Legislative Concepts for 2011 Legislative Session by zhangyun

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									                                     Legislative Concepts for 2011 Legislative Session
                                                Draft #2 ~ final bills for vote

                     The Problem                                                                               Prior
#                                                                            The Fix                                                Notes
                                                                                                               Effort




       Anomaly of disproportionate penalties for
                                                        Amend ORS 163.425 (SA2) to clarify that “does
1   consensual sexual activity under SA2 as result of                                                                            Ryan Scott;
                                                        not consent” cannot be satisfied by “inability to      None
      St v. Stamper, 197 OA 413; what used to be                                                                        CJC will not be submitting bill
                                                                 consent due solely to age.”
      misdemeanor conduct is now Class C felony



                                                        Fix #1: Amend ORS 475.005(8) definition of
     Delivery prosecutions under State v. Boyd, 92      “delivery” to delete “attempt,” such that “delivery”
                                                                                                                                  Lee Berger
    OA 51, can result in disproportionate, anomalous    constitute an “actual or constructive transfer.”       None
                                                                                                                             Elizabeth Wakefield
                   and unfair results
2

                                                        Fix #1: Create two degrees of crime: harsher
                                                        penalty for real person; lesser penalty for
                                                        fictitious person

                                                        Fix #2: Calibrate the penalties between
       Prosecutions for Identity Theft under ORS        Possession Fictitious Instrument [ORS 165.813]                    No decision was made by
        165.800 can result in disproportionate,         and Unlawful Possession of Personal ID Device          None     Committee as to preferred “fix.”
3
             anomalous and unfair results               [ORS 165.810] ~ both of which are currently                      Please specify in your vote
                                                        Class C felonies

                                                        Fix #3: Amend/tighten conduct of ID Theft [ORS
                                                        165.800] to avoid simple forgery
    Citations for Failure to Signal Within 100 Feet are                                                                              Marion County PD;
                                                          Amend statute to require that driver signal within
4   used as pretext stops, even when it is impossible                                                             None         Will require analysis of other
                                                           100 feet, or within a reasonable time/distance
            or unreasonably difficult to comply                                                                                       state provisions


                                                          Fix #1: Allow court to grant misdemeanor
                                                          treatment for MCS/Marijuana of user quantities         2007 SB
                                                                                                                   327
                                                                                                                                No decision was made by
    Prosecutions for MCS/Marijuana, even for small        Fix #2: Allow expungement for convictions of          (hearing);
                                                                                                                              Committee as to preferred “fix.”
5             seedlings of user quantities                same                                                   2009 SB
                                                                                                                               Please specify in your vote
                                                                                                                   249
                                                          Fix #3: Reduce Aggr DCS/MCS(Mj) from Level           (no hearing)
                                                          8 offense to Level 6

     State v. Roberts evaluates “reasonableness” of
        notice of enhancement factors to date of           Require that state give notice of enhancement
6                                                                                                                 None
    sentencing rather than date of trial; does not take       factors within XXXX days of trial date
            into account negotiation dynamics

                                                          Fix #1: Amend ORS 475.854 to make crime
                                                          classification of possession/heroin a Class C
                                                          Felony, consistent with other possession
                                                          statutes
     Poss/Heroin is a Class B Felony and therefore
                                                                                                                                No decision was made by
     not expungement-eligible; possession statutes
7                                                         Fix #2: Amend drug statutes to make simple              None        Committee as to preferred “fix.”
      for other drugs (cocaine; meth) are Class C
                                                          possession of all drugs (without aggravating                         Please specify in your vote
                        Felonies
                                                          factor) a C felony

                                                          Fix #2: Amend expungement statute to make
                                                          possession/heroin expungement-eligible

    State crime lab refuses to discuss nature/method
                                                          Require state crime lab, upon request, to submit
     of testing procedures with defense prior to trial;
8                                                          to interview and/or answer specified questions         None                   Jim Pex
      information is essential for defense experts to
                                                                      from defense prior to trial
       know what tests/procedures were conducted

       Drivers possessing Commercial Driver’s                                                                                   Research required by DUII
                                                          Amend DUII diversion statute to allow diversion
    Licenses are not diversion-eligible, even if they                                                                          group to determine if federal
9                                                          for drivers possessing Commercial Driver’s             None
    were not driving a commercial vehicle at time of                                                                           highway money connected to
                                                                             License
                        offense                                                                                                    this requirement; vote
                                                                                                                                assuming no such impediment

      Obligation under ORS 135.815(4)(a) forbidding
                                                               Amend ORS 135.815(4)(a) to require DA
       disclosure of victim information to defendant
10                                                              produce both un-redacted and redacted               None                 Bob Homan
         results in great time/expense for defense
                                                            discovery, deleting victim identifying information
                           providers


                                                                Amend ORS 135.805(1) to require that
        Discovery statute does not apply to justice              discovery statute applies to all criminal
11                                                                                                                  None             John Henry Hingson
          courts, which are not courts of record            prosecutions; delete language limiting it to courts
                                                                                of record.

                                                            Fix #1: Allow discretion with ID Theft

                                                            Fix #2: Allow greater discretion with SA1              2009 HB
                                                            (perhaps same as 2009 HB 3341)                            3341        No decision was made by
     Judicial discretion in sentencing is being eroded                                                             expanded     Committee as to preferred “fix.”
12
                                                            Fix #3: Expand 1049 crimes                            1049 option    Please specify in your vote.
                                                                                                                    for SA1
                                                            Fix #4: Codify Rodriguez


      2009 HB 2287 removed the $200 cap from 15%
        retention of security bail upon exoneration;        Reinstate a cap to 15% retention of security bail,                          Larry Matasar
13                                                                                                                  None
     results in unconstitutional burden to bail in higher    indexed from 1973 rate: in the range of $750                                  Others
                        bail amounts


     Courts have no statutory authority at any phase          Amend ORS 161.360 by deleting “before or
14   other than trial to send defendants who are unfit          during the trial in any criminal case” and          None                 Bob Homan
     to proceed to OSH for evaluation and treatment         inserting “at any stage of a criminal proceeding”

								
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