Bill Text: OR SB1527 | 2012 | Regular Session | Enrolled
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-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1527
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 crime; creating new provisions; amending ORS 161.566,
161.568 and 163.187; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.187 is amended to read:
163.187. (1) A person commits the crime of strangulation if the
person knowingly impedes the normal breathing or circulation of
the blood of another person by:
(a) Applying pressure on the throat or neck of the other
person; or
(b) Blocking the nose or mouth of the other person.
(2) Subsection (1) of this section does not apply to legitimate
medical or dental procedures or good faith practices of a
religious belief.
(3) Strangulation is a Class A misdemeanor.
(4) Notwithstanding subsection (3) of this section,
strangulation is a Class C felony if:
(a) The crime is committed in the immediate presence of, or is
witnessed by, the person's or the victim's minor child or
stepchild or a minor child residing within the household of the
person or the victim;
(b) The victim is under 10 years of age;
(c) During the commission of the crime, the person used,
attempted to use or threatened to use a dangerous or deadly
weapon, as those terms are defined in ORS 161.015, unlawfully
against another;
(d) The person has been previously convicted of violating this
section or of committing an equivalent crime in another
jurisdiction;
(e) The person has been previously convicted of violating ORS
163.160, 163.165, 163.175, 163.185 or 163.190 or of committing an
equivalent crime in another jurisdiction, and the victim in the
previous conviction is the same person who is the victim of the
current { - conviction - } { + crime + }; or
(f) The person has at least three previous convictions of any
combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190
or of equivalent crimes in other jurisdictions.
Enrolled Senate Bill 1527 (SB 1527-B) Page 1
(5) For purposes of subsection (4)(a) of this section, a
strangulation is witnessed if the strangulation is seen or
directly perceived in any other manner by the child.
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
Enrolled Senate Bill 1527 (SB 1527-B) Page 2
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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Passed by Senate February 13, 2012
Repassed by Senate February 28, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 27, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1527 (SB 1527-B) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1527 (SB 1527-B) Page 4
