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 1434
 
                         House Bill 2390
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Oregon Criminal Defense Lawyers Association)
 
 
                             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.
 
  Limits situations under which consent of district attorney is
needed before court can impose conditional discharge for
possession of controlled substances.
 
                        A BILL FOR AN ACT
Relating to conditional discharge for possession of controlled
  substances; amending ORS 475.245.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.245 is amended to read:
  475.245.  { + (1) + } Whenever any person pleads guilty to or
is found guilty of possession of a controlled substance under ORS
475.992 (4), the court, without entering a judgment of guilt and
with the consent of the   { - district attorney and the - }
accused { +  and, if the accused has a previous conviction for an
offense listed in subsection (2) of this section, the district
attorney + }, may defer further proceedings and place the person
on probation. Upon violation of a term or condition of probation,
the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and conditions,
the court shall discharge the person and dismiss the proceedings
against the person.  Discharge and dismissal under this section
shall be without adjudication of guilt and is not a conviction
for purposes of this section or for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime. There
may be only one discharge and dismissal under this section with
respect to any person.
   { +  (2) Offenses for which district attorney consent is
required under subsection (1) of this section are any offense
under:
  (a) ORS 475.005 to 475.285 or 475.940 to 475.995; and
  (b) Any statute of the United States or of any state relating
to marijuana or narcotic, stimulant, depressant or hallucinogenic
drugs. + }
                         ----------