Bill Text: OR SB1527 | 2012 | Regular Session | Engrossed

Oregon Senate Bill 1527 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to crime; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-03-27 - Effective date, March 27, 2012. [SB1527 Detail]

Download: Oregon-2012-SB1527-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to A-Eng. SB 1527

LC 51/SB 1527-A6

                       HOUSE AMENDMENTS TO
                  A-ENGROSSED SENATE BILL 1527

                    By COMMITTEE ON JUDICIARY

                           February 23

  On page 1 of the printed A-engrossed bill, line 2, delete '
amending ORS' and insert 'creating new provisions; amending ORS
161.566, 161.568 and'.
  On page 2, delete lines 4 through 6 and insert:
  '  { +  SECTION 2. + } ORS 161.566 is amended to read:
  ' 161.566. (1) Except as provided in subsection (4) of this
section, a prosecuting attorney may elect to treat any
misdemeanor as a Class A violation. The election must be made by
the prosecuting attorney orally at the time of the first
appearance of the defendant or in writing filed on or before the
time scheduled for the first appearance of the defendant. If no
election is made within the time allowed, the case shall proceed
as a misdemeanor.
  ' (2) If a prosecuting attorney elects to treat a misdemeanor
as a Class A violation under this section, the court shall amend
the accusatory instrument to reflect the charged offense as a
Class A violation and clearly denominate the offense as a Class A
violation in any judgment entered in the matter. Notwithstanding
ORS   { - 153.018 - }  { +  153.021 + }, the fine that a court
may impose upon conviction of a violation under this section may
not:
  ' (a) Be less than the presumptive fine established by ORS
153.019 for a Class A violation; or
  ' (b) Exceed the   { - amount provided in ORS 161.635 for the
class of misdemeanor receiving violation treatment - }  { +
maximum fine established by ORS 153.018 for a Class A
violation + }.
  ' (3) If a prosecuting attorney elects to treat a misdemeanor
as a Class A violation under this section, and the defendant
fails to make any required appearance in the matter, the court
may enter a default judgment against the defendant in the manner
provided by ORS 153.102. Notwithstanding ORS   { - 153.018 - }
 { +  153.021 + }, the fine that the court may impose under a
default judgment entered pursuant to ORS 153.102 may not:
  ' (a) Be less than the presumptive fine established by ORS
153.019 for a Class A violation; or
  ' (b) Exceed the maximum fine   { - for the class of
misdemeanor receiving violation treatment - }  { +  established
by ORS 153.018 for a Class A violation + }.
  ' (4) A prosecuting attorney may not elect to treat
misdemeanors created under ORS 811.540 or 813.010 as violations
under the provisions of this section.
  ' (5) The election provided for in this section may be made by
a city attorney acting as prosecuting attorney in the case of
municipal ordinance offenses, a county counsel acting as
prosecuting attorney under a county charter in the case of county
ordinance offenses, and the Attorney General acting as
prosecuting attorney in those criminal actions or proceedings
within the jurisdiction of the Attorney General.
  '  { +  SECTION 3. + } ORS 161.568 is amended to read:
  ' 161.568. (1) Except as provided in subsection (4) of this
section, a court may elect to treat any misdemeanor as a Class A
violation for the purpose of entering a default judgment under
ORS 153.102 if:
  ' (a) A complaint or information has been filed with the court
for the misdemeanor;
  ' (b) The defendant has failed to make an appearance in the
proceedings required by the court or by law; and
  ' (c) The court has given notice to the district attorney for
the county and the district attorney has informed the court that
the district attorney does not object to treating the misdemeanor
as a Class A violation.
  ' (2) If the court treats a misdemeanor as a Class A violation
under this section, the court shall amend the accusatory
instrument to reflect the charged offense as a Class A violation
and clearly denominate the offense as a Class A violation in the
judgment entered in the matter.
  ' (3) Notwithstanding ORS   { - 153.018 - }  { +  153.021 + },
if the court treats a misdemeanor as a Class A violation under
this section, the fine that the court may impose under a default
judgment entered pursuant to ORS 153.102 may not:
  ' (a) Be less than the presumptive fine established by ORS
153.019 for a Class A violation; or
  ' (b) Exceed the maximum fine   { - for the class of
misdemeanor receiving violation treatment - }  { +  established
by ORS 153.018 for a Class A violation + }.
  ' (4) A court may not treat misdemeanors created under ORS
811.540 or 813.010 as violations under the provisions of this
section.
  '  { +  SECTION 4. + }  { + The amendments to ORS 161.566 and
161.568 by sections 2 and 3 of this 2012 Act apply to elections
made on or after the effective date of this 2012 Act. + }
  '  { +  SECTION 5. + }  { + This 2012 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2012 Act
takes effect on its passage. + } ' .
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