Chapter 799 Oregon Laws 1999

Session Law

AN ACT

HB 2350

Relating to criminal procedure; amending ORS 475.245.

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

SECTION 1. ORS 475.245 is amended to read:

475.245. Whenever any person [who has not previously been convicted of any offense under ORS 475.005 to 475.285 and 475.940 to 475.995 or under any statute of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant or hallucinogenic drugs,] pleads guilty to or is found guilty of possession of a controlled substance under ORS 475.992 (4), the court, without entering a judgment of guilt and with the consent of the district attorney and the accused, may defer further proceedings and place the person on probation. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

Approved by the Governor July 20, 1999

Filed in the office of Secretary of State July 20, 1999

Effective date October 23, 1999

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