Chapter 27 Oregon Laws 2008 Special Session
AN ACT
HB 3615
Relating to elections; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. (1)
Notwithstanding the word limits described in ORS 250.035 (2), the ballot title
for Senate Bill 1087 (2008) shall be:
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INCREASES SENTENCES FOR DRUG TRAFFICKING, THEFT AGAINST ELDERLY AND
SPECIFIED REPEAT PROPERTY AND IDENTITY THEFT CRIMES; REQUIRES ADDICTION
TREATMENT FOR CERTAIN OFFENDERS.
RESULT OF “YES” VOTE: “Yes” vote increases sentences for drug
trafficking (methamphetamine, heroin, “ecstasy,” cocaine), theft against
elderly and specified repeat property and identity theft crimes; requires
addiction treatment for certain offenders; establishes this measure as
alternative to other specified measure on this ballot to impose minimum
sentences for listed crimes.
RESULT OF “NO” VOTE: “No” vote retains current laws, which provide
lesser sentences for specified crimes and do not require treatment for addicted
offenders.
SUMMARY: This measure increases prison sentences for specified drug and
property crimes as follows:
• Trafficking of methamphetamine, heroin, “ecstasy,” or cocaine: 34 -
130 months, depending on the quantity of drugs and criminal history;
• Aggravated theft of over $10,000 where victim is elderly:
16 - 45 months, depending on criminal history;
• Repeat offenses of identity theft, burglary, theft, robbery, mail
theft, car theft, forgery, criminal mischief, credit card and check fraud: 18 -
30 months or 24 - 36 months, depending on seriousness of crime and number of
past convictions.
This measure also requires treatment for certain addicted offenders at
risk of reoffending; imposes sanctions for those who refuse treatment. Limits
court’s ability to reduce sentences. Provides grants to counties for operation
of local jails, treatment services, intensive supervision and drug courts.
If this measure passes with more votes than other specified measure on
this ballot to impose minimum sentences for listed crimes, this measure
controls and other measure will have no effect. If this measure passes with
fewer votes than other specified measure on this ballot to impose minimum
sentences for listed crimes, this measure will have no effect. See Explanatory
Statement for more information.
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(2) If a petition is
filed under ORS 250.085 challenging the ballot title provided in subsection (1)
of this section, the word limits described in ORS 250.035 (2) do not apply for
the purposes of judicial review.
SECTION 2. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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