Chapter 134 Oregon Laws 1999

Session Law

AN ACT

HB 2293

Relating to criminal procedure; amending ORS 135.335, 135.355 and 138.050.

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

SECTION 1. ORS 135.335 is amended to read:

135.335. (1) The kinds of plea to an indictment, information or complaint, or each count thereof, are:

(a) Guilty.

(b) Not guilty.

(c) No contest.

(2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

(3) With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea.

SECTION 2. ORS 135.355 is amended to read:

135.355. (1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms:

[(1)] (a) "The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument."

[(2)] (b) "The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument."

[(3)] (c) "The defendant pleads no contest to the offense charged in this accusatory instrument."

(2) When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate.

SECTION 3. ORS 138.050 is amended to read:

138.050. (1) Except as otherwise provided in ORS 135.335, a defendant who has pleaded guilty or no contest may only take an appeal from a judgment or order described in ORS 138.053 where the disposition:

(a) Exceeds the maximum allowable by law; or

(b) Is unconstitutionally cruel and unusual.

(2) If the judgment or order described under ORS 138.053 is in the:

(a) Circuit court, the appeal shall be taken to the Court of Appeals.

(b) Justice court or municipal court or city recorder's court, the appeal shall be taken to the circuit court for the county.

(3) On appeal under subsection (1) of this section, the appellate court shall only consider whether the disposition:

(a) Exceeds the maximum allowable by law; or

(b) Is unconstitutionally cruel and unusual.

(4) If the appellate court determines the disposition imposed does exceed the maximum allowable by law or is unconstitutionally cruel and unusual, the appellate court shall direct the court from which the appeal is taken to impose the disposition which should be imposed.

Approved by the Governor April 26, 1999

Filed in the office of Secretary of State April 26, 1999

Effective date October 23, 1999

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