Chapter 404 Oregon Laws 2003

AN ACT

SB 304

Relating to waiver of youths; amending ORS 419C.349.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 419C.349 is amended to read:

419C.349. The juvenile court, after a hearing except as otherwise provided in ORS 419C.364 or 419C.370, may waive a youth to a circuit, justice or municipal court of competent jurisdiction for prosecution as an adult if:

(1) The youth is 15 years of age or older at the time of the commission of the alleged offense;

(2) The youth, except as otherwise provided in ORS 419C.364 and 419C.370, is alleged to have committed a criminal offense constituting:

(a) Murder under ORS 163.115 or any aggravated form thereof;

(b) A Class A or Class B felony;

(c) Any of the following Class C felonies:

(A) Escape in the second degree under ORS 162.155;

(B) Assault in the third degree under ORS 163.165;

(C) Coercion under ORS 163.275 (1)(a);

(D) Arson in the second degree under ORS 164.315; or

(E) Robbery in the third degree under ORS 164.395; [or]

(d) Any Class C felony in which the youth used or threatened to use a firearm; or

(e) Any other felony or any misdemeanor if the youth and the state stipulate to the waiver;

(3) The youth at the time of the alleged offense was of sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved; and

(4) The juvenile court, after considering the following criteria, determines by a preponderance of the evidence that retaining jurisdiction will not serve the best interests of the youth and of society and therefore is not justified:

(a) The amenability of the youth to treatment and rehabilitation given the techniques, facilities and personnel for rehabilitation available to the juvenile court and to the criminal court which would have jurisdiction after transfer;

(b) The protection required by the community, given the seriousness of the offense alleged;

(c) The aggressive, violent, premeditated or willful manner in which the offense was alleged to have been committed;

(d) The previous history of the youth, including:

(A) Prior treatment efforts and out-of-home placements; and

(B) The physical, emotional and mental health of the youth;

(e) The youth’s prior record of acts which would be crimes if committed by an adult;

(f) The gravity of the loss, damage or injury caused or attempted during the offense;

(g) The prosecutive merit of the case against the youth; and

(h) The desirability of disposing of all cases in one trial if there were adult cooffenders.

Approved by the Governor June 17, 2003

Filed in the office of Secretary of State June 18, 2003

Effective date January 1, 2004

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