72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 304
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  District Attorneys Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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:
 
 
Enrolled Senate Bill 304 (SB 304-INTRO)                    Page 1
 
 
 
  (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.
                         ----------
 
 
Passed by Senate April 3, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 30, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 304 (SB 304-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 304 (SB 304-INTRO)                    Page 3