76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1125
Senate Bill 402
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim 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 as
introduced.
Modifies definition of 'previous conviction' and 'prior
conviction' for purposes of certain criminal statutes when person
is under 18 years of age at time crime is committed.
Requires Oregon Criminal Justice Commission to modify method of
calculating person's criminal history, for purposes of sentencing
guidelines grid of commission, when person is under 18 years of
age at time crime is committed.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.717,
165.803, 167.500, 475.933 and 475.935; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Oregon Criminal Justice Commission shall,
no later than January 1, 2012, amend the rules of the commission
relating to the criminal history scale of the sentencing
guidelines grid to provide that when an offender is sentenced for
a crime committed when the offender is under 18 years of age, the
offender's criminal history is based on the number of felony and
Class A misdemeanor convictions and juvenile adjudications in the
offender's criminal history at the time the current crime of
conviction is committed. + }
SECTION 2. ORS 137.717 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 or aggravated
identity theft under ORS 165.803, 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:
(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 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) Four or more previous convictions for any combination of
the crimes listed in subsection (2) of this section.
(b) Theft in the first degree under ORS 164.055, unauthorized
use of a vehicle under ORS 164.135, 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, 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
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 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) Four or more previous convictions for any combination of
the crimes listed in subsection (2) of this section.
(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) Burglary in the second degree under ORS 164.215;
(f) Burglary in the first degree under ORS 164.225;
(g) Criminal mischief in the second degree under ORS 164.354;
(h) Criminal mischief in the first degree under ORS 164.365;
(i) Computer crime under ORS 164.377;
(j) Forgery in the second degree under ORS 165.007;
(k) Forgery in the first degree under ORS 165.013;
(L) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(m) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(n) Fraudulent use of a credit card under ORS 165.055;
(o) Identity theft under ORS 165.800;
(p) Possession of a stolen vehicle under ORS 819.300; and
(q) Trafficking in stolen vehicles under ORS 819.310.
(3) 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) 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) of this section.
(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.
(6) As used in this section, 'previous conviction' { + :
(a) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) + }Includes { - : - }
{ - (a) Convictions occurring before, on or after July 1,
2003; and - }
{ - (b) - } convictions entered in any other state or
federal court for comparable offenses.
SECTION 3. ORS 137.717, as amended by section 11, chapter 660,
Oregon Laws 2009, 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 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;
(B) Two 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), possession of a stolen
vehicle under ORS 819.300 or trafficking in stolen vehicles under
ORS 819.310, the presumptive sentence is 18 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;
(B) Two 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) Burglary in the second degree under ORS 164.215;
(g) Burglary in the first degree under ORS 164.225;
(h) Criminal mischief in the second degree under ORS 164.354;
(i) Criminal mischief in the first degree under ORS 164.365;
(j) Computer crime under ORS 164.377;
(k) Forgery in the second degree under ORS 165.007;
(L) Forgery in the first degree under ORS 165.013;
(m) Criminal possession of a forged instrument in the second
degree under ORS 165.017;
(n) Criminal possession of a forged instrument in the first
degree under ORS 165.022;
(o) Fraudulent use of a credit card under ORS 165.055;
(p) Identity theft under ORS 165.800;
(q) Possession of a stolen vehicle under ORS 819.300;
(r) 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
described in 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) 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) 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) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
(9) 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' { + :
(A) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(B) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(C) + }Includes { - : - }
{ - (A) Convictions occurring before, on or after July 1,
2003; and - }
{ - (B) - } convictions entered in any other state or
federal court for comparable offenses.
SECTION 4. ORS 165.803 is amended to read:
165.803. (1) A person commits the crime of aggravated identity
theft if:
(a) The person violates ORS 165.800 in 10 or more separate
incidents within a 180-day period;
(b) The person violates ORS 165.800 and the person has a
previous conviction for aggravated identity theft;
(c) The person violates ORS 165.800 and the losses incurred in
a single or aggregate transaction are $10,000 or more within a
180-day period; or
(d) The person violates ORS 165.800 and has in the person's
custody, possession or control 10 or more pieces of personal
identification from 10 or more different persons.
(2) Aggravated identity theft is a Class B felony.
(3) As used in this section, 'previous conviction' { + :
(a) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) + } Includes { - : - }
{ - (a) Convictions occurring before, on or after January 1,
2008; and - }
{ - (b) - } convictions entered in any other state or
federal court for comparable offenses.
(4) The state shall plead in the accusatory instrument and
prove beyond a reasonable doubt, as an element of the offense,
the previous conviction for aggravated identity theft.
SECTION 5. ORS 475.933 is amended to read:
475.933. (1) When a court sentences a person convicted of a
crime listed in subsection (2) of this section, the court may not
impose a sentence of optional probation or grant a downward
dispositional departure or a downward durational departure under
the rules of the Oregon Criminal Justice Commission if the person
has a previous conviction for any of the crimes listed in
subsection (2) of this section.
(2) The crimes to which subsection (1) of this section applies
are:
(a) Manufacture or delivery of a controlled substance, other
than marijuana, under ORS 475.840 (1);
(b) Creation or delivery of a counterfeit substance, other than
marijuana, under ORS 475.840 (2);
(c) Manufacture or delivery of heroin under ORS 475.846,
475.848, 475.850 or 475.852;
(d) Manufacture or delivery of
3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868,
475.870 or 475.872;
(e) Manufacture or delivery of cocaine under ORS 475.876,
475.878, 475.880 or 475.882;
(f) Manufacture or delivery of methamphetamine under ORS
475.886, 475.888, 475.890 or 475.892;
(g) Manufacture or delivery of a controlled substance within
1,000 feet of a school under ORS 475.904;
(h) Delivery of a controlled substance to a person under 18
years of age under ORS 475.906; and
(i) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
(3)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of sentence. { - 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.
(4) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
(5) As used in this section, 'previous conviction'
{ - means - } :
{ + (a) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) Includes + }
{ - (a) Convictions occurring before, on or after July 1,
2009; and - }
{ - (b) - } convictions entered in any other state or
federal court for comparable offenses.
SECTION 6. ORS 475.935 is amended to read:
475.935. (1) Except as provided in ORS 475.900, 475.907 or
475.925, 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) 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) 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.
(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) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) Includes + }
{ - (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.
SECTION 7. ORS 475.935, as amended by section 16, chapter 660,
Oregon Laws 2009, is amended to read:
475.935. (1) Except as provided in ORS 475.900, 475.907 or
475.925, 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) 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.
(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 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 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) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) Includes + }
{ - (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.
SECTION 8. ORS 167.500 is amended to read:
167.500. As used in ORS 167.502, 167.506 and 167.508:
(1) 'Baby food' or 'infant formula' means food manufactured,
packaged and labeled specifically for sale for consumption by a
child under the age of two years.
(2) 'Medical device' means an object or substance that is:
(a) Required under federal law to bear the label 'Caution:
Federal law requires dispensing by or on the order of a
physician'; or
(b) Defined by federal law as a medical device and is intended:
(A) For use in the diagnosis of disease or other conditions in
humans or animals;
(B) For use in the cure, mitigation, treatment or prevention of
disease in humans or animals; or
(C) To affect the structure or a function of the bodies of
humans or animals without achieving any of its principal intended
purposes through metabolism or through chemical action within or
on the bodies of humans or animals.
(3) 'New and unused property' means tangible personal property:
(a) That was acquired by a person directly from a producer,
manufacturer, wholesaler or retailer in the ordinary course of
business and has not been used since its production or
manufacture; or
(b) That was packaged when it was originally produced or
manufactured and the property is in its original and unopened
package.
(4)(a) 'Nonprescription drugs' means drugs that may be sold
without a prescription and that, in accordance with the
requirements of the statutes and regulations of this state and
the federal government, are:
(A) Prepackaged for use by a consumer;
(B) Prepared by a manufacturer or producer for use by a
consumer; and
(C) Labeled and unadulterated.
(b) 'Nonprescription drugs' does not include herbal products,
dietary supplements, botanical extracts or vitamins.
(5) 'Prior conviction' { + : + } { - means a conviction
that was entered prior to imposing sentence on the current crime,
provided that the prior conviction is based on a crime committed
in a separate criminal episode. - }
{ + (a) Means a conviction entered before the defendant is
sentenced for the current crime of conviction, if the current
crime of conviction was committed when the defendant was 18 years
of age or older and the convictions arise out of separate
criminal episodes as defined in ORS 131.505;
(b) Means a conviction entered before the commission of the
current crime of conviction, if the current crime of conviction
was committed when the defendant was under 18 years of age; and
(c) Includes convictions entered in any other state or federal
court for comparable offenses. + }
(6) 'Unused property market' means an event:
(a) Where at least two persons offer new and unused property
for sale or exchange and the person organizing or conducting the
event charges a fee upon the sale or exchange of the new and
unused property;
(b) Where at least two persons offer new and unused property
for sale or exchange and a prospective buyer must pay a fee for
admission to an area where new and unused property is offered for
sale or exchange; or
(c) Where new and unused property is offered for sale or
exchange for more than 12 days in one 12-month period.
SECTION 9. { + The amendments to ORS 137.717, 165.803,
167.500, 475.933 and 475.935 by sections 2 to 8 of this 2011 Act
apply to:
(1) Persons sentenced for a crime committed on or after the
effective date of this 2011 Act; and
(2) Previous convictions entered before, on or after the
effective date of this 2011 Act. + }
SECTION 10. { + 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. + }
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