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 2608
Corrected Title
Senate Bill 1014
Sponsored by COMMITTEE ON JUDICIARY
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.
Requires courts to determine whether person 15, 16 or 17 years
of age charged with specified crimes should be prosecuted in
adult court.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.705
and 137.707; and providing for criminal sentence reduction that
requires approval by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) When a person charged with aggravated
murder, as defined in ORS 163.095, or an offense listed in ORS
137.707 (4) is 15, 16 or 17 years of age at the time the offense
is committed, the criminal court having jurisdiction shall hold a
hearing to determine if the proceeding should be continued in
juvenile court.
(2) The person shall have the burden of proving, by a
preponderance of the evidence, that either:
(a) At the time of the alleged offense, the person was not of
sufficient sophistication and maturity to appreciate the quality
of the conduct involved; or
(b) Retaining jurisdiction does not serve the best interests of
the person or society.
(3) In making a finding under subsection (2)(b) of this
section, the court shall consider the factors described in ORS
419C.349 (4).
(4) If the court makes either of the findings described in
subsection (2) of this section, the court shall enter an order
remanding the person to juvenile court for proceedings consistent
with ORS chapter 419C. Otherwise, the court shall continue the
proceeding in the criminal court. + }
SECTION 2. ORS 137.707 is amended to read:
137.707. (1)(a) Notwithstanding any other provision of law,
when a person charged with aggravated murder, as defined in ORS
163.095, or an offense listed in subsection (4)(a) of this
section is 15, 16 or 17 years of age at the time the offense is
committed, and the offense is committed on or after April 1,
1995, or when a person charged with an offense listed in
subsection (4)(b) of this section is 15, 16 or 17 years of age at
the time the offense is committed, and the offense is committed
on or after October 4, 1997, the person shall be { + granted a
hearing in accordance with section 1 of this 2007 Act + }
{ - prosecuted as an adult in criminal court - } .
(b) A district attorney, the Attorney General or a juvenile
department counselor may not file in juvenile court a petition
alleging that a person has committed an act that, if committed by
an adult, would constitute aggravated murder or an offense listed
in subsection (4) of this section if the person was 15, 16 or 17
years of age at the time the act was committed { + unless a
court enters an order remanding the person to juvenile court
under section 1 of this 2007 Act + }.
(2) When a person charged under this section is convicted of an
offense listed in subsection (4) of this section, the court shall
impose at least the presumptive term of imprisonment provided for
the offense in subsection (4) of this section. The court may
impose a greater presumptive term if otherwise permitted by law,
but may not impose a lesser term. The person is not, during the
service of the term of imprisonment, eligible for release on
post-prison supervision or any form of temporary leave from
custody. The person is not eligible for any reduction in, or
based on, the minimum sentence for any reason under ORS 421.121
or any other provision of law. ORS 138.012, 163.105 and 163.150
apply to sentencing a person prosecuted under this section and
convicted of aggravated murder under ORS 163.095 except that a
person who was under 18 years of age at the time the offense was
committed is not subject to a sentence of death.
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(Murder, as defined in
ORS 163.115...300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS 903months
(D) Manslaughter in the
first degree, as defined
in ORS 163.118120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(F) Assault in the first
degree, as defined
in ORS 163.185.90 months
(G) Assault in the second
degree, as defined
in ORS 163.175.70 months
(H) Kidnapping in the first
degree, as defined in
ORS 163.235....90 months
(I) Kidnapping in the second
degree, as defined in
ORS 163.225....70 months
(J) Rape in the first degree,
as defined in 100 months5
(K) Rape in the second
degree, as defined in
ORS 163.365....75 months
(L) Sodomy in the first
degree, as defined in
ORS 163.405...100 months
(M) Sodomy in the second
degree, as defined in
ORS 163.395....75 months
(N) Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.411100 months
(O) Unlawful sexual
penetration in the
second degree, as
defined in ORS 753months
(P) Sexual abuse in the first
degree, as defined in
ORS 163.427....75 months
(Q) Robbery in the first
degree, as defined in
ORS 164.415....90 months
(R) Robbery in the second
degree, as defined in
ORS 164.405....70 months
(b)(Arson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical injury90 months
(B) Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670....70 months
(C) Compelling prostitution,
as defined in O70 months7.
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) If a person charged with an offense under this section is
found guilty of a lesser included offense and the lesser included
offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(B) And is not an offense for which waiver is authorized under
ORS 419C.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated murder or
offenses listed in subsection (4) of this section. If it appears,
upon motion, that the state or the person charged is prejudiced
by the joinder and consolidation of offenses, the court may order
an election or separate trials of counts or provide whatever
other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) of this
section as provided in subsection (2) of this section and shall
impose sentences for the other offenses as otherwise provided by
law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.067 and 419C.411.
SECTION 3. ORS 137.705 is amended to read:
137.705. (1)(a) As used in this section and ORS 137.707:
(A) 'Charged' means the filing of an accusatory instrument in a
court of criminal jurisdiction alleging the commission of an
offense listed in ORS 137.707.
(B) 'Prosecuted' includes pretrial and trial procedures,
requirements and limitations provided for in criminal cases.
(b) Unless otherwise provided in ORS 137.707, ORS chapters 137
and 138 apply to proceedings under ORS 137.707.
(2)(a) Notwithstanding ORS 419B.100 and 419C.005, a person 15,
16 or 17 years of age at the time of committing the offense may
be charged with the commission of an offense listed in ORS
137.707 and may be prosecuted as an adult { + unless a court
enters an order remanding the person to juvenile court under
section 1 of this 2007 Act + }.
(b) The district attorney shall notify the juvenile court and
the juvenile department when a person under 18 years of age is
charged with an offense listed in ORS 137.707.
(c) The filing of an accusatory instrument in a criminal court
under ORS 137.707 divests the juvenile court of jurisdiction in
the matter if juvenile court jurisdiction is based on the conduct
alleged in the accusatory instrument or any conduct arising out
of the same act or transaction. Upon receiving notice from the
district attorney under paragraph (b) of this subsection, the
juvenile court shall dismiss, without prejudice, the juvenile
court proceeding and enter any order necessary to transfer the
matter or transport the person to the criminal court for further
proceedings. Nothing in this paragraph affects the authority or
jurisdiction of the juvenile court with respect to other matters
or conduct.
(3)(a) A person charged with a crime under ORS 137.707 who is
16 or 17 years of age shall be detained in custody in a jail or
other place where adults are detained subject to release on the
same terms and conditions as for adults.
(b) Notwithstanding paragraph (a) of this subsection, the
sheriff and the director of the county juvenile department may
agree to detain the person charged in a place other than the
county jail.
(c) If a person charged with a crime under ORS 137.707 is under
16 years of age, the person may not be detained, either before
conviction or after conviction but before execution of the
sentence, in a jail or other place where adults are detained.
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