77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3147

                         Senate Bill 628

Sponsored by Senator STARR; Senator KNOPP

                             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.

  Provides that minimum sentence for certain felonies is 10 years
if defendant threatened use of firearm during commission of
felony, 20 years if defendant discharged firearm during
commission of felony and 25 years if defendant discharged firearm
causing physical injury during commission of felony. Provides
that maximum sentence for certain felonies is life imprisonment
without possibility of parole or release if defendant discharged
firearm causing physical injury during commission of felony.
Eliminates exemption from minimum sentences for first-time
offenders.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 161.610;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.610 is amended to read:
  161.610. (1) As used in this section, 'firearm' has the meaning
given that term in ORS 166.210.
  (2) The   { - use or - }  threatened use of a firearm, whether
operable or inoperable, { +  by a defendant during the commission
of a felony described in subsection (5) of this section, the
discharge of a firearm by a defendant during the commission of a
felony described in subsection (5) of this section or the
discharge of a firearm causing physical injury  + }by a defendant
during the commission of a felony { +  described in subsection
(5) of this section + } may be pleaded in the accusatory
instrument and proved at trial as an element in aggravation of
the crime as provided in this section. When a crime is so
pleaded, the aggravated nature of the crime may be indicated by
adding the words 'with a firearm' to the title of the
offense { +  and a description of the aggravating circumstances
in the statement of the acts that constitutes the offense + }.
The unaggravated crime shall be considered a lesser included
offense.
  (3) Notwithstanding the provisions of ORS 161.605 or 137.010
(3) and except as otherwise provided in subsection (6) of this
section, if a defendant is convicted of a felony { +  described
in subsection (5) of this section  + }having as an element the
defendant's   { - use or - }  threatened use of a firearm { + ,
discharge of a firearm or discharge of a firearm causing physical
injury + } during the commission of the crime, the court shall
impose at least the minimum term of imprisonment as provided in
subsection (4) of this section. Except as provided in ORS 144.122
and 144.126   { - and subsection (5) of this section - } , in no
case shall any person punishable under this section become
eligible for work release, parole, temporary leave or terminal
leave until the minimum term of imprisonment is served, less a
period of time equivalent to any reduction of imprisonment
granted for good time served or time credits earned under ORS
421.121, nor shall the execution of the sentence imposed upon
such person be suspended by the court.
    { - (4) The minimum terms of imprisonment for felonies having
as an element the defendant's use or threatened use of a firearm
in the commission of the crime shall be as follows: - }
    { - (a) Except as provided in subsection (5) of this section,
upon the first conviction for such felony, five years, except
that if the firearm is a machine gun, short-barreled rifle,
short-barreled shotgun or is equipped with a firearms silencer,
the term of imprisonment shall be 10 years. - }
    { - (b) Upon conviction for such felony committed after
punishment pursuant to paragraph (a) of this subsection or
subsection (5) of this section, 10 years, except that if the
firearm is a machine gun, short-barreled rifle, short-barreled
shotgun or is equipped with a firearms silencer, the term of
imprisonment shall be 20 years. - }
    { - (c) Upon conviction for such felony committed after
imprisonment pursuant to paragraph (b) of this subsection, 30
years. - }
    { - (5) If it is the first time that the defendant is subject
to punishment under this section, rather than impose the sentence
otherwise required by subsection (4)(a) of this section, the
court may: - }
    { - (a) For felonies committed prior to November 1, 1989,
suspend the execution of the sentence or impose a lesser term of
imprisonment, when the court expressly finds mitigating
circumstances justifying such lesser sentence and sets forth
those circumstances in its statement on sentencing; or - }
    { - (b) For felonies committed on or after November 1, 1989,
impose a lesser sentence in accordance with the rules of the
Oregon Criminal Justice Commission. - }
    { - (6) When a defendant who is convicted of a felony having
as an element the defendant's use or threatened use of a firearm
during the commission of the crime is a person who was waived
from juvenile court under ORS 137.707 (5)(b)(A), 419C.349,
419C.352, 419C.364 or 419C.370, the court is not required to
impose a minimum term of imprisonment under this section. - }
   { +  (4)(a) The minimum term of imprisonment for felonies
described in subsection (5) of this section that have the
defendant's threatened use of a firearm as an element of the
crime is 10 years.
  (b) The minimum term of imprisonment for felonies described in
subsection (5) of this section that have discharge of firearm as
an element of the crime is 20 years.
  (c) The minimum term of imprisonment for felonies described in
subsection (5) of this section that have discharge of firearm
causing physical injury as an element of the crime is 25 years,
and the maximum term is life imprisonment without the possibility
of parole or release.
  (5) This section applies to the following felonies:
  (a) Murder and any aggravated form thereof.
  (b) Manslaughter in the first or second degree.
  (c) Assault in any degree constituting a felony, including
assaulting a public safety officer.
  (d) Kidnapping in any degree.
  (e) Trafficking in persons.
  (f) Rape in the first or second degree.
  (g) Sodomy in the first or second degree.
  (h) Unlawful sexual penetration in the first or second degree.
  (i) Burglary in any degree.
  (j) Escape in the first degree.
  (k) Arson in any degree.
  (L) Robbery in any degree.
  (m) Compelling prostitution.
  (n) Delivery or manufacture of a controlled substance in
Schedule I or II.
  (o) Any attempt of the above crimes if the attempt constitutes
a felony.
  (6) The minimum and maximum sentences established by this
section do not apply to the sentencing of a person who was waived
from juvenile court under ORS 137.707 (5)(b)(A), 419C.349,
419C.352, 419C.364 or 419C.370. + }
  SECTION 2.  { + The amendments to ORS 161.610 by section 1 of
this 2013 Act apply to crimes committed on or after the effective
date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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