Chapter 784 Oregon Laws 2001

 

AN ACT

 

SB 293

 

Relating to sentencing; creating new provisions; and amending ORS 137.717.

 

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

 

          SECTION 1. ORS 137.717, as amended by section 7, chapter 1022, Oregon Laws 1999, is amended to read:

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

          (a) Aggravated theft in the first degree under ORS 164.057 or 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 aggravated theft in the first degree under ORS 164.057, 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) Theft in the first degree under ORS 164.055, unauthorized use of a vehicle under ORS 164.135, burglary in the second degree under ORS 164.215, criminal mischief in the first degree under ORS 164.365, computer crime under ORS 164.377, forgery in the first degree under ORS 165.013, identity theft under ORS 165.800,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:

          (A) A previous conviction for [either] aggravated theft in the first degree under ORS 164.057, 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 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:]

          [(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 ORS 165.800, 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:]

          [(A) A previous conviction for identity theft under ORS 165.800, 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;

          (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 second degree under ORS 164.354;

          [(g)] (h) Criminal mischief in the first degree under ORS 164.365;

          (i) Computer crime under ORS 164.377;

          (j) Forgery in the second degree under ORS 165.007;

          (k) Forgery in the first degree under ORS 165.013;

          (L) Criminal possession of a forged instrument in the second degree under ORS 165.017;

          (m) Criminal possession of a forged instrument in the first degree under ORS 165.022;

          (n) Fraudulent use of a credit card under ORS 165.055;

          (o) Identity theft under ORS 165.800;

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

          [(i)] (q) 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] 2003; 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.

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

 

          SECTION 2. The amendments to ORS 137.717 by section 1 of this 2001 Act become operative on July 1, 2003.

 

Approved by the Governor July 18, 2001

 

Filed in the office of Secretary of State July 18, 2001

 

Effective date January 1, 2002

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