74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 464
Sponsored by COMMITTEE ON JUDICIARY (at the request of Regional
Economic Crime Information Center)
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; and amending ORS
131.315 and 137.717.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person commits the crime of aggravated
identity theft if:
(a) The person violates ORS 165.800 in 10 or more separate
incidents within a 180-day period;
(b) The person violates ORS 165.800 and the person has a
previous conviction for aggravated identity theft;
(c) The person violates ORS 165.800 and the losses incurred in
a single or aggregate transaction are $10,000 or more within a
180-day period; or
(d) The person violates ORS 165.800 and has in the person's
custody, possession or control 10 or more pieces of personal
identification from 10 or more different persons.
(2) Aggravated identity theft is a Class B felony.
(3) As used in this section, 'previous conviction ' includes:
(a) Convictions occurring before, on or after the effective
date of this 2007 Act; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
(4) The state shall plead in the accusatory instrument and
prove beyond a reasonable doubt, as an element of the offense,
the previous conviction for aggravated identity theft. + }
SECTION 2. ORS 137.717 is amended to read:
137.717. (1) When a court sentences a person convicted of:
(a) Aggravated theft in the first degree under ORS
164.057 { + , + }
{ - or - } burglary in the first degree under ORS 164.225 { +
or aggravated identity theft under section 1 of this 2007
Act + }, the presumptive sentence is 19 months of incarceration,
unless the rules of the Oregon Criminal Justice Commission
prescribe a longer presumptive sentence, if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, burglary in the first degree under ORS
164.225, robbery in the second degree under ORS 164.405 { + , + }
{ - or - } robbery in the first degree under ORS 164.415 { + or
aggravated identity theft under section 1 of this 2007 Act + };
or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
Enrolled Senate Bill 464 (SB 464-A) Page 1
(b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, burglary in the second degree
under ORS 164.215, criminal mischief in the first degree under
ORS 164.365, computer crime under ORS 164.377, forgery in the
first degree under ORS 165.013, identity theft under ORS 165.800,
possession of a stolen vehicle under ORS 819.300 or trafficking
in stolen vehicles under ORS 819.310, the presumptive sentence is
13 months of incarceration, unless the rules of the Oregon
Criminal Justice Commission prescribe a longer presumptive
sentence, if the person has:
(A) A previous conviction for aggravated theft in the first
degree under ORS 164.057, unauthorized use of a vehicle under ORS
164.135, burglary in the first degree under ORS 164.225, robbery
in the second degree under ORS 164.405, robbery in the first
degree under ORS 164.415, possession of a stolen vehicle under
ORS 819.300 { + , + } { - or - } trafficking in stolen
vehicles under ORS 819.310 { + or aggravated identity theft
under section 1 of this 2007 Act + }; or
(B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
(2) The crimes to which subsection (1) of this section applies
are:
(a) Theft in the second degree under ORS 164.045;
(b) Theft in the first degree under ORS 164.055;
(c) Aggravated theft in the first degree under ORS 164.057;
(d) Unauthorized use of a vehicle under ORS 164.135;
(e) Burglary in the second degree under ORS 164.215;
(f) Burglary in the first degree under ORS 164.225;
(g) Criminal mischief in the second degree under ORS 164.354;
(h) Criminal mischief in the first degree under ORS 164.365;
(i) Computer crime under ORS 164.377;
(j) Forgery in the second degree under ORS 165.007;
(k) Forgery in the first degree under ORS 165.013;
(L) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(m) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(n) Fraudulent use of a credit card under ORS 165.055;
(o) Identity theft under ORS 165.800;
(p) Possession of a stolen vehicle under ORS 819.300; and
(q) Trafficking in stolen vehicles under ORS 819.310.
(3) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
(a) A longer term of incarceration that is otherwise required
or authorized by law; or
(b) A departure sentence authorized by the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons. Unless the law or the rules of the Oregon
Criminal Justice Commission allow for imposition of a longer
sentence, the maximum departure allowed for a person sentenced
under this subsection is double the presumptive sentence provided
in subsection (1) of this section.
(4) As used in this section, 'previous conviction ' includes:
(a) Convictions occurring before, on or after July 1, 2003; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
(5)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
of sentence in open court. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
Enrolled Senate Bill 464 (SB 464-A) Page 2
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
(6) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
SECTION 3. ORS 131.315 is amended to read:
131.315. (1) If conduct constituting elements of an offense or
results constituting elements of an offense occur in two or more
counties, trial of the offense may be held in any of the counties
concerned.
(2) If a cause of death is inflicted on a person in one county
and the person dies therefrom in another county, trial of the
offense may be held in either county.
(3) If the commission of an offense commenced outside this
state is consummated within this state, trial of the offense
shall be held in the county in which the offense is consummated
or the interest protected by the criminal statute in question is
impaired.
(4) If an offense is committed on any body of water located in,
or adjacent to, two or more counties or forming the boundary
between two or more counties, trial of the offense may be held in
any nearby county bordering on the body of water.
(5) If an offense is committed in or upon any railroad car,
vehicle, aircraft, boat or other conveyance in transit and it
cannot readily be determined in which county the offense was
committed, trial of the offense may be held in any county through
or over which the conveyance passed.
(6) If an offense is committed on the boundary of two or more
counties or within one mile thereof, trial of the offense may be
held in any of the counties concerned.
(7) A person who commits theft, burglary or robbery may be
tried in any county in which the person exerts control over the
property that is the subject of the crime.
(8) If the offense is an attempt or solicitation to commit a
crime, trial of the offense may be held in any county in which
any act that is an element of the offense is committed.
(9) If the offense is criminal conspiracy, trial of the offense
may be held in any county in which any act or agreement that is
an element of the offense occurs.
(10) A person who in one county commits an inchoate offense
that results in the commission of an offense by another person in
another county, or who commits the crime of hindering prosecution
of the principal offense, may be tried in either county.
(11) A criminal nonsupport action may be tried in any county in
which the dependent child is found, irrespective of the domicile
of the parent, guardian or other person lawfully charged with
support of the child.
(12) If the offense is theft { + , forgery or identity
theft + } and the offense consists of an aggregate transaction
involving more than one county, trial of the offense may be held
in any county in which one of the acts of theft { + , forgery or
identity theft + } was committed.
(13) When a prosecution is for violation of the Oregon
Securities Law, the trial of the offense may be held in the
county in which:
Enrolled Senate Bill 464 (SB 464-A) Page 3
(a) The offer to purchase or sell securities took place or
where the sale or purchase of securities took place; or
(b) Any act that is an element of the offense occurred.
(14) When a prosecution under ORS 165.692 and 165.990 or
411.675 and 411.990 (2) and (3) involves Medicaid funds, the
trial of the offense may be held in the county in which the claim
was submitted for payment or in the county in which the claim was
paid.
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Passed by Senate April 19, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 11, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 464 (SB 464-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 464 (SB 464-A) Page 5