71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 133
LC 1370/SB 133-A15
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 133
By COMMITTEE ON JUDICIARY
June 5
On page 1 of the printed A-engrossed bill, line 2, after '
crime' insert '; creating new provisions; amending ORS 135.380,
135.385, 135.390 and 135.405; and declaring an emergency'.
In line 19, after 'to' insert a colon and begin a new paragraph
and insert '(a)'.
In line 21, after 'officer' insert '; or
' (b) A person who has been convicted of only one felony under
the law of this state or any other state, or who has been
convicted of only one felony under the law of the United States,
which felony did not involve criminal homicide, as defined in ORS
163.005, and who has been discharged from imprisonment, parole or
probation for the offense for a period of 15 years prior to the
date of the alleged violation of subsection (1) of this section'.
On page 2, after line 5, insert:
' { + SECTION 4. + } { + Section 5 of this 2001 Act is added
to and made a part of ORS chapter 811. + }
' { + SECTION 5. + } { + (1) For the purposes of this
section, ' recklessly' has the meaning given that term in ORS
161.085.
' (2) A person commits the offense of vehicular assault of a
bicyclist or pedestrian if:
' (a) The person recklessly operates a vehicle upon a highway
in a manner that results in contact between the person's vehicle
and a bicycle operated by a person, a person operating a bicycle
or a pedestrian; and
' (b) The contact causes physical injury to the person
operating a bicycle or the pedestrian.
' (3) The offense described in this section, vehicular assault
of a bicyclist or pedestrian, is a Class A misdemeanor. + }
' { + SECTION 6. + } { + To effectuate the purposes set out
in section 7 of this 2001 Act, each local public safety
coordinating council established under ORS 423.560:
' (1) Shall establish early disposition programs for first-time
offenders who have committed a nonperson offense and for persons
charged with probation violations. As used in this subsection,
'nonperson offense' means an offense other than:
' (a) A Class A or B felony; and
' (b) A person felony or person Class A misdemeanor, as those
terms are defined in the rules of the Oregon Criminal Justice
Commission.
' (2) May establish early disposition programs for other
offenders. + }
' { + SECTION 7. + } { + The purposes of an early
disposition program are to:
' (1) Hold offenders accountable for their actions;
' (2) Ensure a prompt resolution of criminal matters;
' (3) Protect the rights of the public and the offender;
' (4) Maximize use of community resources to provide
alternative sanctions for criminal behavior; and
' (5) Reduce the costs to the criminal justice system that are
incurred when traditional sanctions are the only option available
to district attorneys and courts. + }
' { + SECTION 8. + } { + An early disposition program
established under section 6 of this 2001 Act must provide, but
need not be limited to, the following:
' (1) Written criteria for eligibility to participate in the
program.
' (2) Victim notification and appearance.
' (3) A process to ensure legal representation and provision of
discovery for offenders who are eligible for the early
disposition program.
' (4) Specific evaluation criteria and an evaluation schedule.
The evaluation criteria must address, but need not be limited to,
the following:
' (a) Cost avoidance;
' (b) Cost savings; and
' (c) Outcomes. + }
' { + SECTION 9. + } { + (1) Once each biennium, a local
public safety coordinating council or its designee shall submit a
report about early disposition programs in the jurisdiction to
the Oregon Criminal Justice Commission. The council or designee
shall include in the report:
' (a) Descriptions of the programs offered;
' (b) The number of offenders who were offered participation in
the programs;
' (c) The number of offenders who entered into the programs;
' (d) The number of offenders who successfully completed the
programs; and
' (e) The amount of costs avoided and saved through use of the
programs.
' (2) The commission shall compile the reports received under
subsection (1) of this section and submit the compilation to the
Legislative Assembly. + }
' { + SECTION 10. + } ORS 135.405 is amended to read:
' 135.405. (1) In cases in which it appears that the interest
of the public in the effective administration of criminal justice
would thereby be served, and in accordance with the criteria set
forth in ORS 135.415, the district attorney may engage in plea
discussions for the purpose of reaching a plea agreement.
' (2) The district attorney shall engage in plea discussions or
reach a plea agreement with the defendant only through defense
counsel, except when, as a matter of record, the defendant has
effectively waived the right of the defendant to counsel or, if
the defendant is not eligible for court-appointed counsel, has
not retained counsel.
' (3) The district attorney in reaching a plea agreement may
agree to, but is not limited to, one or more of the following, as
required by the circumstances of the individual case:
' (a) To make or not to oppose favorable recommendations as to
the sentence which should be imposed if the defendant enters a
plea of guilty or no contest to the offense charged;
' (b) To seek or not to oppose dismissal of the offense charged
if the defendant enters a plea of guilty or no contest to another
offense reasonably related to the defendant's conduct; or
' (c) To seek or not to oppose dismissal of other charges or to
refrain from bringing potential charges if the defendant enters a
plea of guilty or no contest to the offense charged.
' (4) Similarly situated defendants should be afforded equal
plea agreement opportunities.
' { + (5)(a) A district attorney may provide a plea offer and
agreed disposition recommendation to the defendant at the time of
arraignment or first appearance of the defendant for a crime in
open court under an early disposition program established under
section 6 of this 2001 Act.
' (b) Unless extended by the court, a plea offer and agreed
disposition recommendation made under paragraph (a) of this
subsection expire upon completion of the arraignment. Except for
good cause, a court may not extend a plea offer and agreed
disposition recommendation under this paragraph for more than
seven days for a misdemeanor or 21 days for a felony. + }
' { + SECTION 11. + } ORS 135.390 is amended to read:
' 135.390. (1) The court shall not accept a plea of guilty or
no contest without first determining that the plea is voluntary
and intelligently made.
' (2) The court shall determine whether the plea is the result
of prior plea discussions and a plea agreement. If the plea is
the result of a plea agreement, the court shall determine the
nature of the agreement.
' (3) If the district attorney has agreed to seek charge or
sentence concessions which must be approved by the court, the
court shall advise the defendant personally that the
recommendations of the district attorney are not binding on the
court.
' { + (4)(a) If the district attorney has provided a plea
offer and agreed disposition recommendation to the defendant as
provided in ORS 135.405 and the defendant is entering a guilty
plea based on the plea offer and agreed disposition
recommendation, the court shall determine whether the plea is
voluntarily made. Except as otherwise provided in paragraph (b)
of this subsection, if the court finds that the plea is
voluntarily made, the court shall impose sentence as provided in
the agreed disposition recommendation.
' (b) If the court determines that the agreed disposition
recommendation is inappropriate in a particular case, the court
shall so advise the parties and allow the defendant an
opportunity to withdraw the plea. + }
' { + SECTION 12. + } ORS 135.385 is amended to read:
' 135.385. (1) The court shall not accept a plea of guilty or
no contest to a felony or other charge on which the defendant
appears in person without first addressing the defendant
personally and determining that the defendant understands the
nature of the charge.
' (2) The court shall inform the defendant:
' (a) That by a plea of guilty or no contest the defendant
waives the right:
' (A) To trial by jury;
' (B) Of confrontation; and
' (C) Against self-incrimination.
' (b) Of the maximum possible sentence on the charge, including
the maximum possible sentence from consecutive sentences.
' (c) When the offense charged is one for which a different or
additional penalty is authorized by reason of the fact that the
defendant may be adjudged a dangerous offender, that this fact
may be established after a plea in the present action, thereby
subjecting the defendant to different or additional penalty.
' (d) That if the defendant is not a citizen of the United
States conviction of a crime may result, under the laws of the
United States, in deportation, exclusion from admission to the
United States or denial of naturalization.
' { + (e) That if the defendant is entering a guilty plea
pursuant to a plea offer and agreed disposition recommendation
under ORS 135.405, the court will agree to impose sentence as
provided in the agreed disposition recommendation. + }
' { + SECTION 13. + } ORS 135.380 is amended to read:
' 135.380. (1) A defendant shall not be required to plead to an
offense punishable by imprisonment until the defendant is
represented by counsel, unless the defendant knowingly waives the
right of the defendant to counsel.
' (2) A defendant { - with counsel - } may plead guilty or
no contest on the day of arraignment or any time thereafter
{ - . - } { + except that + } a defendant without counsel
shall not be allowed to plead guilty or no contest to a felony on
the day of arraignment.
' (3) Upon completion of the arraignment, unless the defendant
enters a plea in the manner provided in ORS 135.305 to 135.325,
135.335, 135.355, 135.360 and 135.375, the defendant shall be
considered to have entered a plea of not guilty.
' { + SECTION 14. + } { + (1)(a) A district attorney may
provide an offer and agreed disposition recommendation under an
early disposition program established under section 6 of this
2001 Act to a probationer at the time of the first appearance of
the probationer in court for a probation violation.
' (b) Unless extended by the court, an offer and agreed
disposition recommendation made under paragraph (a) of this
subsection expire upon completion of the appearance. Except for
good cause, a court may not extend an offer and agreed
disposition recommendation under this paragraph for more than
seven days for a misdemeanor or 21 days for a felony.
' (2) If the court determines that the agreed disposition
recommendation is inappropriate in a particular case, the court
shall so advise the parties and allow the probationer an
opportunity to withdraw the admission. + }
' { + SECTION 15. + } { + Nothing in sections 6 to 9 and 14
of this 2001 Act or in the amendments to ORS 135.380, 135.385,
135.390 and 135.405 by sections 10 to 13 of this 2001 Act
prevents the implementation or continuation of an early
disposition program other than one established under section 6 of
this 2001 Act. + }
' { + SECTION 16. + } { + (1) For the 2001-2003 biennium,
there is created a planning and advisory committee to make
recommendations on how to increase family bonding for children
who have incarcerated parents.
' (2) The planning and advisory committee shall have one
representative from each of the following:
' (a) The Department of Corrections, appointed by the Director
of the Department of Corrections;
' (b) The Oregon Youth Authority, appointed by the Director of
the Oregon Youth Authority;
' (c) The State Court Administrator, appointed by the
administrator;
' (d) The State Commission on Children and Families, appointed
by the staff director of the State Commission on Children and
Families;
' (e) The Department of Education, appointed by the
Superintendent of Public Instruction; and
' (f) The Department of Human Services, appointed by the
Director of Human Services.
' (3) In addition to the representatives listed in subsection
(2) of this section, the State Court Administrator and the staff
director of the State Commission on Children and Families shall
appoint to the planning and advisory committee representatives
from:
' (a) Local public safety coordinating councils;
' (b) Local family law advisory committees;
' (c) Local commissions on children and families;
' (d) Local public health agencies; and
' (e) Research and advocacy groups that are deemed appropriate
by the administrator and the staff director.
' (4) In making the appointments under subsection (3) of this
section, the administrator and the staff director shall ensure
that the planning and advisory committee reflects the diversity
of communities throughout the state.
' (5) The planning and advisory committee members shall jointly
designate facilitators for the committee.
' (6)(a) The planning and advisory committee shall develop
recommendations on how to increase family bonding for children
who have parents incarcerated in the state or community
corrections systems for the purposes of reducing antisocial
behavior and attachment disorder and reducing the
intergenerational cycle of criminality.
' (b) No later than October 1, 2002, the planning and advisory
committee shall submit its recommendations to the appropriate
legislative interim committees and to the agencies listed in
subsection (2) of this section.
' (7) The planning and advisory committee may organize county
implementation teams to implement the recommendations of the
planning and advisory committee for family bonding strategies for
children who have parents incarcerated in the state or community
corrections systems. The teams may include representatives from
local public safety coordinating councils, local family law
advisory committees, local commissions on children and families,
local public health agencies, community corrections systems and
the Department of Human Services.
' (8) A member of the planning and advisory committee shall be
entitled to compensation and expenses as provided in ORS 292.495.
Claims for expenses incurred in performing functions of the
planning and advisory committee shall be paid by the agencies
listed in subsection (2) of this section.
' (9) The Department of Corrections shall provide staff support
for the planning and advisory committee. The agencies listed in
subsection (2) of this section shall provide funds to cover other
administrative costs of the planning and advisory committee. + }
' { + SECTION 17. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect on its passage. + } ' .
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