68th OREGON LEGISLATIVE ASSEMBLY--1996 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 274

                           A-Engrossed

                         House Bill 3488
               Ordered by the the House February 2
           Including House Amendments dated February 2

Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Establishes mandatory sentences for persons convicted of
certain property crimes if person has specified history of
committing property crimes.
  Takes effect   { - January - }   { + July + } 1, 1997.

                        A BILL FOR AN ACT
Relating to sentencing; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (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 19 months of
incarceration 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 13 months of incarceration 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 13 months of incarceration 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;
  (c) Aggravated theft in the first degree under ORS 164.057;
  (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.
  (4) As used in this section, 'previous conviction ' includes:
  (a) Convictions occurring before, on or after the effective
date of this Act; 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 2. { +  This Act takes effect July 1, 1997. + }
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