Chapter 220
AN ACT
SB 81
Relating to criminal procedure; amending ORS 135.385.
Be It Enacted by the People of
the State of
SECTION 1. ORS 135.385 is amended to read:
135.385. (1) The court
shall not accept a plea of guilty or no contest to a felony or other charge on
which the defendant appears in person without first addressing the defendant
personally and determining that the defendant understands the nature of the
charge.
(2) The court shall
inform the defendant:
(a) That by a plea of
guilty or no contest the defendant waives the right:
(A) To trial by jury;
(B) Of confrontation;
and
(C) Against
self-incrimination.
(b) Of the maximum
possible sentence on the charge, including the maximum possible sentence from
consecutive sentences.
(c) When the offense
charged is one for which a different or additional penalty is authorized by
reason of the fact that the defendant may be adjudged a dangerous offender,
that this fact may be established after a plea in the present action, thereby
subjecting the defendant to different or additional penalty.
(d) That if the
defendant is not a citizen of the
(e) That if the
defendant is entering a guilty plea pursuant to a plea offer and agreed
disposition recommendation under ORS 135.405, the court will agree to impose
sentence as provided in the agreed disposition recommendation.
(f) That if the
defendant enters a plea of guilty or no contest to an offense involving
domestic violence, as defined in ORS 135.230, and is convicted of the offense,
federal law may prohibit the defendant from possessing, receiving, shipping or
transporting any firearm or firearm ammunition and that the conviction may
negatively affect the defendant’s ability to serve in the Armed Forces of the
United States as defined in ORS 348.282 or to be employed in law enforcement.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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