74th OREGON LEGISLATIVE ASSEMBLY--2007 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 459
 
                         Senate Bill 81
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Oregon Military Department)
 
 
                             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.
 
  Expands information that court must provide to defendant before
defendant enters plea of guilty or no contest.
 
                        A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 135.385.
Be It Enacted by the People of the State of Oregon:
  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 United States
conviction of a crime may result, under the laws of the United
States, in deportation, exclusion from admission to the United
States or denial of naturalization.
  (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. + }
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