Chapter 966 Oregon Laws 1999

Session Law

AN ACT

HB 2479

Relating to sentencing; creating new provisions; amending ORS 137.667 and 137.717; and declaring an emergency.

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

SECTION 1. The Seventieth Legislative Assembly approves the amendments to OAR 213-03-001 and to Appendices 2 and 3 of the rules of the Oregon Criminal Justice Commission. The amendments take effect on and apply to offenses committed on or after the operative date of this section.

SECTION 2. ORS 137.667 is amended to read:

137.667. (1) The Oregon Criminal Justice Commission shall review all new legislation that creates new crimes or modifies existing crimes. The commission shall adopt by rule any necessary modifications to the crime seriousness scale of the guidelines to reflect the actions of the Legislative Assembly and may classify offenses as person felonies or person misdemeanors for purposes of the rules.

(2) The commission may adopt by majority vote of all of its members amendments to the sentencing guidelines approved by section 87, chapter 790, Oregon Laws 1989. The commission shall submit the amendments to the Legislative Assembly for its approval. The amendments shall not become effective unless approved by the Legislative Assembly by statute. The effective date of the amendments shall be the date specified by the Legislative Assembly in the statute approving the amendments. The Legislative Assembly may by statute amend, repeal or supplement any of the amendments.

(3) The provisions of subsection (2) of this section do not apply to amendments to the guidelines adopted by the commission that are required to implement [directives] enactments of the Legislative Assembly or under ORS 421.512 (2) or subsection (1) of this section.

(4) If a rule adopted under subsection (1) of this section is not approved by the next regular Legislative Assembly following the adoption of the rule, the rule is repealed on [November] January 1 following adjournment sine die of that Legislative Assembly.

SECTION 3. ORS 137.717 is amended to read:

137.717. (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 at least] presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405 or robbery in the first degree under ORS 164.415; 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 at least] presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, 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 at least] presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, 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, 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 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;

(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 first degree under ORS 164.365;

(h) Possession of a stolen vehicle under ORS 819.300; and

(i) Trafficking in stolen vehicles under ORS 819.310.

(3) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.

(4) As used in this section, "previous conviction" includes:

(a) Convictions occurring before, on or after July 1, 1997; and

(b) Convictions entered in any other state or federal court for comparable offenses.

(5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.

SECTION 4. Section 1 of this 1999 Act and the amendments to ORS 137.717 by section 3 of this 1999 Act become operative on January 1, 2000.

SECTION 5. ORS 137.717, as amended by section 3 of this 1999 Act, is amended to read:

137.717. (1) When a court sentences a person convicted of:

(a) Burglary in the first degree under ORS 164.225, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405 or robbery in the first degree under ORS 164.415; 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 presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(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 presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(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;

(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 first degree under ORS 164.365;

(h) Possession of a stolen vehicle under ORS 819.300; and

(i) Trafficking in stolen vehicles under ORS 819.310.

(3) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(4) As used in this section, "previous conviction" includes:

(a) Convictions occurring before, on or after July 1, 1997; and

(b) Convictions entered in any other state or federal court for comparable offenses.

(5)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

[(5)] (6) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.

SECTION 6. The amendments to ORS 137.717 by section 5 of this 1999 Act become operative on July 1, 2001.

SECTION 7. No later than January 1, 2000, the Oregon Criminal Justice Commission shall amend its rules and appendices to classify invasion of personal privacy under ORS 163.700 as a person misdemeanor.

SECTION 8. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date August 17, 1999

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