Chapter 267 Oregon Laws 2011

AN ACT

SB 378

Relating to enhancement facts; creating new provisions; amending ORS 136.765; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 136.765 is amended to read:

136.765. In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:

(1) Pleading the enhancement fact in the accusatory instrument; or

(2) [Within a reasonable time after filing the accusatory instrument,] Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it[.], no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown.

SECTION 2. The amendments to ORS 136.765 by section 1 of this 2011 Act apply to criminal prosecutions commenced on or after the effective date of this 2011 Act.

SECTION 3. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage.

Approved by the Governor June 7, 2011

Filed in the office of Secretary of State June 7, 2011

Effective date June 7, 2011

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