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 1596
 
                         Senate Bill 143
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (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.
 
  Deletes provisions prescribing when conviction is considered to
have occurred for purposes of imposing presumptive sentences.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to presumptive sentences; amending ORS 137.717; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.717, as amended by section 7, chapter 1022,
Oregon Laws 1999, is amended to read:
  137.717. (1) When a court sentences a person convicted of:
  (a) Burglary in the first degree under ORS 164.225, the
presumptive sentence is 19 months of incarceration, unless the
rules of the Oregon Criminal Justice Commission prescribe a
longer presumptive sentence, if the person has:
  (A) A previous conviction for burglary in the first degree
under ORS 164.225, robbery in the second degree under ORS 164.405
or robbery in the first degree under ORS 164.415; or
  (B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
  (b) Unauthorized use of a vehicle under ORS 164.135, possession
of a stolen vehicle under ORS 819.300 or trafficking in stolen
vehicles under ORS 819.310, the presumptive sentence is 13 months
of incarceration, unless the rules of the Oregon Criminal Justice
Commission prescribe a longer presumptive sentence, if the person
has:
  (A) A previous conviction for either unauthorized use of a
vehicle under ORS 164.135, robbery in the second degree under ORS
164.405, robbery in the first degree under ORS 164.415,
possession of a stolen vehicle under ORS 819.300 or trafficking
in stolen vehicles under ORS 819.310; or
  (B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
  (c) Theft in the first degree under ORS 164.055, aggravated
theft in the first degree under ORS 164.057, burglary in the
second degree under ORS 164.215 or criminal mischief in the first
degree under ORS 164.365, the presumptive sentence is 13 months
of incarceration, unless the rules of the Oregon Criminal Justice
Commission prescribe a longer presumptive sentence, if the person
has:
  (A) A previous conviction for unauthorized use of a vehicle
under ORS 164.135, burglary in the first degree under ORS
164.225, robbery in the second degree under ORS 164.405, robbery
in the first degree under ORS 164.415, possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under
ORS 819.310; or
  (B) Four previous convictions for any combination of the crimes
listed in subsection (2) of this section.
  (d) Identity theft under ORS 165.800, the presumptive sentence
is 13 months of incarceration, unless the rules of the Oregon
Criminal Justice Commission prescribe a longer presumptive
sentence, if the person has:
  (A) A previous conviction for identity theft under ORS 165.800,
forgery in the first degree under ORS 165.013, criminal
possession of a forged instrument in the first degree under ORS
165.022, fraudulent use of a credit card under ORS 165.055 (4)(b)
or computer crime under ORS 164.377; or
  (B) Four previous convictions for any combination of forgery in
the second degree under ORS 165.007, criminal possession of a
forged instrument in the second degree under ORS 165.017 or
fraudulent use of a credit card under ORS 165.055 (4)(a).
  (2) The crimes to which subsection (1) of this section applies
are:
  (a) Theft in the second degree under ORS 164.045;
  (b) Theft in the first degree under ORS 164.055;
  (c) Aggravated theft in the first degree under ORS 164.057;
  (d) Unauthorized use of a vehicle under ORS 164.135;
  (e) Burglary in the second degree under ORS 164.215;
  (f) Burglary in the first degree under ORS 164.225;
  (g) Criminal mischief in the first degree under ORS 164.365;
  (h) Possession of a stolen vehicle under ORS 819.300; and
  (i) Trafficking in stolen vehicles under ORS 819.310.
  (3) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
  (a) A longer term of incarceration that is otherwise required
or authorized by law; or
  (b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer
sentence, the maximum departure allowed for a person sentenced
under this subsection is double the presumptive sentence provided
in subsection (1) of this section.
  (4) As used in this section, 'previous conviction ' includes:
  (a) Convictions occurring before, on or after July 1, 1997; and
  (b) Convictions entered in any other state or federal court for
comparable offenses.
    { - (5)(a) For a crime committed on or after November 1,
1989, a conviction is considered to have occurred upon the
pronouncement of sentence in open court. However, when sentences
are imposed for two or more convictions arising out of the same
conduct or criminal episode, none of the convictions is
considered to have occurred prior to any of the other convictions
arising out of the same conduct or criminal episode. - }
    { - (b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence. - }
    { - (6) - }  { +  (5) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
  SECTION 2.  { + 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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