Oregon Senate Bill 397 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: Passed on August 18 2021 - 100% progression
Action: 2021-08-18 - Effective date, January 1, 2022.
Text: Latest bill text (Enrolled) [PDF]

Modifies procedures for motions to set aside conviction, arrest, citation, charge, finding of contempt of court or judgment of guilty except for insanity. Modifies procedure for filing motion] procedures for motions to set aside conviction, arrest, citation, or] charge, finding of contempt of court or judgment of guilty except for insanity. Eliminates fees, fingerprinting and background check] filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police. Reduces waiting period for filing motion if person was revoked from probation , is seeking to set aside Class B felony or was convicted of other offense] or state elects not to proceed with prosecution. Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion. Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.

Relating to expungement.

Sen. Floyd Prozanski [D]	Sen. Charles Riley [D]	Sen. Janeen Sollman [D]	Rep. Duane Stark [R]
Sen. Michael Dembrow [D]	Sen. Lew Frederick [D]	Sen. Chris Gorsek [D]	Sen. Bill Kennemer [R]
Sen. Katherine Lieber [D]	Rep. Maxine Dexter [D]	Rep. Zach Hudson [D]	Rep. Lily Morgan [R]
Rep. Marshall Wilde [D]

2021-06-22 - House - House Third Reading (Y: 57 N: 1 NV: 0 Abs: 1) [PASS]
2021-06-16 - Senate - Senate Third Reading (Y: 24 N: 5 NV: 0 Abs: 1) [PASS]
2021-06-11 - Senate - Senate Committee Do pass the A-Eng bill (Y: 22 N: 1 NV: 0 Abs: 0) [PASS]
2021-04-13 - Senate - Senate Committee Do pass with amendments and requesting referral to Ways and Means. (Printed A-Engrossed.) (Y: 4 N: 2 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2021-08-18	Senate	Effective date, January 1, 2022.
2021-08-18	Senate	Chapter 486, 2021 Laws.
2021-07-14	Senate	Governor signed.
2021-06-25	House	Speaker signed.
2021-06-25	Senate	President signed.
2021-06-22	House	Third reading. Carried by Stark. Passed. Ayes, 57; Nays, 1--Hayden; Excused, 1--Smith G.
2021-06-21	House	Second reading.
2021-06-18	House	Recommendation: Do pass.
2021-06-16	House	Referred to Ways and Means.
2021-06-16	House	First reading. Referred to Speaker's desk.
2021-06-16	Senate	Vote explanation(s) filed by Boquist, Heard.
2021-06-16	Senate	Third reading. Carried by Prozanski. Passed. Ayes, 24; Nays, 5--Boquist, Girod, Heard, Robinson, Thatcher; Excused, 1--Manning Jr.
2021-06-15	Senate	Second reading.
2021-06-15	Senate	Recommendation: Do pass the A-Eng. bill.
2021-06-11	Senate	Work Session held.
2021-06-09	Senate	Returned to Full Committee.
2021-06-09	Senate	Work Session held.
2021-06-05	Senate	Assigned to Subcommittee On Public Safety.
2021-04-23	Senate	Referred to Ways and Means by order of the President.
2021-04-23	Senate	Recommendation: Do pass with amendments and be referred to Ways and Means. (Printed A-Eng.)
2021-04-13	Senate	Work Session held.
2021-03-01	Senate	Public Hearing held.
2021-02-23	Senate	Public Hearing held.
2021-01-19	Senate	Referred to Judiciary and Ballot Measure 110 Implementation.
2021-01-11	Senate	Introduction and first reading. Referred to President's desk.

Type	Source
Summary	https://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/SB397
Text	https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB397/Introduced
Text	https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB397/Senate%20Amendments%20to%20Introduced
Text	https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB397/A-Engrossed
Text	https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB397/Enrolled
Roll Call	https://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/32014
Roll Call	https://olis.oregonlegislature.gov/liz/2021R1/CommitteeReports/MajorityReport/32914
Roll Call	https://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=531185
Roll Call	https://olis.oregonlegislature.gov/liz/2021R1/Measures/MeasureVotes?id=532784