75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2061
House Bill 2842
Sponsored by COMMITTEE ON RULES
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.
Repeals Ballot Measure 57 (2008) and related provisions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.717
and 164.162; repealing sections 1, 2, 3, 4, 5, 6, 8, 9 and 11,
chapter 14, Oregon Laws 2008, and sections 8, 9 and 10, chapter
35, Oregon Laws 2008; declaring an emergency; and providing for
criminal sentence reduction that requires approval by a
two-thirds majority.
Whereas Ballot Measure 57 (2008) (chapter 14, Oregon Laws 2008)
imposes significant costs on the State of Oregon; and
Whereas Ballot Measure 57 (2008) did not identify a source of
funding to cover these costs; and
Whereas this 2009 Act repeals Ballot Measure 57 (2008)
and House Bill 2843 re-refers the provisions of Ballot Measure 57
(2008) to the people of Oregon with a funding source; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.717, as amended by section 7, chapter 14,
Oregon Laws 2008, 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,
burglary in the first degree under ORS 164.225 { - , robbery in
the third degree under ORS 164.395, identity theft under ORS
165.800 - } or aggravated identity theft under ORS 165.803, the
presumptive sentence is { - 24 - } { + 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 third degree under ORS 164.395, - }
robbery in the second degree under ORS 164.405, robbery in the
first degree under ORS 164.415 or aggravated identity theft under
ORS 165.803; { + or + }
(B) { - Two - } { + Four + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - ; or - } { + . + }
{ - (C) A previous conviction for a crime listed in
subsection (2) of this section if the current crime of conviction
was committed while the defendant was on supervision for the
previous conviction or less than three years after the date the
defendant completed the period of supervision for the previous
conviction. - }
(b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, { - mail theft or receipt
of stolen mail under ORS 164.162, - } 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, { - criminal possession of
a forged instrument in the first degree under ORS 165.022,
fraudulent use of a credit card under ORS 165.055 (4)(b), - }
{ + 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
{ - 18 - } { + 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 third degree under ORS 164.395, - } 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, trafficking in stolen vehicles under ORS 819.310 or
aggravated identity theft under ORS 165.803; { + or + }
(B) { - Two - } { + Four + } or more previous convictions
for any combination of the crimes listed in subsection (2) of
this section { - ; or - } { + . + }
{ - (C) A previous conviction for a crime listed in
subsection (2) of this section if the current crime of conviction
was committed while the defendant was on supervision for the
previous conviction or less than three years after the date the
defendant completed the period of supervision for the previous
conviction. - }
(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) Mail theft or receipt of stolen mail under ORS
164.162; - }
{ - (f) - } { + (e) + } Burglary in the second degree under
ORS 164.215;
{ - (g) - } { + (f) + } Burglary in the first degree under
ORS 164.225;
{ - (h) - } { + (g) + } Criminal mischief in the second
degree under ORS 164.354;
{ - (i) - } { + (h) + } Criminal mischief in the first
degree under ORS 164.365;
{ - (j) - } { + (i) + } Computer crime under ORS 164.377;
{ - (k) - } { + (j) + } Forgery in the second degree under
ORS 165.007;
{ - (L) - } { + (k) + } Forgery in the first degree under
ORS 165.013;
{ - (m) - } { + (L) + } Criminal possession of a forged
instrument in the second degree under ORS 165.017;
{ - (n) - } { + (m) + } Criminal possession of a forged
instrument in the first degree under ORS 165.022;
{ - (o) - } { + (n) + } Fraudulent use of a credit card
under ORS 165.055;
{ - (p) - } { + (o) + } Identity theft under ORS 165.800;
{ - (q) - } { + (p) + } Possession of a stolen vehicle
under ORS 819.300; { + and + }
{ - (r) - } { + (q) + } Trafficking in stolen vehicles
under ORS 819.310 { - ; and - }
{ - (s) Any attempt to commit a crime listed in this
subsection - } .
{ - (3)(a) A presumptive sentence described in subsection (1)
of this section shall be increased by two months for each
previous conviction the person has that: - }
{ - (A) Was for any of the crimes listed in subsection (1) or
(2) of this section; and - }
{ - (B) Was not used as a predicate for the presumptive
sentence under subsection (1) of this section. - }
{ - (b) Previous convictions may not increase a presumptive
sentence described in subsection (1) of this section by more than
12 months under this subsection. - }
{ - (4) - } { + (3) + } The court may impose a sentence
other than the sentence provided by subsection (1) { - or
(3) - } 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) { - or (3) - } of this section.
{ - (5) Notwithstanding subsection (4)(b) of this section,
the court may not sentence a person under subsection (4) of this
section to a term of incarceration that exceeds the period of
time described in ORS 161.605. - }
{ - (6) The court shall sentence a person under this section
to at least the presumptive sentence described in subsection (1)
or (3) of this section, unless the parties stipulate otherwise or
the court finds that: - }
{ - (a) The person was not on probation, parole or
post-prison supervision for a crime listed in subsection (1) of
this section at the time of the commission of the current crime
of conviction; - }
{ - (b) The person has not previously received a downward
departure from a presumptive sentence for a crime listed in
subsection (1) of this section; - }
{ - (c) The harm or loss caused by the crime is not greater
than usual for that type of crime; and - }
{ - (d) In consideration of the nature of the offense and the
harm to the victim, a downward departure will: - }
{ - (A) Increase public safety; - }
{ - (B) Enhance the likelihood that the person will be
rehabilitated; and - }
{ - (C) Not unduly reduce the appropriate punishment. - }
{ - (7)(a) - } { + (4)(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 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.
{ - (8) - } { + (5) + } For purposes of this section,
previous convictions must be proven pursuant to ORS 137.079.
{ - (9) - } { + (6) + } As used in this section { + , + }
{ - : - }
{ - (a) 'Downward departure' means a downward dispositional
departure or a downward durational departure under the rules of
the Oregon Criminal Justice Commission. - }
{ - (b) - } 'previous conviction' includes:
{ - (A) - } { + (a) + } Convictions occurring before, on or
after July 1, 2003; and
{ - (B) - } { + (b) + } Convictions entered in any other
state or federal court for comparable offenses.
SECTION 2. ORS 164.162, as amended by section 10, chapter 14,
Oregon Laws 2008, is amended to read:
164.162. (1) A person commits the crime of mail theft or
receipt of stolen mail if the person intentionally:
(a) Takes or, by fraud or deception, obtains mail from a post
office, postal station, mail receptacle, authorized depository or
mail carrier;
(b) Takes from mail any article contained therein;
(c) Secretes, embezzles or destroys mail or any article
contained therein;
(d) Takes or, by fraud or deception, obtains mail that has been
delivered to or left for collection on or adjacent to a mail
receptacle or authorized depository; or
(e) Buys, receives, conceals or possesses mail or any article
contained therein knowing that the mail or article has been
unlawfully taken or obtained.
(2) Mail theft or receipt of stolen mail is a Class { - C
felony - } { + A misdemeanor + }.
SECTION 3. { + Sections 1, 2, 3, 4, 5, 6, 8, 9 and 11, chapter
14, Oregon Laws 2008, and sections 8, 9 and 10, chapter 35,
Oregon Laws 2008, are repealed. + }
SECTION 4. { + The amendments to ORS 137.717 and 164.162 by
sections 1 and 2 of this 2009 Act apply to sentences imposed for
crimes committed on or after the effective date of this 2009
Act. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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