Bill Text: OR HB2424 | 2011 | Regular Session | Introduced
Bill Title: Relating to crime; declaring an emergency; providing for criminal sentence reduction that requires approval by a two-thirds majority.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2424 Detail]
Download: Oregon-2011-HB2424-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular 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 1300
House Bill 2424
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Rules)
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 as
introduced.
Repeals provisions of Ballot Measure 73 (2010). Reenacts
substantive provisions for crimes committed on or after January
1, 2013.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 813.010;
repealing sections 1, 2 and 3, chapter 1, Oregon Laws 2011;
declaring an emergency; and providing for criminal sentence
reduction that requires approval by a two-thirds majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) When a person is convicted of a major
felony sex crime, the person shall be imprisoned for a mandatory
minimum term of 25 years if the person has a previous conviction
for a major felony sex crime.
(2) As used in this section:
(a) 'Major felony sex crime' means:
(A) Rape in the first degree as defined in ORS 163.375;
(B) Sodomy in the first degree as defined in ORS 163.405;
(C) Unlawful sexual penetration in the first degree under ORS
163.411; or
(D) Using a child in a display of sexually explicit conduct
under ORS 163.670.
(b) 'Previous conviction' includes:
(A) A conviction for the statutory counterpart of a major
felony sex crime in any jurisdiction; and
(B) A conviction that was entered prior to imposing sentence on
the current crime provided that the prior conviction is based on
a crime committed in a separate criminal episode. + }
SECTION 2. ORS 813.010 is amended to read:
813.010. (1) A person commits the offense of driving while
under the influence of intoxicants if the person drives a vehicle
while the person:
(a) Has 0.08 percent or more by weight of alcohol in the blood
of the person as shown by chemical analysis of the breath or
blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, a controlled
substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating
liquor, an inhalant and a controlled substance.
(2) A person may not be convicted of driving while under the
influence of intoxicants on the basis of being under the
influence of a controlled substance or an inhalant unless the
fact that the person was under the influence of a controlled
substance or an inhalant is pleaded in the accusatory instrument
and is either proved at trial or is admitted by the person
through a guilty plea.
(3) A person convicted of the offense described in this section
is subject to ORS 813.020 in addition to this section.
(4) Except as provided in subsection (5) of this section, the
offense described in this section, driving while under the
influence of intoxicants, is a Class A misdemeanor and is
applicable upon any premises open to the public.
(5)(a) Driving while under the influence of intoxicants is a
Class C felony if { - the current offense was committed in a
motor vehicle and - } the person has, at least { - three - }
{ + two + } times in the 10 years prior to the date of the
current offense, been convicted of, or been found to be within
the jurisdiction of the juvenile court for an act that if
committed by an adult would be, any of the following offenses in
any combination:
(A) Driving while under the influence of intoxicants in
violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another
jurisdiction.
(B) A driving under the influence of intoxicants offense in
another jurisdiction that involved the impaired driving or
operation of a vehicle, an aircraft or a boat due to the use of
intoxicating liquor, a controlled substance, an inhalant or any
combination thereof.
(C) A driving offense in another jurisdiction that involved
operating a vehicle, an aircraft or a boat while having a blood
alcohol content above that jurisdiction's permissible blood
alcohol content.
{ + (b) Notwithstanding paragraph (a) of this subsection,
driving while under the influence of intoxicants is a Class C
felony if the offense is committed by a person who has previously
been sentenced for a felony under this section. + }
{ - (b) - } { + (c) + } For the purposes of paragraph (a)
of this subsection, a conviction or adjudication for a driving
offense in another jurisdiction based solely on a person under 21
years of age having a blood alcohol content that is lower than
the permissible blood alcohol content in that jurisdiction for a
person 21 years of age or older does not constitute a prior
conviction or adjudication.
(6) In addition to any other sentence that may be imposed, the
court shall impose { + :
(a) A mandatory minimum term of incarceration of 90 days,
without reduction for any reason, for a felony conviction under
this section; and
(b) + } One or more of the following fines on a person
convicted of driving while under the influence of intoxicants as
follows:
{ - (a) - } { + (A) + } For a person's first conviction, a
minimum of $1,000.
{ - (b) - } { + (B) + } For a person's second conviction, a
minimum of $1,500.
{ - (c) - } { + (C) + } For a person's third or subsequent
conviction, a minimum of $2,000 if the person is not sentenced to
a term of imprisonment.
{ - (d) - } { + (D) + } For a person who drives a vehicle
while the person has 0.15 percent or more by weight of alcohol in
the blood of the person as shown by chemical analysis of the
breath or blood of the person made under ORS 813.100, 813.140 or
813.150, a minimum of $2,000.
(7) Notwithstanding ORS 161.635, $10,000 is the maximum fine
that a court may impose on a person convicted of driving while
under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18
years of age and was at least three years younger than the person
driving the motor vehicle.
SECTION 3. { + When a person is convicted of felony driving
while under the influence of intoxicants under ORS 813.010 (5),
the state shall fully reimburse the county for the county's costs
of incarcerating the person, including the costs of pretrial
incarceration. + }
SECTION 4. { + (1) Sections 1 and 3 of this 2011 Act and the
amendments to ORS 813.010 by section 2 of this 2011 Act become
operative on January 1, 2013.
(2) Except as otherwise provided in section 5 of this 2011 Act,
section 1 of this 2011 Act and the amendments to ORS 813.010 by
section 2 of this 2011 Act apply to:
(a) Crimes committed on or after January 1, 2013; and
(b) Previous convictions entered before, on or after January 1,
2013.
(3) Section 3 of this 2011 Act applies to convictions for
crimes committed on or after January 1, 2013. + }
SECTION 5. { + ORS 813.010 (5)(b), as enacted by section 2 of
this 2011 Act, applies to persons who have previously been
sentenced for a felony under ORS 813.010 only if the previous
sentencing was for a crime committed:
(1) On or after December 2, 2010, and before the effective date
of this 2011 Act; or
(2) On or after January 1, 2013. + }
SECTION 6. { + Sections 1, 2 and 3, chapter 1, Oregon Laws
2011, are repealed. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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