Chapter 819 Oregon Laws 1999
Session Law
AN ACT
HB 3084
Relating to conditional
discharge.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) Whenever a person pleads guilty to or
is found guilty of a misdemeanor other than driving while under the influence
of intoxicants or other than a misdemeanor involving domestic violence as
defined in ORS 135.230, the court may defer further proceedings and place the
person on probation, upon motion of the district attorney and without entering
a judgment of guilt, if the person:
(a) Consents to the
disposition;
(b) Has not previously been
convicted of any offense in any jurisdiction;
(c) Has not been placed on
probation under ORS 475.245;
(d) Has not completed a
diversion under ORS 135.881 to 135.901; and
(e) Agrees to pay the
unitary assessment for which the person would have been liable under ORS
137.290 if the person had been convicted. The person must pay the unitary
assessment within 90 days of imposition unless the court allows payment at a
later time. The person shall pay the unitary assessment to the clerk of the
court, who shall account for and distribute the moneys as provided in ORS
137.293 and 137.295.
(2) A district attorney may
submit a motion under subsection (1) of this section if, after considering the
factors listed in subsection (3) of this section, the district attorney finds
that disposition under this section would be in the interests of justice and of
benefit to the person and the community.
(3) In determining whether
disposition under this section is in the interests of justice and of benefit to
the person and the community, the district attorney shall consider at least the
following factors:
(a) The nature of the
offense. However, the offense must not have involved injury to another person.
(b) Any special
characteristics or difficulties of the person.
(c) Whether there is a
probability that the person will cooperate with and benefit from alternative
treatment.
(d) Whether an available
program is appropriate to the needs of the person.
(e) The impact of the
disposition upon the community.
(f) Recommendations, if any,
of the involved law enforcement agency.
(g) Recommendations, if any,
of the victim.
(h) Provisions for
restitution.
(i) Any mitigating
circumstances.
(4) Upon violation of a term
or condition of probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon the person's fulfillment of the terms and
conditions of probation, the court shall discharge the person and dismiss the
proceedings against the person. A discharge and dismissal under this section is
without adjudication of guilt and is not a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime. A
person may be discharged and have proceedings dismissed only once under this
section.
SECTION 2. Section 1 of this 1999 Act does not affect
any domestic violence sentencing programs.
Approved by the Governor
July 21, 1999
Filed in the office of
Secretary of State July 21, 1999
Effective date October 23,
1999
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