(at the request of House Interim Committee on Judiciary for Representative Jason Kropf for Oregon District Attorneys Association, Oregon Criminal Defense Lawyers Association)
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Bill Title:
Relating to public safety; declaring an emergency.
Catchline/Summary:
Reduces penalties for driving while suspended if the suspension is due to a conviction for criminal mischief resulting from the operation of a motor vehicle or reckless driving.Digest: The Act changes laws about crime and sentencing. The Act takes effect when the Governor signs it. (Flesch Readability Score: 78.7).
[Digest: The Act tells DOJ to do two studies and adds a way of committing the crime of criminal mistreatment in the first degree. The Act changes what is recorded at GJ, when a person can enter a conditional plea and how a misdemeanor is reduced to a violation. The Act also raises the dollar amounts in the elements of some crimes. (Flesch Readability Score: 61.3).]
[Directs the Department of Justice to study whether legislative changes are needed concerning credit for time served and post-conviction relief petitions based on nonunanimous jury verdicts. Directs the department to submit findings to the interim committees of the Legislative Assembly related to the judiciary no later than September 15, 2027. Sunsets on January 2, 2028.]
[Provides that a person commits the crime of criminal mistreatment in the first degree if the person exposes another person to an unlawful controlled substance in a specified manner. Punishes by a maximum of five years' imprisonment, $125,000 fine, or both.]
[Requires the recording of a presentation of facts to the court by a grand jury for the purpose of receiving further instruction.]
[Removes the requirement that the state consent to the entry of a conditional plea of guilty or no contest.]
[Authorizes the court to enter a judgment of conviction for a Class A violation instead of a misdemeanor in specified circumstances.]
Reduces penalties for driving while suspended if the suspension is due to a conviction for criminal mischief resulting from the operation of a motor vehicle or reckless driving. Punishes by a maximum of $2,000 fine.
Increases the crime category, for the sentencing guidelines grid of the Oregon Criminal Justice Commission, for felony fleeing or attempting to elude a police officer when the defendant has a prior conviction or causes injury.
Establishes a final time period for any person to file a petition for post-conviction relief based on a nonunanimous jury verdict.
Creates a procedure by which the Department of Corrections or the state can petition the sentencing court, after determining that a person was released from department custody as the result of a material error in sentence computation or legal interpretation, for a determination as to whether the person is subject to further incarceration. Provides for a process for requesting and ordering that the person be held or taken into custody pending the hearing.
Requires the Department of Corrections to provide notice to specified persons after performing certain sentence recomputations that result in a new projected release date. Limits how presentence incarceration credit may be applied in specified circumstances.
Authorizes the Department of Corrections to grant an additional 120 days of short-term transitional leave to certain persons released from custody due to a material error in sentence computation or legal interpretation concerning presentence incarceration credits.
Increases the dollar amounts in specified property crimes that serve as a minimum value amount of damages or stolen property or as a threshold between offense levels of the crime.
Declares an emergency, effective on passage.
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HB 4041 Senate Committee On Judiciary
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