72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 454
 
                         Senate Bill 31
 
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 Committee on
  Judiciary 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 or for certain property
offenses.
 
                        A BILL FOR AN ACT
Relating to conditional discharge; creating new provisions; and
  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) or of a property offense that is motivated by a
dependence on a controlled substance, the court  { - , without
entering a judgment of guilt and with the consent of the district
attorney and the accused, - }  may defer further proceedings and
place the person on probation { +  without entering a judgment of
guilt. The court may place a person on probation under this
section only with the consent of the accused. If the accused has
a previous conviction for an offense listed in subsection (2) of
this section, the court may place the person on probation under
this section only if the district attorney also consents + }.
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.
   { +  (2) Consent of the district attorney is required under
subsection (1) of this section if the accused has a previous
conviction for any offense under:
  (a) ORS 475.005 to 475.285 or 475.940 to 475.995; or
  (b) Any statute of the United States or of any state relating
to marijuana or narcotic, stimulant, depressant or hallucinogenic
drugs. + }
  SECTION 2. ORS 475.245, as amended by section 10, chapter 834,
Oregon Laws 2001, 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, - }  may defer further proceedings and place the person
on probation { +  without entering a judgment of guilt. The court
may place a person on probation under this section only with the
consent of the accused.  If the accused has a previous conviction
for an offense listed in subsection (2) of this section, the
court may place the person on probation under this section only
if the district attorney also consents + }. 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) Consent of the district attorney is required under
subsection (1) of this section if the accused has a previous
conviction for any offense under:
  (a) ORS 475.005 to 475.285 or 475.940 to 475.995; or
  (b) Any statute of the United States or of any state relating
to marijuana or narcotic, stimulant, depressant or hallucinogenic
drugs. + }
  SECTION 3.  { + The amendments to ORS 475.245 by sections 1 and
2 of this 2003 Act apply to offenses committed on or after the
effective date of this 2003 Act. + }
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