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 2677
 
                           A-Engrossed
 
                         Senate Bill 389
                 Ordered by the Senate April 21
           Including Senate Amendments dated April 21
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Precludes court from imposing less than presumptive sentence
when sentencing certain repeat offenders.
 
                        A BILL FOR AN ACT
Relating to criminal sentencing; amending ORS 137.721.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 137.721 is amended to read:
  137.721.   { - (1) When a court sentences a person convicted
of: - }
    { - (a) Manufacture of methamphetamine under ORS 475.886 or
475.888, the court may not impose a sentence of optional
probation or grant a downward dispositional departure or a
downward durational departure of more than one-half of the
presumptive prison sentence under the rules of the Oregon
Criminal Justice Commission if the person has a previous
conviction for: - }
    { - (A) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890; - }
    { - (B) Delivery or manufacture of methamphetamine within
1,000 feet of a school under ORS 475.888, 475.892 or 475.904;
or - }
    { - (C) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. - }
    { - (b) Delivery of methamphetamine under ORS 475.890 or
475.892, the court may not impose a sentence of optional
probation or grant a downward dispositional departure under the
rules of the Oregon Criminal Justice Commission if: - }
    { - (A) The delivery involved a substantial quantity of
methamphetamine as described in ORS 475.900; and - }
    { - (B) The person has a previous conviction for: - }
    { - (i) Delivery or manufacture of methamphetamine under ORS
475.840, 475.886 or 475.890; - }
    { - (ii) Delivery or manufacture of methamphetamine within
1,000 feet of a school under ORS 475.888, 475.892 or 475.904;
or - }
    { - (iii) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967. - }
 
    { - (c) - }   { + (1) Except as provided in ORS 475.900 or
section 2 or 3, chapter 14, Oregon Laws 2008, when the court
sentences a person convicted of + } delivery of methamphetamine
under ORS 475.890 or 475.892, the presumptive sentence is 19
months of incarceration, unless the rules of the Oregon Criminal
Justice Commission prescribe a longer presumptive sentence, if
the person has two or more previous convictions for any
combination of the following crimes:
    { - (A) - }  { +  (a) + } Delivery or manufacture of
methamphetamine under ORS 475.840, 475.886 or 475.890;
    { - (B) - }  { +  (b) + } Delivery or manufacture of
methamphetamine within 1,000 feet of a school under ORS 475.888,
475.892 or 475.904; or
    { - (C) - }  { +  (c) + } Possession of a precursor substance
with intent to manufacture a controlled substance under ORS
475.967.
  (2) The court may impose a sentence other than the sentence
provided by subsection (1) of this section if the court imposes:
  (a) A longer term of incarceration that is otherwise required
or authorized by law; or
  (b) An upward   { - or downward - }  durational departure
sentence that is authorized by law or the rules of the Oregon
Criminal Justice Commission based upon findings of substantial
and compelling reasons   { - unless otherwise noted in subsection
(1) of this section - } . Unless otherwise authorized by law or
rule of the Oregon Criminal Justice Commission, the maximum
departure allowed for a person sentenced under this subsection is
double the presumptive sentence provided in subsection (1) of
this section.
  (3) As used in this section, 'previous conviction' means:
  (a) Convictions occurring before, on or after August 16, 2005;
and
  (b) Convictions entered in any other state or federal court for
comparable offenses.
  (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.
  (5) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
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