75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2262
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to reinstatement of charges after plea; creating new
provisions; and amending ORS 135.390.
Be It Enacted by the People of the State of Oregon:
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contest is withdrawn under ORS 135.365 or the judgment of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
Enrolled House Bill 2262 (HB 2262-A) Page 1
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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Passed by House April 30, 2009
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2009
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President of Senate
Enrolled House Bill 2262 (HB 2262-A) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
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Governor
Filed in Office of Secretary of State:
......M.,............., 2009
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Secretary of State
Enrolled House Bill 2262 (HB 2262-A) Page 3