68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 274

                         House Bill 3488

Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS


                             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.

  Establishes mandatory sentences for persons convicted of
certain property crimes if person has specified history of
committing property crimes.
  Takes effect January 1, 1997.

                        A BILL FOR AN ACT
Relating to sentencing; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) When a court sentences a person convicted
of:
  (a) Burglary in the first degree under ORS 164.225, the court
shall sentence the person to a term of 19 months of incarceration
if the person has:
  (A) A previous conviction for burglary in the first degree
under ORS 164.225; or
  (B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
  (b) Unauthorized use of a vehicle under ORS 164.135, possession
of a stolen vehicle under ORS 819.300 or trafficking in stolen
vehicles under ORS 819.310, the court shall sentence the person
to a term of 13 months of incarceration if the person has:
  (A) A previous conviction for either unauthorized use of a
vehicle under ORS 164.135, 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 or trafficking
in stolen vehicles under ORS 819.310; or
  (B) Four previous convictions for any combination of the other
crimes listed in subsection (2) of this section.
  (c) Theft in the first degree under ORS 164.055, aggravated
theft in the first degree under ORS 164.057, burglary in the
second degree under ORS 164.215 or criminal mischief in the first
degree under ORS 164.365, the court shall sentence the person to
a term of 13 months of incarceration if the person has:
  (A) A previous conviction for unauthorized use of a vehicle
under ORS 164.135, burglary in the first degree under ORS
164.225, possession of a stolen vehicle under ORS 819.300 or
trafficking in stolen vehicles under ORS 819.310; or
  (B) Four 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) Possession of a stolen vehicle under ORS 819.300; and
  (j) Trafficking in stolen vehicles under ORS 819.310.
  (3) Notwithstanding subsection (1) of this section, the court
may sentence a person to a longer term of incarceration than that
required by subsection (1) of this section if a longer term of
incarceration is otherwise allowed by law.
  (4) A person sentenced under subsection (1) of this section is
eligible for reduction in the term of incarceration as provided
in ORS 421.121.
  (5) As used in this section, 'previous conviction' includes
convictions occurring before, on or after the effective date of
this Act.
  (6) For purposes of this section, previous convictions must be
proven in the same manner as prior convictions are proven for
purposes of sentencing guidelines. + }
  SECTION 2. { +  This Act takes effect January 1, 1997. + }
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