80th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 3268

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1 0th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session House Bill Sponsored by Representative GREENLICK; Representatives BYNUM, GORSEK, KENY-GUYER, LIVELY, NOBLE, PILUSO, SALINAS, Senators DEMBROW, MONNES ANDERSON, STEINER HAYWARD 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. Redefines crime of aggravated murder. Reclassifies current manners of committing aggravated murder as murder in the first degree. Renames crime of murder to murder in the second degree. Specifies penalties. Specifies procedures for persons already sentenced to death to be resentenced to life imprisonment without possibility of parole. Takes effect on st day following adjournment sine die. 0 0 A BILL FOR AN ACT Relating to murder; creating new provisions; amending ORS 0.,.0,.0,.,.00,.0,.0,.0,.0,.00,.,.0,.0,.0,.,.,.0,., A.0, C., C., C.0,.,.00 and.0; and prescribing an effective date. Be It Enacted by the People of the State of Oregon: SECTION. ORS.0 is amended to read:.0. As used in ORS.0 and this section, aggravated murder means [murder as defined in ORS. which] criminal homicide of two or more persons that is premeditated and committed intentionally [under, or accompanied by, any of the following circumstances] and with the intent to: () Intimidate, injure or coerce a civilian population; () Influence the policy of a government by intimidation or coercion; or () Affect the conduct of a government through destruction of property, murder, kidnapping or aircraft piracy. [()(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.] [(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.] [(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS. or manslaughter in the first degree as defined in ORS..] [(d) There was more than one murder victim in the same criminal episode as defined in ORS.0.] [(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.] [(f) The victim of the intentional homicide was a person under the age of years.] [()(a) The victim was one of the following and the murder was related to the performance of the NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC

2 HB victim s official duties in the justice system:] [(A) A police officer as defined in ORS A.;] [(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;] [(C) A member of the Oregon State Police;] [(D) A judicial officer as defined in ORS.0;] [(E) A juror or witness in a criminal proceeding;] [(F) An employee or officer of a court of justice;] [(G) A member of the State Board of Parole and Post-Prison Supervision; or] [(H) A regulatory specialist.] [(b) The defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred.] [(c) The defendant committed murder by means of an explosive as defined in ORS.0.] [(d) Notwithstanding ORS. ()(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS. ()(b).] [(e) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.] [(f) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility.] SECTION. Section of this 0 Act is added to and made a part of ORS.0 to.. SECTION. () Murder in the first degree means murder in the second degree as defined in ORS. which is committed under, or accompanied by, any of the following circumstances: (a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder. (b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder. (c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder as defined in ORS.0, murder in the first degree under this section, murder in the second degree as defined in ORS. or manslaughter in the first degree as defined in ORS.. (d) There was more than one murder victim in the same criminal episode as defined in ORS.0. (e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim. (f) The victim of the intentional homicide was a person under the age of years. (g) The victim was one of the following and the murder was related to the performance of the victim s official duties in the justice system: (A) A police officer as defined in ORS A.; (B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons; (C) A member of the Oregon State Police; []

3 HB (D) A judicial officer as defined in ORS.0; (E) A juror or witness in a criminal proceeding; (F) An employee or officer of a court of justice; (G) A member of the State Board of Parole and Post-Prison Supervision; or (H) A regulatory specialist. (h) The defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred. (i) The defendant committed murder by means of an explosive as defined in ORS.0. (j) Notwithstanding ORS. ()(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS. ()(b). (k) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime. (L) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility. ()(a) Except as otherwise provided in ORS. and paragraph (b) of this subsection, the court shall sentence a person convicted of murder in the first degree, who was at least years of age at the time of committing the murder, to life imprisonment. The court shall order that the defendant be confined for a minimum of 0 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp. (b) The court may sentence the person to life imprisonment without the possibility of parole if the person was at least years of age at the time of committing the murder. The court shall state on the record the reasons for imposing the sentence. A person sentenced to life imprisonment without the possibility of release or parole under this paragraph shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program. ()(a) For a person sentenced to life imprisonment, at any time after completion of the minimum period of confinement described in subsection ()(a) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing the prisoner has: (A) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; (B) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and (C) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board. (b) If, upon hearing all of the evidence, the board, upon a unanimous vote of three board []

4 HB members or, if the chairperson requires all voting members to participate, a unanimous vote of all voting members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition. (c) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS.. (d) The board s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board s order. SECTION. ORS. is amended to read:.. () Except as provided in ORS.0,. and., criminal homicide constitutes murder in the second degree: (a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance; (b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants: (A) Arson in the first degree as defined in ORS.; (B) Criminal mischief in the first degree by means of an explosive as defined in ORS.; (C) Burglary in the first degree as defined in ORS.; (D) Escape in the first degree as defined in ORS.; (E) Kidnapping in the second degree as defined in ORS.; (F) Kidnapping in the first degree as defined in ORS.; (G) Robbery in the first degree as defined in ORS.; (H) Any felony sexual offense in the first degree defined in this chapter; (I) Compelling prostitution as defined in ORS.0; or (J) Assault in the first ORS., and the victim is under years of age, or assault in the second ORS. ()(a) or (b), and the victim is under years of age; or (c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under years of age or a dependent person, as defined in ORS.0, and: (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under years of age or a dependent person; or (B) The person causes the death by neglect or maltreatment. () An accusatory instrument alleging murder by abuse under subsection ()(c) of this section need not allege specific incidents of assault or torture. () It is an affirmative defense to a charge of violating subsection ()(b) of this section that the []

5 HB defendant: (a) Was not the only participant in the underlying crime; (b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof; (c) Was not armed with a dangerous or deadly weapon; (d) Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and (e) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death. () It is an affirmative defense to a charge of violating subsection ()(c)(b) of this section that the victim was a dependent person who was at least years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person. () Except as otherwise provided in ORS.: (a) A person convicted of murder in the second degree, who was at least years of age at the time of committing the murder, shall be punished by imprisonment for life. (b) When a defendant is convicted of murder in the second degree under this section, the court shall order that the defendant shall be confined for a minimum of years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp. (c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing the prisoner has: (A) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; (B) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and (C) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board. (d) If, upon hearing all of the evidence, the board, upon a unanimous vote of three board members or, if the chairperson requires all voting members to participate, a unanimous vote of all voting members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner s confinement should be changed to life imprisonment with the possibility of parole, release to postprison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition. (e) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS.. (f) The board s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings []

6 HB as to each contested issue of fact and as to each ultimate fact required to support the board s order. () As used in this section: (a) Assault means the intentional, knowing or reckless causation of physical injury to another person. Assault does not include the causation of physical injury in a motor vehicle accident that occurs by reason of the reckless conduct of a defendant. (b) Neglect or maltreatment means a violation of ORS.,. or. or a failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child under years of age or a dependent person. This paragraph is not intended to replace or affect the duty or standard of care required under ORS chapter. (c) Pattern or practice means one or more previous episodes. (d) Torture means the intentional infliction of intense physical pain upon an unwilling victim as a separate objective apart from any other purpose. SECTION. ORS 0. is amended to read: 0.. () For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record, but only if the crime: (a) Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or (b) Involved false statement or dishonesty. ()(a) If a defendant is charged with one or more of the crimes listed in paragraph (b) of this subsection, and the defendant is a witness, evidence that the defendant has been convicted of committing one or more of the following crimes against a family or household member, as defined in ORS.0, may be elicited from the defendant, or established by public record, and admitted into evidence for the purpose of attacking the credibility of the defendant: (A) Assault in the fourth degree under ORS.0. (B) Menacing under ORS.0. (C) Harassment under ORS.0. (D) Attempted assault in the fourth degree under ORS.0 (). (E) Attempted assault in the fourth degree under ORS.0 (). (F) Strangulation under ORS.. (G) The statutory counterpart in another jurisdiction to a crime listed in this paragraph. (b) Evidence may be admitted into evidence for the purpose of attacking the credibility of a defendant under the provisions of this subsection only if the defendant is charged with committing one or more of the following crimes against a family or household member, as defined in ORS.0: (A) Aggravated murder under ORS.0. (B) Murder in the first degree under section of this 0 Act. [(B)] (C) Murder in the second degree under ORS.. [(C)] (D) Manslaughter in the first degree under ORS.. [(D)] (E) Manslaughter in the second degree under ORS.. [(E)] (F) Assault in the first degree under ORS.. [(F)] (G) Assault in the second degree under ORS.. [(G)] (H) Assault in the third degree under ORS.. [(H)] (I) Assault in the fourth degree under ORS.0. [(I)] (J) Rape in the first degree under ORS. ()(a). []

7 HB [(J)] (K) Sodomy in the first degree under ORS.0 ()(a). [(K)] (L) Unlawful sexual penetration in the first degree under ORS. ()(a). [(L)] (M) Sexual abuse in the first degree under ORS. ()(a)(b). [(M)] (N) Kidnapping in the first degree under ORS.. [(N)] (O) Kidnapping in the second degree under ORS.. [(O)] (P) Burglary in the first degree under ORS.. [(P)] (Q) Coercion under ORS.. [(Q)] (R) Stalking under ORS.. [(R)] (S) Violating a court s stalking protective order under ORS.0. [(S)] (T) Menacing under ORS.0. [(T)] (U) Harassment under ORS.0. [(U)] (V) Strangulation under ORS.. [(V)] (W) Attempting to commit a crime listed in this paragraph. () Evidence of a conviction under this section is not admissible if: (a) A period of more than years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date; or (b) The conviction has been expunged by pardon, reversed, set aside or otherwise rendered nugatory. () When the credibility of a witness is attacked by evidence that the witness has been convicted of a crime, the witness shall be allowed to explain briefly the circumstances of the crime or former conviction; once the witness explains the circumstances, the opposing side shall have the opportunity to rebut the explanation. () The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible. () An adjudication by a juvenile court that a child is within its jurisdiction is not a conviction of a crime. () A conviction of any of the statutory counterparts of offenses designated as violations as described in ORS.00 may not be used to impeach the character of a witness in any criminal or civil action or proceeding. SECTION. ORS.0 is amended to read:.0. As used in ORS.0 to.: () Biological evidence means an individual s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. Biological evidence includes the contents of a sexual assault forensic evidence kit. () Convicted includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS C.00. () Covered offense means: (a) Aggravated murder under ORS.0; (b) Murder in the first degree under section of this 0 Act; [(b)] (c) Murder in the second degree under ORS.; [(c)] (d) Manslaughter in the first degree under ORS.; [(d)] (e) Manslaughter in the second degree under ORS.; [(e)] (f) Aggravated vehicular homicide under ORS.; [(f)] (g) Rape in the first degree under ORS.; [(g)] (h) Sodomy in the first degree under ORS.0; or []

8 HB [(h)] (i) Unlawful sexual penetration in the first degree under ORS.. () Custodian means a law enforcement agency as defined in ORS.0, or any other person or public body as defined in ORS.0, that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. Custodian does not include a court. () DNA means deoxyribonucleic acid. () DNA profile means the unique identifier of an individual that is derived from DNA. () Sentence means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board. () Supervisory authority has the meaning given that term in ORS.0. () Victim has the meaning given that term in ORS.00. SECTION. ORS.0 is amended to read:.0. [() Except as otherwise provided in subsection () of this section,] The verdict of a trial jury in a criminal action shall be by concurrence of at least 0 of jurors. [() Except when the state requests a unanimous verdict, a verdict of guilty for murder or aggravated murder shall be by concurrence of at least of jurors.] SECTION. ORS. is amended to read:.. () When, in the case of a felony described in subsection () of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection () of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS.0, but, unless it imposes a death penalty under ORS.0, the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS.0 or for any reduction in term of incarceration pursuant to ORS.. () Felonies to which subsection () of this section applies include and are limited to: (a) Murder in any ORS. or section of this 0 Act, and any aggravated form thereof. (b) Manslaughter in the first ORS.. (c) Assault in the first ORS.. (d) Kidnapping in the first ORS.. (e) Rape in the first ORS.. (f) Sodomy in the first ORS.0. (g) Unlawful sexual penetration in the first ORS.. (h) Burglary in the first ORS.. (i) Arson in the first ORS.. (j) Robbery in the first ORS.. () When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section. SECTION. ORS.00 is amended to read: []

9 HB () Notwithstanding ORS.0, when a person is convicted of one of the offenses listed in subsection ()(a) of this section and the offense was committed on or after April,, or of one of the offenses listed in subsection ()(b) of this section and the offense was committed on or after October,, or of the offense described in subsection ()(c) of this section and the offense was committed on or after January, 00, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection () of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS. or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection () of this section. () The offenses to which subsection () of this section applies and the applicable mandatory minimum sentences are: (a)(a) Murder in the second ORS...00 months (B) Murder in the first degree, as defined in section of this 0 Act...0 months [(B)] (C) Attempt or conspiracy to commit aggravated murder, as defined in ORS months [(C)] (D) Attempt or conspiracy to commit murder[, as] [defined in ORS.] in any degree...0 months [(D)] (E) Manslaughter in the first degree, as defined in ORS...0 months [(E)] (F) Manslaughter in the second degree, as defined in ORS... months [(F)] (G) Assault in the first ORS...0 months [(G)] (H) Assault in the second ORS...0 months [(H)] (I) Except as provided in paragraph (b)(g) of this subsection, []

10 HB kidnapping in the first degree, as defined in ORS...0 months [(I)] (J) Kidnapping in the second ORS...0 months [(J)] (K) Rape in the first degree, as defined in ORS. ()(a), (c) or (d)...00 months [(K)] (L) Rape in the second degree, as defined in ORS... months [(L)] (M) Sodomy in the first degree, as defined in ORS.0 ()(a), (c) or (d)...00 months [(M)] (N) Sodomy in the second ORS... months [(N)] (O) Unlawful sexual penetration in the first degree, as defined in ORS. ()(a) or (c)...00 months [(O)] (P) Unlawful sexual penetration in the second degree, as defined in ORS months [(P)] (Q) Sexual abuse in the first ORS... months [(Q)] (R) Robbery in the first degree, as defined in ORS...0 months [(R)] (S) Robbery in the second ORS months (b)(a) Arson in the first degree, as defined in ORS., when the offense represented a threat of serious physical injury....0 months (B) Using a child in a display of sexually explicit conduct, as defined in ORS months (C) Compelling prostitution, as defined in [0]

11 HB ORS months (D) Rape in the first degree, as defined in ORS. ()(b) months (E) Sodomy in the first degree, as defined in ORS.0 ()(b) months (F) Unlawful sexual penetration in the first degree, as defined in ORS. ()(b) months (G) Kidnapping in the first ORS., when the offense is committed in furtherance of the commission or attempted commission of an offense listed in subparagraph (D), (E) or (F) of this paragraph...00 months (c) Aggravated vehicular homicide, as defined in ORS...0 months SECTION 0. ORS.0 is amended to read:.0. ()(a) Notwithstanding any other provision of law, when a person charged with aggravated murder, as defined in ORS.0, or an offense listed in subsection ()(a) of this section is, or years of age at the time the offense is committed, and the offense is committed on or after April,, or when a person charged with an offense listed in subsection ()(b) of this section is, or years of age at the time the offense is committed, and the offense is committed on or after October,, or when a person charged with the offense described in subsection ()(c) of this section is, or years of age at the time the offense is committed and the offense is committed on or after January, 00, the person shall be prosecuted as an adult in criminal court. (b) A district attorney, the Attorney General or a juvenile department counselor may not file in juvenile court a petition alleging that a person has committed an act that, if committed by an adult, would constitute aggravated murder or an offense listed in subsection () of this section if the person was, or years of age at the time the act was committed. () When a person charged under this section is convicted of an offense listed in subsection () of this section, the court shall impose at least the presumptive term of imprisonment provided for the offense in subsection () of this section. The court may impose a greater presumptive term if otherwise permitted by law, but may not impose a lesser term. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason under ORS. or any other provision of law. ORS.0,.0 and []

12 HB apply to sentencing a person prosecuted under this section and convicted of aggravated murder under ORS.0 except that a person who was under years of age at the time the offense was committed is not subject to a sentence of death. () The court shall commit the person to the legal and physical custody of the Department of Corrections. () The offenses to which this section applies and the presumptive sentences are: (a)(a) Murder in the second ORS...00 months (B) Murder in the first degree, as defined in section of this 0 Act...0 months [(B)] (C) Attempt or conspiracy to commit aggravated murder, as defined in ORS months [(C)] (D) Attempt or conspiracy to commit murder[, as] [defined in ORS.] in any degree...0 months [(D)] (E) Manslaughter in the first degree, as defined in ORS...0 months [(E)] (F) Manslaughter in the second degree, as defined in ORS... months [(F)] (G) Assault in the first degree, as defined in ORS...0 months [(G)] (H) Assault in the second degree, as defined in ORS...0 months [(H)] (I) Kidnapping in the first ORS...0 months [(I)] (J) Kidnapping in the second ORS...0 months [(J)] (K) Rape in the first degree, as defined in ORS...00 months [(K)] (L) Rape in the second []

13 HB ORS... months [(L)] (M) Sodomy in the first ORS months [(M)] (N) Sodomy in the second ORS... months [(N)] (O) Unlawful sexual penetration in the first degree, as defined in ORS...00 months [(O)] (P) Unlawful sexual penetration in the second degree, as defined in ORS months [(P)] (Q) Sexual abuse in the first ORS... months [(Q)] (R) Robbery in the first ORS...0 months [(R)] (S) Robbery in the second ORS months (b)(a) Arson in the first degree, as defined in ORS., when the offense represented a threat of serious physical injury....0 months (B) Using a child in a display of sexually explicit conduct, as defined in ORS months (C) Compelling prostitution, as defined in ORS.0 ()(a), (b) or (d)....0 months (c) Aggravated vehicular homicide, as defined in ORS...0 months () If a person charged with an offense under this section is found guilty of a lesser included offense and the lesser included offense is: []

14 HB (a) An offense listed in subsection () of this section, the court shall sentence the person as provided in subsection () of this section. (b) Not an offense listed in subsection () of this section: (A) But constitutes an offense for which waiver is authorized under ORS C., the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS C.. If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall: (i) Order that a presentence report be prepared; (ii) Set forth in a memorandum any observations and recommendations that the court deems appropriate; and (iii) Enter an order transferring the case to the juvenile court for disposition under ORS C.0 and C.. (B) And is not an offense for which waiver is authorized under ORS C., the court may not sentence the person. The court shall: (i) Order that a presentence report be prepared; (ii) Set forth in a memorandum any observations and recommendations that the court deems appropriate; and (iii) Enter an order transferring the case to the juvenile court for disposition under ORS C.0 and C.. () When a person is charged under this section, other offenses based on the same act or transaction shall be charged as separate counts in the same accusatory instrument and consolidated for trial, whether or not the other offenses are aggravated murder or offenses listed in subsection () of this section. If it appears, upon motion, that the state or the person charged is prejudiced by the joinder and consolidation of offenses, the court may order an election or separate trials of counts or provide whatever other relief justice requires. ()(a) If a person charged and tried as provided in subsection () of this section is found guilty of aggravated murder or an offense listed in subsection () of this section and one or more other offenses, the court shall impose the sentence for aggravated murder or the offense listed in subsection () of this section as provided in subsection () of this section and shall impose sentences for the other offenses as otherwise provided by law. (b) If a person charged and tried as provided in subsection () of this section is not found guilty of aggravated murder or an offense listed in subsection () of this section, but is found guilty of one of the other charges that constitutes an offense for which waiver is authorized under ORS C., the court, upon motion of the district attorney, shall hold a hearing to determine whether to retain jurisdiction or to transfer the case to juvenile court for disposition. In determining whether to retain jurisdiction, the court shall consider the criteria for waiver in ORS C.. If the court retains jurisdiction, the court shall sentence the person as an adult under sentencing guidelines. If the court does not retain jurisdiction, the court shall: (A) Order that a presentence report be prepared; (B) Set forth in a memorandum any observations and recommendations that the court deems appropriate; and (C) Enter an order transferring the case to the juvenile court for disposition under ORS C.0 and C.. []

15 HB SECTION. ORS.0 is amended to read:.0. ()(a) If a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period before the prisoner s first initial parole hearing, or if a prisoner is sentenced to terms of imprisonment that are consecutive to one another and result from crimes committed during the period between any two initial parole hearings, the total term resulting from the crimes committed during each such separate period shall be determined by the State Board of Parole and Post-Prison Supervision as follows, except as provided in subsection () of this section, and the total terms so determined shall then be summed as provided in ORS. (): (A) First, the board shall establish the appropriate range for the felony determined by the board, according to its rules, to be the most serious of the felonies committed during the period. If two or more felonies are determined to be equally the most serious, the board shall establish the appropriate range under this paragraph only for one of those felonies. (B) Second, the board shall establish a range for each of the remaining felonies committed during the same period. For purposes of establishing the ranges for the remaining felonies under this paragraph, the board shall not consider prior criminal history. (C) Third, the board shall determine the total range applicable in the offender s case for crimes committed during the same period by summing the ranges established under subparagraph (B) of this paragraph with the range established under subparagraph (A) of this paragraph and shall determine an appropriate term within that range. (D) Finally, the board shall vary the term determined under subparagraph (C) of this paragraph according to rules established under ORS. (), if the board finds aggravating or mitigating factors in the case. The board shall consider as an aggravating factor the fact that the prisoner has been sentenced to consecutive terms of imprisonment. (b) Whenever a prisoner is committed to the custody of the Department of Corrections for a crime that was committed during a period already considered at an initial parole hearing and upon a sentence consecutive to any sentence imposed for crimes committed during that period, the board shall conduct a hearing to consider the previously unconsidered crime. The hearing shall be a hearing supplemental to the original initial hearing concerning crimes committed during the period. Time limitations and other procedural provisions applicable to initial hearings shall apply to a supplemental hearing under this subsection. Upon conclusion of the supplemental hearing, the board shall redetermine the appropriate total term for the period. The redetermination shall be conducted de novo under the provisions of subsection () of this section. () The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is: (a) Murder in any ORS. or section of this 0 Act, or any aggravated form thereof; (b) Assault in the first ORS.; (c) Kidnapping in the first ORS.; (d) Rape in the first ORS.; (e) Sodomy in the first ORS.0; (f) Unlawful sexual penetration, as defined in ORS.; (g) Arson in the first ORS.; or (h) Treason, as defined in ORS.00. []

16 HB () The duration of imprisonment pursuant to consecutive sentences may be less than the sum of the terms under subsection () of this section if the board finds, by affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members, that consecutive sentences are not appropriate penalties for the criminal offenses involved and that the combined terms of imprisonment are not necessary to protect community security. () The board shall use the method set forth in subsections () to () of this section to determine the parole release date for any person serving a sentence in the custody of the Department of Corrections for crimes committed before or after July,. SECTION. ORS.0 is amended to read:.0. () All prisoners sentenced to prison for more than months shall serve active periods of parole or post-prison supervision as follows: (a) Six months of active parole or post-prison supervision for crimes in crime categories one to three; (b) Twelve months of active parole or post-prison supervision for crimes in crime categories four to 0; (c) Prisoners sentenced as dangerous offenders under ORS. and., for aggravated murder under ORS.0 or for murder in any degree under ORS. or section of this 0 Act shall serve at least three years of active parole or post-prison supervision; (d) Prisoners sentenced for violating or attempting to violate ORS.,.,.,.0,.0,.,. or. shall serve a term of active parole that extends for the entire term of the offender s sentence or a term of active post-prison supervision as provided in ORS.0; and (e) Prisoners sentenced for robbery in the first degree under ORS. or for arson in the first degree under ORS. shall serve three years of active parole or post-prison supervision. () Except as authorized in subsections () and () of this section, when an offender has served the active period of parole or post-prison supervision established under subsection ()(a) or (b) of this section, the supervisory authority shall place the offender on inactive supervision status. () No sooner than 0 days prior to the expiration of an offender s active parole or post-prison supervision period as provided in subsection () of this section, the supervisory authority may send to the State Board of Parole and Post-Prison Supervision a report requesting the board to extend the active supervision period or to return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution. The report shall include: (a) An evaluation of the offender s compliance with supervision conditions; (b) The status of the offender s court-ordered monetary obligations, including fines and restitution, if any; (c) The offender s employment status; (d) The offender s address; (e) Treatment program outcome; (f) Any new criminal activity; and (g) A recommendation that the board extend the supervision period or return the offender to active supervision status. () After reviewing the report submitted under subsection () of this section, the board may ex- []

17 HB tend the active supervision period or return the offender to active supervision status, not to exceed the supervision term imposed by the sentencing court under the rules of the Oregon Criminal Justice Commission and applicable laws, if it finds the offender has not substantially fulfilled the supervision conditions or has failed to complete payment of restitution. () During the pendency of any violation proceedings, the running of the supervision period and the sentence is stayed, and the board has jurisdiction over the offender until the proceedings are resolved. () The board shall send written notification to the supervised offender of the expiration of the sentence. SECTION. ORS.0 is amended to read:.0. () In any felony case, the court may impose a minimum term of imprisonment of up to one-half of the sentence it imposes. () Notwithstanding the provisions of ORS.0 and.0: (a) The State Board of Parole and Post-Prison Supervision shall not release a prisoner on parole who has been sentenced under subsection () of this section until the minimum term has been served, except upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members. (b) The board shall not release a prisoner on parole: (A) Who has been convicted of murder defined as aggravated murder under the provisions of ORS.0, except as provided in ORS.0; [or] (B) Who has been convicted of murder in the first degree under the provisions of section of this 0 Act, except as provided in ORS. () to () or section ()(c) to (f) of this 0 Act; or [(B)] (C) Who has been convicted of murder in the second degree under the provisions of ORS., except as provided in ORS. ()(c) to (f) or. () to (). SECTION. ORS.00 is amended to read:.00. ORS.00 to.0,.0 to.,.0 to.,.0 to.,.0 to.0,.0 to.,.0 to.,.0,. to.,.0 to.,.00,.0 to.0,.0 to.,. to.0,. to.,.0 to.,.,.00,.0,.,. to.,.,.0 to.0,.,. to.,.,.,.,.,.,.,.0 to.,.,.,.,.0 to.,. to.,.00,.0,.,.00,.0 to.,.,.0,.0 to.0,.0 to.,. to.,.0,.,.,.00 to.0,.0,.,.0,.,.00 to.0,.0,.,.,.0,.00 to.0,.0,.00 to.00,.,. to.,.0 to.,.0 to.0,.0,.0 and.0 and section of this 0 Act shall be known and may be cited as Oregon Criminal Code of. SECTION. ORS. is amended to read:.. () Felonies are classified for the purpose of sentence into the following categories: (a) Class A felonies; (b) Class B felonies; (c) Class C felonies; and (d) Unclassified felonies. () The particular classification of each felony defined in the Oregon Criminal Code, except murder in any degree under ORS. or section of this 0 Act and treason under ORS []

18 HB , is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS., shall be considered an unclassified felony. SECTION. ORS.0 is amended to read:.0. Notwithstanding [ORS.0] section of this 0 Act, when an element of a crime charged is that the victim of the crime is a police officer as defined in ORS A. and the crime was related to the officer s performance of official duties, the state may alternatively prove that the victim of the crime is a certified reserve officer or a reserve officer, as those terms are defined in ORS A., and the crime was related to the officer s performance of official duties. SECTION. ORS.0 is amended to read:.0. () In a prosecution for [aggravated murder under ORS.0 ()(c)] murder in the first degree under section ()(c) of this 0 Act, the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury: (a) The court shall accept the stipulation regardless of whether or not the state agrees to it; (b) The defendant s stipulation to the previous conviction constitutes a judicial admission to that element of the accusatory instrument. The stipulation shall be made a part of the record of the case, but shall not be offered or received in the presence of the jury; (c) For the purpose of establishing the prior conviction solely as an element of the crime under [ORS.0 ()(c)] section ()(c) of this 0 Act, neither the court nor the state shall reveal to the jury the previous conviction, but the previous conviction is established in the record by the defendant s stipulation; and (d) The court shall not submit the accusatory instrument or evidence of the previous conviction to the jury. () In a proceeding under [ORS.0 ()(c)] section ()(c) of this 0 Act, the state may offer, and the court may receive and submit to the jury, evidence of the previous conviction for impeachment of the defendant or another purpose, other than establishing the conviction as an element of the offense, when the evidence of the previous conviction is otherwise admissible for that purpose. When evidence of the previous conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted. () When the defendant stipulates to the prior conviction required as an element of [aggravated] murder in the first degree under [ORS.0 ()(c)] section ()(c) of this 0 Act, if the jury finds the defendant guilty upon instruction regarding the balance of the elements of the crime, the court shall enter a judgment of guilty of [aggravated] murder in the first degree. SECTION. ORS. is amended to read:.. () It is an affirmative defense to murder in the second degree for purposes of ORS. ()(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor s situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime. []

19 HB () The defendant may not introduce in the defendant s case in chief expert testimony regarding extreme emotional disturbance under this section unless the defendant gives notice of the defendant s intent to do so. () The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant s plea. () If the defendant fails to file notice, the defendant may not introduce evidence for the purpose of proving extreme emotional disturbance under ORS. unless the court, in its discretion, determines that there was just cause for failure to file notice. () After the defendant files notice as provided in this section, the state may have at least one psychiatrist or licensed psychologist of its selection examine the defendant in the same manner and subject to the same provisions as provided in ORS.. SECTION. ORS.0 is amended to read:.0. () A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture. () Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter A. () As used in this section, drive-by shooting means discharge of a firearm from a motor vehicle while committing or attempting to commit: (a) Aggravated murder under ORS.0; (b) Murder in any degree under ORS. or section of this 0 Act; (c) Manslaughter in any degree under ORS. or.; (d) Assault in any degree under ORS.0,.,. or.; (e) Menacing under ORS.0; (f) Recklessly endangering another person under ORS.; (g) Assaulting a public safety officer under ORS.0; or (h) Intimidation in any degree under ORS. or.. SECTION 0. ORS. is amended to read:.. () A teaching, personnel service or administrative license, or public charter school registration, may not be issued to any person until the person has attained the age of years and has furnished satisfactory evidence of proper educational training. () The Teacher Standards and Practices Commission may require an applicant for a teaching, personnel service or administrative license or for registration as a public charter school teacher or administrator to furnish evidence satisfactory to the commission of good moral character, mental and physical health, and such other evidence as the commission may deem necessary to establish the applicant s fitness to serve as a teacher or administrator. () Without limiting the powers of the Teacher Standards and Practices Commission under subsection () of this section: (a) A teaching, personnel service or administrative license, or a public charter school registration, may not be issued to any person who: (A) Has been convicted of a crime listed in ORS.0,.,.,.,.,.,.,.,.,.0,.0,.,.,.,.,.,.,.,.,.,.,.,.,.,.0,. ( Replacement Part),.0 ( Edition),.,.,.,.,.,.,.,.00,.0, []

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