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 3756
 
                         Senate Bill 924
 
Sponsored by Senator MINNIS; Senators CORCORAN, COURTNEY,
  DECKERT, GORDLY, METSGER, STARR, Representative MINNIS
 
 
                             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.
 
  Establishes presumptive sentence of life imprisonment without
possibility of release or parole for person's third conviction
for felony sex crime.
 
                        A BILL FOR AN ACT
Relating to crime.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The presumptive sentence for a sex crime
that is a felony is life imprisonment without the possibility of
release or parole if the defendant has two or more previous
convictions for sex crimes that are felonies.
  (2) The court may impose a sentence other than the presumptive
sentence provided by subsection (1) of this section if the court
imposes a departure sentence authorized by the rules of the
Oregon Criminal Justice Commission based upon findings of
substantial and compelling reasons.
  (3) As used in this section:
  (a) 'Previous conviction' includes:
  (A) Convictions occurring before, on or after the effective
date of this 2001 Act; and
  (B) Convictions entered in any other state or federal court for
comparable offenses.
  (b) 'Sex crime' has the meaning given that term in ORS 181.594.
  (4)(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.
  (5) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079. + }
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