Chapter 552 Oregon Laws 1999

Session Law

AN ACT

SB 379

Relating to civil compromise of antitrust violations; creating new provisions; and amending ORS 646.815.

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

SECTION 1. ORS 646.815 is amended to read:

646.815. (1) Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 or 646.730 is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760, 646.770, 646.775 or 646.780.

(2) The commencement of trial seeking civil penalties in any action under ORS 646.760 shall bar any subsequent criminal prosecution for violation of ORS 646.725 or 646.730, based upon the same acts complained of. The commencement of trial in a criminal prosecution for violation of ORS 646.725 or 646.730 shall bar any subsequent action for recovery of civil penalties under ORS 646.760, based upon the same acts complained of, but shall not bar a subsequent suit for injunctive relief under ORS 646.760.

SECTION 2. The amendments to ORS 646.815 by section 1 of this 1999 Act apply to investigations begun on or after the effective date of this 1999 Act.

Approved by the Governor July 8, 1999

Filed in the office of Secretary of State July 8, 1999

Effective date October 23, 1999

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