House Joint Resolution 94 -
Oregon Laws 1999
Session Law
Be It Resolved by the Legislative Assembly of the State of Oregon:
PARAGRAPH 1.
The Constitution of the State of Oregon is amended by creating a new section to
be added to and made a part of Article I, such section to read:
(1)(a) A term of
imprisonment imposed by a judge in open court may not be set aside or otherwise
not carried out, except as authorized by the sentencing court or through the
subsequent exercise of:
(A) The power of the
Governor to grant reprieves, commutations and pardons; or
(B) Judicial authority to
grant appellate or post-conviction relief.
(b) No law shall limit a
court's authority to sentence a criminal defendant consecutively for crimes
against different victims.
(2) This section applies to
all offenses committed on or after the effective date of this section. Nothing
in this section reduces a criminal defendant's rights under the Constitution of
the United States. Except as otherwise specifically provided, this section
supersedes any conflicting section of this Constitution. Nothing in this
section creates any cause of action for compensation or damages nor may this
section be used to invalidate an accusatory instrument, ruling of a court,
conviction or adjudication or otherwise suspend or terminate any criminal or
juvenile delinquency proceedings at any point after the case is commenced or on
appeal.
(3) As used in this section,
"victim" means any person determined by the prosecuting attorney to
have suffered direct financial, psychological or physical harm as a result of a
crime and, in the case of a victim who is a minor, the legal guardian of the
minor. In the event no person has been determined to be a victim of the crime,
the people of Oregon, represented by the prosecuting attorney, are considered
to be the victims. In no event is it intended that the criminal defendant be
considered the victim.
PARAGRAPH 2. The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection at a special
election held throughout this state on the date specified in section 2,
chapter 911, Oregon Laws 1999 (Enrolled House Bill 2354).
Filed in the office of
Secretary of State July 30, 1999
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