OR SB1008 | 2019 | Regular Session

Status

Completed Legislative Action
Sponsorship: Committee Bill
Status: Passed on August 8 2019 - 100% progression
Action: 2019-08-08 - Effective date, September 29, 2019.
Text: Latest bill text (Enrolled) [PDF]

Summary

Requires court to include in judgment document age of defendant at time of committing offense if defendant is sentenced to term of incarceration and physical custody of defendant is related to age of defendant at time of committing offense. Directs Department of Corrections to transfer person sentenced to term of incarceration for offense committed when person was under 18 years of age to physical custody of Oregon Youth Authority even if criminal proceedings were initiated after person attained 18 years of age. Eliminates mandatory adult prosecution for certain offenses committed when person charged is 15, 16 or 17 years of age at time of offense. Requires juvenile court, upon filing by state of motion requesting waiver hearing, to hold hearing to determine whether person should be prosecuted as adult. Authorizes juvenile offender charged with offense subject to mandatory minimum sentence, who receives mandatory minimum sentence or other sentence of imprisonment, to be eligible for conditional release hearing after serving at least one-half of sentence imposed. Provides that person in custody of Oregon Youth Authority for offense committed while person was under 18 years of age, for which person was sentenced to term of imprisonment with projected release date that falls after person attains 25 years of age but before person attains 27 years of age, is eligible for conditional release hearing. Prohibits person who was under 18 years of age at time of committing offense from being sentenced to life imprisonment without possibility of release or parole. Requires court to consider certain factors when sentencing person who was under 18 years of age at time of committing offense. Prohibits court from considering age as aggravating factor. Directs court to include in judgment document fact that person is eligible for hearing and release after serving 15 years of sentence of imprisonment. Establishes process for hearing with State Board of Parole and Post-Prison Supervision for persons who were under 18 years of age at time of committing offense and who have served 15 years of sentence of imprisonment. Authorizes release of person on parole or post-prison supervision if certain findings are made. Directs Department of Justice to adopt model policies for providing victim notification concerning conditional release and waiver hearings. Directs district attorney victim assistance programs to provide notice to victims in accordance with model policies. Takes effect on 91st day following adjournment sine die.

Tracking Information

Register now for our free OneVote public service or GAITS Pro trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Relating to juvenile offender sentencing; prescribing an effective date; and providing for criminal sentence reduction that requires approval by a two-thirds majority.

Sponsors


Roll Calls

2019-05-23 - House - House Third Reading (Y: 40 N: 18 NV: 0 Abs: 2) [PASS]
2019-05-23 - House - House Motion to substitute Minority Report (Y: 23 N: 35 NV: 0 Abs: 2) [FAIL]
2019-05-23 - House - House Motion to substitute Minority Report (Y: 22 N: 36 NV: 0 Abs: 2) [FAIL]
2019-05-21 - House - House Committee Do Pass the A-Eng bill (Y: 6 N: 5 NV: 0 Abs: 0) [PASS]
2019-04-16 - Senate - Senate Third Reading (Y: 20 N: 10 NV: 0 Abs: 0) [PASS]
2019-04-08 - Senate - Senate Committee Do pass with amendments. (Printed A-Eng.) (Y: 4 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-08-08SenateEffective date, September 29, 2019.
2019-08-08SenateChapter 634, 2019 Laws.
2019-07-22SenateGovernor signed.
2019-06-30HouseSpeaker signed.
2019-05-29SenatePresident signed.
2019-05-23HouseVote explanation(s) filed by Mitchell, Neron, Noble, Smith DB.
2019-05-23HouseRules suspended. Third reading. Carried by Williamson. Passed. Ayes, 40; Nays, 18--Barreto, Boles, Bonham, Boshart Davis, Hayden, Helt, Leif, Lewis, McLane, Nearman, Noble, Post, Sprenger, Stark, Wallan, Wilson, Witt, Zika; Excused, 2--Barker, Drazan.
2019-05-23HouseRules suspended. Motion to substitute Minority Report 2 for Committee Report failed. Ayes, 23; Nays, 35--Alonso Leon, Bynum, Clem, Doherty, Evans, Fahey, Gomberg, Gorsek, Greenlick, Helm, Hernandez, Holvey, Keny-Guyer, Lively, Marsh, McLain, Meek, Mitchell, Nathanson, Neron, Nosse, Piluso, Power, Prusak, Rayfield, Reardon, Salinas, Sanchez, Schouten, Smith Warner, Sollman, Speaker Kotek, Wilde, Williams, Williamson; Excused, 2--Barker, Drazan.
2019-05-23HouseRules suspended. Motion to substitute Minority Report 1 for Committee Report failed. Ayes, 22; Nays, 36--Alonso Leon, Bynum, Clem, Doherty, Evans, Fahey, Gomberg, Gorsek, Greenlick, Helm, Hernandez, Holvey, Keny-Guyer, Lively, Marsh, McKeown, McLain, Meek, Mitchell, Nathanson, Neron, Nosse, Piluso, Power, Prusak, Rayfield, Reardon, Salinas, Sanchez, Schouten, Smith Warner, Sollman, Speaker Kotek, Wilde, Williams, Williamson; Excused, 2--Barker, Drazan.
2019-05-23HouseSecond reading.
2019-05-23HouseMinority Recommendation: Do pass with amendments to the A-Eng bill and be printed B-Engrossed.
2019-05-23HouseMinority Recommendation: Do pass with amendments to the A-Eng bill and be printed B-Engrossed.
2019-05-23HouseRecommendation: Do pass the A-Eng bill.
2019-05-21HouseWork Session held.
2019-04-25HouseWork Session cancelled.
2019-04-24HousePublic Hearing held.
2019-04-17HouseReferred to Judiciary.
2019-04-17HouseFirst reading. Referred to Speaker's desk.
2019-04-16SenateVote explanation filed by Boquist.
2019-04-16SenateThird reading. Carried by Winters, Prozanski. Passed. Ayes, 20; Nays, 10--Baertschiger Jr, Bentz, Boquist, Girod, Hansell, Johnson, Knopp, Olsen, Thatcher, Thomsen.
2019-04-15SenateSecond reading.
2019-04-12SenateRecommendation: Do pass with amendments. (Printed A-Eng.)
2019-04-08SenateWork Session held.
2019-03-28SenatePublic Hearing held.
2019-03-06SenateReferred to Judiciary.
2019-03-04SenateIntroduction and first reading. Referred to President's desk.

Oregon State Sources

TypeSource
Summaryhttps://olis.oregonlegislature.gov/liz/2019R1/Measures/Overview/SB1008
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument/SB1008/Introduced
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument/SB1008/Senate%20Amendments%20to%20Introduced
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument/SB1008/A-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument?measureNumberWithPrefix=SB1008&measureVersion=House%20Minority%20%231%20Amendments%20to%20A-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument?measureNumberWithPrefix=SB1008&measureVersion=House%20Minority%20%232%20Amendments%20to%20A-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument?measureNumberWithPrefix=SB1008&measureVersion=Minority%20Report%20%231%20B-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument?measureNumberWithPrefix=SB1008&measureVersion=Minority%20Report%20%232%20B-Engrossed
Texthttps://olis.oregonlegislature.gov/liz/2019R1/Downloads/MeasureDocument/SB1008/Enrolled
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/CommitteeReports/MajorityReport/28740
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/Measures/MeasureVotes?id=459823
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/CommitteeReports/MajorityReport/29604
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/Measures/MeasureVotes?id=469212
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/Measures/MeasureVotes?id=469213
Roll Callhttps://olis.oregonlegislature.gov/liz/2019R1/Measures/MeasureVotes?id=469214

feedback