73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2259
 
                         House Bill 2969
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Modifies provisions relating to mandatory sentencing for crimes
involving use or threatened use of firearm.
 
                        A BILL FOR AN ACT
Relating to enhanced penalties for use of firearm during
  commission of felony; amending ORS 161.610.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.610 is amended to read:
  161.610. (1) As used in this section, 'firearm' means a weapon
which is designed to expel a projectile by the action of black
powder or smokeless powder.
  (2) The use or threatened use of a firearm, whether operable or
inoperable, by a defendant during the commission of a felony may
be pleaded in the accusatory instrument and proved at trial as an
element in aggravation of the crime as provided in this section.
When a crime is so pleaded, the aggravated nature of the crime
may be indicated by adding the words 'with a firearm' to the
title of the offense. The unaggravated crime shall be considered
a lesser included offense.
  (3) Notwithstanding the provisions of ORS 161.605 or 137.010
(3) and except as otherwise provided in subsection (6) of this
section, if a defendant is convicted of a felony having as an
element the defendant's use or threatened use of a firearm during
the commission of the crime, the court shall impose at least the
minimum term of imprisonment as provided in subsection (4) of
this section. Except as provided in ORS 144.122 and 144.126 and
subsection (5) of this section, in no case shall any person
punishable under this section become eligible for work release,
parole, temporary leave or terminal leave until the minimum term
of imprisonment is served, less a period of time equivalent to
any reduction of imprisonment granted for good time served or
time credits earned under ORS 421.121, nor shall the execution of
the sentence imposed upon such person be suspended by the court.
  (4) The minimum terms of imprisonment for felonies having as an
element the defendant's use or threatened use of a firearm in the
commission of the crime shall be as follows:
  (a) Except as provided in subsection (5) of this section, upon
the first conviction for such felony, five years, except that if
the firearm is a machine gun, short-barreled rifle,
short-barreled shotgun or is equipped with a firearms silencer,
the term of imprisonment shall be 10 years.
  (b) Upon conviction for such felony committed after punishment
pursuant to paragraph (a) of this subsection { +  or subsection
(5) of this section + }, 10 years, except that if the firearm is
a machine gun, short-barreled rifle, short-barreled shotgun or is
equipped with a firearms silencer, the term of imprisonment shall
be 20 years.
  (c) Upon conviction for such felony committed after
imprisonment pursuant to paragraph (b) of this subsection, 30
years.
  (5) If it is the first time that the defendant is subject to
punishment under this section, rather than impose the sentence
otherwise required by subsection (4)(a) of this section, the
court may:
  (a) For felonies committed prior to November 1, 1989, suspend
the execution of the sentence or impose a lesser term of
imprisonment, when the court expressly finds mitigating
circumstances justifying such lesser sentence and sets forth
those circumstances in its statement on sentencing; or
  (b) For felonies committed on or after November 1, 1989, impose
a lesser sentence in accordance with the rules of the Oregon
Criminal Justice Commission.
  (6) When a defendant who is convicted of a felony having as an
element the defendant's use or threatened use of a firearm during
the commission of the crime is a person who was waived from
juvenile court under ORS 137.707 (5)(b)(A), 419C.349, 419C.352,
419C.364 or 419C.370, the court is not required to impose a
minimum term of imprisonment under this section.
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