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 1867
 
                         Senate Bill 327
 
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 Senate Interim Committee on
  Judiciary for Oregon Criminal Defense Lawyers Association)
 
 
                             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.
 
  Allows district attorney to treat unlawful manufacture of
marijuana as Class A misdemeanor if less than certain quantity of
marijuana is involved.
 
                        A BILL FOR AN ACT
Relating to classification of crimes; 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) or 475.864
(2) - }  { +  any of the following offenses + } as a Class A
misdemeanor  { - . - }  { + :
  (a) A Class C nonperson felony.
  (b) A violation of ORS 475.840 (3)(a) or 475.864 (2).
  (c) A violation of ORS 475.856 if the quantity involved is no
more than that described in ORS 475.320 (1)(a) or (4)(a). + }
   { +  (3) + }   { - 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) { + ,
475.856 + } or 475.864 (2) as a Class A misdemeanor under
 { - this - }  subsection  { - , - }   { + (2) of this section,
the district attorney shall make the election orally or in
writing at the time of the first appearance of the defendant. + }
The court shall amend the accusatory instrument to reflect the
charged offense as a Class A misdemeanor.
    { - (3) - }   { + (4) + } 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) { + , 475.856 + } or 475.864
(2), 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) - }   { + (5) + } If a Class C felony or a violation
of ORS 475.840 (3)(a) { + , 475.856 + } or 475.864 (2) 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) - }   { + (6) + } If no election or stipulation is
made under this section, the case proceeds as a felony.
    { - (6) - }   { + (7) + } 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) - }   { + (8) + } 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.
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