74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2379
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to criminal procedure; amending ORS 161.570.
 
Be It Enacted by the People of the State of Oregon:
 
  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.
 
 
Enrolled House Bill 2379 (HB 2379-INTRO)                   Page 1
 
 
 
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Passed by House March 7, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 15, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2379 (HB 2379-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2379 (HB 2379-INTRO)                   Page 3