77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 39

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                     CHAPTER ................

                             AN ACT

Relating to appeals; creating new provisions; amending ORS
  135.250 and 135.285; and repealing ORS 138.135.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1)(a) A justice, municipal or circuit court
may enter an order in a criminal action as defined in ORS 131.005
staying execution of a sentence, or a portion of a sentence,
pending the resolution of an appeal.
  (b) Except for good cause shown, a motion for an order under
this section must be filed in the trial court no later than the
filing of a notice of appeal. The trial court retains
jurisdiction to enter an order under this section irrespective of
whether a notice of appeal has been filed.
  (c) Except as otherwise required by this section, the trial
court may impose conditions on a stay that the trial court
determines are appropriate.
  (2) In determining whether to enter an order staying the
execution of all of a sentence, or a portion of a sentence, the
trial court shall consider the following factors:
  (a) The nature of the offense;
  (b) The severity of the sentence imposed;
  (c) The health of the defendant;
  (d) The character and strength of the evidence;
  (e) The criminal history of the defendant;
  (f) If the sentence, or the portion of the sentence, sought to
be stayed includes a term of incarceration, the likelihood that
the defendant will:
  (A) Appear in court at all appropriate times;
  (B) Comply with any other conditions of release; and
  (C) Complete, or substantially complete, serving the term of
incarceration before the appeal is decided;
  (g) The likelihood that an appellate court will reverse the
sentence, or the portion of the sentence, sought to be stayed or
will reverse the judgment of conviction that includes the
sentence, or the portion of the sentence, sought to be stayed;
and
  (h) If an appellate court has issued a decision reversing the
sentence, or a portion of the sentence, sought to be stayed or

Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 1

reversing the judgment of conviction that includes the sentence,
or the portion of the sentence, sought to be stayed:
  (A) Whether the reversal or any other relief described in the
appellate decision will result in the defendant having completed
serving the term of incarceration imposed; and
  (B) Whether the appellate decision remands the case for a new
trial.
  (3) If the trial court enters an order staying a term of
incarceration, the court:
  (a) May order that the conditions of the release agreement and
any posted security stand pending resolution of the appeal or may
order an increase or reduction in the amount of security.
  (b) Shall order that the defendant, as a condition of release:
  (A) Duly prosecute the appeal of the defendant as required by
ORS 138.005 to 138.500;
  (B) Appear at such time and place as the court may direct;
  (C) Not depart this state without leave of the court; and
  (D) If the judgment is affirmed, or the judgment is reversed
and the case is remanded for a new trial, immediately appear as
required by the trial court.
  (4) If the court enters an order staying the payment of a
monetary obligation, the court may order the defendant:
  (a) To deposit, pending resolution of the appeal, the whole or
any part of the monetary obligation with the clerk of the trial
court;
  (b) To file an undertaking with sufficient sureties;
  (c) To submit to an examination of assets; or
  (d) To refrain from dissipating the assets of the
defendant. + }
  SECTION 2. ORS 135.250 is amended to read:
  135.250. (1) If a defendant is released before judgment, the
conditions of the release agreement shall be that the defendant
will:
  (a) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by the
court until the defendant is discharged or the judgment is
entered;
  (b) Submit to the orders and process of the court;
  (c) Not depart this state without leave of the court; and
  (d) Comply with such other conditions as the court may impose.
  (2)(a) In addition to the conditions listed in subsection (1)
of this section, if the defendant is charged with an offense that
also constitutes domestic violence, the court shall include as a
condition of the release agreement that the defendant not contact
the victim of the violence.
  (b) Notwithstanding paragraph (a) of this subsection, the court
may enter an order waiving the condition that the defendant have
no contact with the victim if:
  (A) The victim petitions the court for a waiver; and
  (B) The court finds, after a hearing on the petition, that
waiving the condition is in the best interests of the parties and
the community.
  (c) If the defendant was provided notice and an opportunity to
be heard, the court shall also include in the agreement, when
appropriate, terms and findings sufficient under 18 U.S.C. 922
(d)(8) and (g)(8) to affect the defendant's ability to possess
firearms and ammunition or engage in activities involving
firearms.
  (d) ORS 107.720 applies to release agreements executed by
defendants charged with an offense that constitutes domestic

Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 2

violence, except that proof of service of the release agreement
is not required and the agreement may not be terminated at the
request of the victim without a hearing.
    { - (3) If the defendant is released after judgment of
conviction, the conditions of the release agreement shall be that
the defendant will: - }
    { - (a) Duly prosecute the appeal of the defendant as
required by ORS 138.005 to 138.500; - }
    { - (b) Appear at such time and place as the court may
direct; - }
    { - (c) Not depart this state without leave of the court; - }

    { - (d) Comply with such other conditions as the court may
impose; and - }
    { - (e) If the judgment is affirmed or the judgment is
reversed and the cause remanded for a new trial, immediately
appear as required by the trial court. - }
  SECTION 3. ORS 135.285 is amended to read:
  135.285.   { - (1) - }  If circumstances concerning the
defendant's release change, the court, on its own motion or upon
request by the district attorney or defendant, may modify the
release agreement or the security release.
    { - (2) After judgment of conviction in municipal or justice
court, the court shall order the original release agreement, and
if applicable, the security, to stand pending appeal, or deny,
increase or reduce the release agreement and the security. If a
defendant appeals after judgment of conviction in circuit court
for any crime other than murder or treason, release shall be
discretionary. - }
  SECTION 4.  { + ORS 138.135 is repealed. + }
                         ----------

Passed by Senate March 6, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 7, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 3

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 39 (SB 39-INTRO)                      Page 4