75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 242
 
LC 571/SB 242-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 242
 
                    By COMMITTEE ON JUDICIARY
 
                             March 6
 
  On page 1 of the printed bill, line 18, delete the colon and
insert 'constitutes a material element of the charged offense.'.
  Delete lines 19 through 21.
  On page 2, delete lines 37 through 39 and insert:
  ' (c) Be filed with the court and served on the district
attorney within 35 days of the arraignment, or of the defendant's
entry of the initial plea on an accusatory instrument, whichever
is sooner, unless a different time is permitted by the court for
good cause shown.'.
  On page 3, delete lines 5 through 9 and insert:
  ' (4) If the court determines that the defendant previously was
convicted of the offense and that the conviction is valid, or if
the defendant does not file and serve a notice under subsection
(1) of this section, the previous conviction shall be admitted at
trial or, if the previous conviction is relevant to an
enhancement fact described in ORS 136.770 (4) or 136.773 (1),
during the sentencing phase of the proceeding. If the previous
conviction is admitted, the defendant may dispute whether the
defendant previously was convicted of the alleged offense but may
not challenge the validity of the conviction. If the previous
conviction is a material element of the charged offense or is an
enhancement fact, the state must prove the previous conviction
beyond a reasonable doubt unless the defendant stipulates to the
fact of the previous conviction in accordance with section 2 of
this 2009 Act.'.
                         ----------