75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2262
 
LC 840/HB 2262-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2262
 
                    By COMMITTEE ON JUDICIARY
 
                            April 27
 
  In line 2 of the printed bill, before the period insert ';
creating new provisions; and amending ORS 135.390'.
  Delete lines 4 through 10 and insert:
  '  { +  SECTION 1. + } ORS 135.390 is amended to read:
  ' 135.390. (1) The court shall not accept a plea of guilty or
no contest without first determining that the plea is voluntary
and intelligently made.
  ' (2) The court shall determine whether the plea is the result
of prior plea discussions and a plea agreement. If the plea is
the result of a plea agreement, the court shall determine the
nature of the agreement.
  '  { +  (3) If the plea agreement includes an agreement that
the district attorney will seek or not oppose dismissal of a
charge in exchange for the defendant's plea of guilty or no
contest to another charge, the court may not accept the plea of
guilty or no contest unless:
  ' (a) The agreement includes a written provision that indicates
whether the court is required to reinstate charges that are
dismissed pursuant to the agreement if the plea of guilty or no
contest is withdrawn under ORS 135.365 or the judgment of
conviction is subsequently reversed, vacated or set aside; and
  ' (b) If the agreement requires the court to reinstate charges
under the circumstances described in paragraph (a) of this
subsection, the defendant has provided the court with a written
waiver of the statute of limitations and any statutory or
constitutional speedy trial or double jeopardy rights, applicable
to the dismissed charges. + }
  '  { - (3) - }  { +  (4) + } If the district attorney has
agreed to seek charge or sentence concessions which must be
approved by the court, the court shall advise the defendant
personally that the recommendations of the district attorney are
not binding on the court.
  '  { - (4)(a) - }  { +  (5)(a) + } If the district attorney has
provided a plea offer and agreed disposition recommendation to
the defendant as provided in ORS 135.405 and the defendant is
entering a guilty plea based on the plea offer and agreed
disposition recommendation, the court shall determine whether the
plea is voluntarily made. Except as otherwise provided in
paragraph (b) of this subsection, if the court finds that the
plea is voluntarily made, the court shall impose sentence as
provided in the agreed disposition recommendation.
  ' (b) If the court determines that the agreed disposition
recommendation is inappropriate in a particular case, the court
shall so advise the parties and allow the defendant an
opportunity to withdraw the plea.
  '  { +  SECTION 2. + }  { + The amendments to ORS 135.390 by
section 1 of this 2009 Act apply to pleas of guilty or no contest
tendered on or after the effective date of this 2009 Act. + } ' .
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