Chapter 286
AN ACT
HB 2379
Relating to criminal procedure; amending ORS 161.570.
Be It Enacted by the People of
the State of
SECTION 1. ORS 161.570 is amended to read:
161.570. (1) As used in this section, “nonperson felony” has the meaning
given that term in the rules of the Oregon Criminal Justice Commission.
(2) A district attorney
may elect to treat a Class C nonperson felony or a violation of ORS 475.840
(3)(a), 475.854,[or] 475.864
(2) or 475.874 as a Class A misdemeanor. The election must be made by
the district attorney orally or in writing at the time of the first appearance
of the defendant. If a district attorney elects to treat a Class C felony or a
violation of ORS 475.840 (3)(a), 475.854, [or] 475.864 (2) or 475.874 as a Class A misdemeanor under
this subsection, the court shall amend the accusatory instrument to reflect the
charged offense as a Class A misdemeanor.
(3) If, at some time
after the first appearance of a defendant charged with a Class C nonperson felony
or a violation of ORS 475.840 (3)(a), 475.854, [or] 475.864 (2) or 475.874, the
district attorney and the defendant agree to treat the charged offense as a
Class A misdemeanor, the court may allow the offense to be treated as a Class A
misdemeanor by stipulation of the parties.
(4) If a Class C felony
or a violation of ORS 475.840 (3)(a), 475.854,
[or] 475.864 (2) or 475.874 is
treated as a Class A misdemeanor under this section, the court shall clearly
denominate the offense as a Class A misdemeanor in any judgment entered in the
matter.
(5) If no election or
stipulation is made under this section, the case proceeds as a felony.
(6) Before a district
attorney may make an election under subsection (2) of this section, the
district attorney shall adopt written guidelines for determining when and under
what circumstances the election may be made. The district attorney shall apply
the guidelines uniformly.
(7) Notwithstanding ORS
161.635, the maximum fine that a court may impose upon conviction of a misdemeanor
under this section may not exceed the amount provided in ORS 161.625 for the
class of felony receiving Class A misdemeanor treatment.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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