORS
164.415.......90 months
(R) Robbery in the second degree,
as defined in
ORS 164.405...70 months
(b)(A)Arson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical injur90 months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670...70 months
(C) Compelling prostitution,
as defined in
ORS 167.017...70 months
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 3. ORS 137.707 is amended to read:
137.707. (1)(a) Notwithstanding any other provision of law,
when a person charged with aggravated murder, as defined in ORS
163.095, or an offense listed in subsection (4)(a) of this
section is 15, 16 or 17 years of age at the time the offense is
committed, and the offense is committed on or after April 1,
1995, or when a person charged with an offense listed in
subsection (4)(b) of this section is 15, 16 or 17 years of age at
the time the offense is committed, and the offense is committed
on or after October 4, 1997, the person shall be prosecuted as an
adult in criminal court.
(b) A district attorney, the Attorney General or a juvenile
department counselor may not file in juvenile court a petition
alleging that a person has committed an act that, if committed by
an adult, would constitute aggravated murder or an offense listed
in subsection (4) of this section if the person was 15, 16 or 17
years of age at the time the act was committed.
(2) When a person charged under this section is convicted of an
offense listed in subsection (4) of this section, the court shall
impose at least the presumptive term of imprisonment provided for
the offense in subsection (4) of this section. The court may
impose a greater presumptive term if otherwise permitted by law,
but may not impose a lesser term. The person is not, during the
service of the term of imprisonment, eligible for release on
post-prison supervision or any form of temporary leave from
custody. { + Except as provided in section 1 of this 2001
Act, + } the person is not eligible for any reduction in, or
based on, the minimum sentence for any reason under ORS 421.121
or any other provision of law. ORS 138.012, 163.105 and 163.150
apply to sentencing a person prosecuted under this section and
convicted of aggravated murder under ORS 163.095 except that a
person who was under 18 years of age at the time the offense was
committed is not subject to a sentence of death.
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(AMurder, as defined in
ORS 163.115.300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.0120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS
163.115......90 months
(D) Manslaughter in the
first degree, as defined
in ORS 163.1120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.1275 months
(F) Assault in the
first degree, as defined
in ORS 163.1890 months
(G) Assault in the
second degree, as
defined in
ORS 163.175..70 months
(H) Kidnapping in the first
degree, as defined in
ORS 163.235..90 months
(I) Kidnapping in the second
degree, as defined in
ORS 163.225..70 months
(J) Rape in the first degree,
as defined in ORS
163.375.....100 months
(K) Rape in the second
degree, as defined in
ORS 163.365..75 months
(L) Sodomy in the first
degree, as defined in
ORS 163.405.100 months
(M) Sodomy in the second
degree, as defined in
ORS 163.395..75 months
(N) Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.4100 months
(O) Unlawful sexual
penetration in the
second degree, as
defined in OR751months
(P) Sexual abuse in the
first degree, as
defined in
ORS 163.427..75 months
(Q) Robbery in the first
degree, as defined in
ORS 164.415..90 months
(R) Robbery in the second
degree, as defined in
ORS 164.405..70 months
(b)(AArson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical inju90.months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670..70 months
(C) Compelling prostitution,
as defined in
ORS 167.017..70 months
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) If a person charged with an offense under this section is
found guilty of a lesser included offense and the lesser included
offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(B) And is not an offense for which waiver is authorized under
ORS 419C.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or
offenses listed in subsection (4) of this section. If it appears,
upon motion, that the state or the person charged is prejudiced
by the joinder and consolidation of offenses, the court may order
an election or separate trials of counts or provide whatever
other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) of this
section as provided in subsection (2) of this section and shall
impose sentences for the other offenses as otherwise provided by
law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.067 and 419C.411.
SECTION 4. ORS 421.121 is amended to read:
421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, shall be
eligible for a reduction in the term of incarceration for
appropriate institutional behavior, as defined by rule of the
Department of Corrections, and for participation in the
functional literacy program described in ORS 421.084.
(2) { + (a) + } The maximum amount of time credits earned for
appropriate institutional behavior or for participation in the
functional literacy program described in ORS 421.084 shall not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution.
{ + (b) Notwithstanding paragraph (a) of this subsection, the
maximum amount of time credits earned for appropriate
institutional behavior or for participation in the functional
literacy program described in ORS 421.084 may not exceed 15
percent of the total term of incarceration if the inmate is
serving a sentence imposed upon conviction of a crime listed in
section 1 of this 2001 Act. + }
(3) The time credits shall not be used to shorten the term of
actual prison confinement to less than six months.
(4) The department shall adopt rules pursuant to the rulemaking
provisions of ORS 183.310 to 183.550 to establish a process for
granting, retracting and restoring the time credits earned by the
offender as allowed in subsections (1) to (3) of this section.
SECTION 5. { + Section 1 of this 2001 Act and the amendments
to ORS 137.700, 137.707 and 421.121 by sections 2 to 4 of this
2001 Act apply only to offenses committed on or after the
effective date of this 2001 Act. + }
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