Chapter 1022 Oregon Laws 1999

Session Law

AN ACT

HB 3057

Relating to crime; creating new provisions; amending ORS 137.717 and section 4, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479); repealing sections 3, 5 and 6, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479); and appropriating money.

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

SECTION 1. (1) A person commits the crime of identity theft if the person, with the intent to defraud, obtains, possesses, transfers, creates, utters or converts to the person's own use the personal identification of another person.

(2) Identity theft is a Class C felony.

(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol;

(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing tobacco products; or

(c) Used the personal identification of another person solely for the purpose of misrepresenting the person's age to gain access to a:

(A) Place the access to which is restricted based on age; or

(B) Benefit based on age.

(4) As used in this section:

(a) "Another person" means a real or imaginary person.

(b) "Personal identification" includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:

(A) A person's name, address or telephone number;

(B) A person's driving privileges;

(C) A person's Social Security number or tax identification number;

(D) A person's citizenship status or alien identification number;

(E) A person's employment status, employer or place of employment;

(F) The identification number assigned to a person by a person's employer;

(G) The maiden name of a person or a person's mother;

(H) The identifying number of a person's depository account at a financial institution, as defined in ORS 706.008, or a credit card account;

(I) A person's signature or a copy of a person's signature;

(J) A person's electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

(K) A person's photograph;

(L) A person's date of birth; and

(M) A person's personal identification number.

SECTION 2. 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 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.

(d) Identity theft under section 1 of this 1999 Act, 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 identity theft under section 1 of this 1999 Act, forgery in the first degree under ORS 165.013, criminal possession of a forged instrument in the first degree under ORS 165.022, fraudulent use of a credit card under ORS 165.055 (4)(b) or computer crime under ORS 164.377; or

(B) Four previous convictions for any combination of forgery in the second degree under ORS 165.007, criminal possession of a forged instrument in the second degree under ORS 165.017 or fraudulent use of a credit card under ORS 165.055 (4)(a).

(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.

(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 3. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Corrections, for the biennium beginning July 1, 1999, out of the General Fund, the amount of $94,694, which may be expended only for carrying out the purposes of section 1 of this 1999 Act and the amendments to ORS 137.717 by section 2 of this 1999 Act.

SECTION 4. If House Bill 2479 becomes law, section 3, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479) (amending ORS 137.717), is repealed and ORS 137.717, as amended by section 2 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 [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:

(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:

(B) Four previous convictions for any combination of the crimes listed in subsection (2) of this section.

(d) Identity theft under section 1 of this 1999 Act, 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:

(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 5. The amendments to ORS 137.717 by section 4 of this 1999 Act become operative on January 1, 2000.

SECTION 6. If House Bill 2479 becomes law, section 4, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479), is amended to read:

Sec. 4. Section 1, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479), [of this 1999 Act and the amendments to ORS 137.717 by section 3 of this 1999 Act become] becomes operative on January 1, 2000.

SECTION 7. If House Bill 2479 becomes law, section 5, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479) (amending ORS 137.717), is repealed and ORS 137.717, as amended by sections 2 and 4 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.

(d) Identity theft under section 1 of this 1999 Act, 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:

(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 8. The amendments to ORS 137.717 by section 7 of this 1999 Act become operative on July 1, 2001.

SECTION 9. If House Bill 2479 becomes law, section 6, chapter 966, Oregon Laws 1999 (Enrolled House Bill 2479), is repealed.

Approved by the Governor August 20, 1999

Filed in the office of the Secretary of State August 23, 1999

Effective date October 23, 1999

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