75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 389
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                     CHAPTER ................
 
 
                             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:
 
 
 
Enrolled Senate Bill 389 (SB 389-A)                        Page 1
 
 
 
    { - (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.
                         ----------
 
 
Passed by Senate April 23, 2009
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 15, 2009
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
Enrolled Senate Bill 389 (SB 389-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 389 (SB 389-A)                        Page 3