justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 161 — General Provisions

ORS 161.568. Misdemeanor treated as violation; courts election. (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 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 153.021, 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 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.
ORS Chapter 161 — General Provisions

ORS 161.570. Felony treated as misdemeanor. (1) As used in this section, nonperson felony has the meaning given that term in the rules of the Oregon Criminal Justice Commission. (2) A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor. (3) If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c), the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties. (4) If a Class C felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter. (5) If no election or stipulation is made under this section, the case proceeds as a felony. (6) Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly. (7) Notwithstanding ORS 161.635, the fine that a court may impose upon conviction of a misdemeanor under this section may not: (a) Be less than the minimum fine established by ORS 137.286 for a felony; or (b) Exceed the amount provided in ORS 161.625 for the class of felony receiving Class A misdemeanor treatment.
ORS Chapter 161 — General Provisions

ORS 161.585. Classification of certain crimes determined by punishment. (1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (1). (2) Notwithstanding the provisions of ORS 161.525, upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes: (a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections. (b) Without imposing a sentence of probation, the court imposes a fine. (c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections. (d) Upon revocation of probation, the court imposes a fine. (e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter. (f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence. (g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant. (3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 73; 1987 c.320 85; 1989 c.790 52; 1993 c.14 18; 2005 c.264 15] DISPOSITION OF OFFENDERS
ORS Chapter 161 — General Provisions

ORS 161.605. 162.055 to 162.115, 162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.095, 163.107, 163.115, 163.125 to 163.145, 163.149, 163.160 to 163.208, 163.191, 163.196, 163.215 to 163.257, 163.261, 163.263, 163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.429, 163.432, 163.433, 163.472, 163.505 to 163.575, 163.665 to 163.693, 163.700, 163.701, 163.715, 164.005, 164.015 to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002 to 165.102, 165.109, 165.118, 165.805, 165.815, 166.005 to 166.095, 166.119, 166.125, 166.128, 166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340, 167.350, 167.810 and 167.820 shall be known and may be cited as Oregon Criminal Code of 1971.
ORS Chapter 161 — General Provisions

ORS 161.615. Maximum terms of imprisonment for misdemeanors. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a Class A misdemeanor, 364 days. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unclassified misdemeanor, as provided in the statute defining the crime.
ORS Chapter 161 — General Provisions

ORS 161.620. Sentences imposed upon waiver. Notwithstanding any other provision of law, a sentence imposed upon any person waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under: (1) ORS 137.707 shall be imposed, except as provided in ORS 137.712; (2) ORS 163.105 (1)(c) shall be imposed; and (3) ORS 161.610 may be imposed. [1985 c.631 9; 1989 c.720 3; 1993 c.33 306; 1993 c.546 119; 1995 c.422 131y; 1999 c.951 2; 2019 c.634 8] Note:
ORS Chapter 161 — General Provisions

ORS 161.625. Fines for felonies. (1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $500,000 for murder or aggravated murder. (b) $375,000 for a Class A felony. (c) $250,000 for a Class B felony. (d) $125,000 for a Class C felony. (2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime. (3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendants gain from the commission of the crime. (b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal. (4) As used in this section, gain means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. Value shall be determined by the standards established in ORS 164.115. (5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendants gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue. (6) Except as provided in ORS 161.655, this section does not apply to a corporation.
ORS Chapter 161 — General Provisions

ORS 161.635. Fines for misdemeanors. (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $6,250 for a Class A misdemeanor. (b) $2,500 for a Class B misdemeanor. (c) $1,250 for a Class C misdemeanor. (2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime. (3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendants gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply. (4) This section does not apply to corporations.
ORS Chapter 161 — General Provisions

ORS 161.645. Standards for imposing fines. In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court.
ORS Chapter 161 — General Provisions

ORS 161.655. Fines for corporations. (1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense defined outside this code for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $50,000 when the conviction is of a felony. (b) $5,000 when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized. (c) $2,500 when the conviction is of a Class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not more than six months. (d) $1,000 when the conviction is of a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than 30 days. (2) A sentence to pay a fine, when imposed on a corporation for an offense defined outside the Oregon Criminal Code, if a special fine for a corporation is provided in the statute defining the offense, shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the offense. (3) If a corporation has gained money or property through the commission of an offense, then upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under subsection (1) or (2) of this section, may sentence the corporation to pay an amount, fixed by the court, not exceeding double the amount of the corporations gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.
ORS Chapter 161 — General Provisions

ORS 161.675. Time and method of payment of fines, restitution and costs. (1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, any part of the sentence that requires the payment of a sum of money for any purpose is enforceable during the period of imprisonment if the court expressly finds that the defendant has assets to pay all or part of the amounts ordered. (2) When a defendant whose sentence requires the payment of a sum of money for any purpose is also sentenced to probation or imposition or execution of sentence is suspended, the court may make payment of the sum of money a condition of probation or suspension of sentence. (3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied.
ORS Chapter 161 — General Provisions

ORS 161.705. Reduction of certain felonies to misdemeanors. (1) Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when: (a)(A) A person is convicted of any Class C felony; or (B) A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475C.009 constituting a Class B felony, of possession of a controlled substance constituting a Class B felony or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and (b) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh. (2) The entry of judgment of conviction for a Class A misdemeanor under this section may be made: (a) At the time of conviction, for offenses described in subsection (1)(a)(A) of this section; or (b) At any time after the sentence of probation has been completed, for offenses described in subsection (1)(a)(B) of this section.
ORS Chapter 161 — General Provisions

ORS 161.710. Reduction of certain felony driving offenses after completion of sentence. Notwithstanding ORS 161.525, the court has authority, at any time after a sentence of probation has been completed, to enter judgment of conviction for a Class A misdemeanor for a person convicted of criminal driving while suspended or revoked under ORS 811.182 committed before September 1, 1999, and constituting a felony if: (1) The suspension or revocation resulted from habitual offender status under ORS 809.640; (2) The person successfully completed the sentence of probation; and (3) The court finds that, considering the nature and circumstances of the crime and the history and character of the person, it would be unduly harsh for the person to continue to have a felony conviction.
ORS Chapter 161 — General Provisions

ORS 161.715. Standards for discharge of defendant. (1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if: (a) The conviction is for an offense other than murder, treason or a Class A or B felony; and (b) The court is of the opinion that no proper purpose would be served by imposing any condition upon the defendants release. (2) If a sentence of discharge is imposed for a felony, the court shall set forth in the record the reasons for its action. (3) If the court imposes a sentence of discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions. The judgment entered by the court shall include a monetary obligation payable to the state in an amount equal to the minimum fine for the offense established by ORS 137.286. (4) If a defendant pleads not guilty and is tried and found guilty, a sentence of discharge is a judgment on a conviction for all purposes, including an appeal by the defendant. (5) If a defendant pleads guilty, a sentence of discharge is not appealable, but for all other purposes is a judgment on a conviction.
ORS Chapter 161 — General Provisions

ORS 161.735. Procedure for determining whether defendant dangerous. (1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within ORS 161.725, the court shall order a presentence investigation and an examination by a psychiatrist or psychologist. The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility. (2) All costs connected with the examination shall be paid by the state. (3) The examination performed pursuant to this section shall be completed within 30 days, subject to additional extensions not exceeding 30 days on order of the court. Each psychiatrist and psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is suffering from a severe personality disorder indicating a propensity toward criminal activity. (4) No statement made by a defendant under this section or ORS 137.124 or 423.090 shall be used against the defendant in any civil proceeding or in any other criminal proceeding. (5) Upon receipt of the examination and presentence reports the court shall set a time for a presentence hearing, unless the district attorney and the defendant waive the hearing. At the presentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section. (6) If, after considering the evidence in the case or in the presentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant comes within ORS 161.725, the court may sentence the defendant as a dangerous offender. (7) In determining whether a defendant has been previously convicted of a felony for purposes of ORS 161.725, the court shall consider as prima facie evidence of the previous conviction: (a) A copy of the judicial record of the conviction which copy is authenticated under ORS 40.510; (b) A copy of the fingerprints of the subject of that conviction which copy is authenticated under ORS 40.510; and (c) Testimony that the fingerprints of the subject of that conviction are those of the defendant. (8) Subsection (7) of this section does not prohibit proof of the previous conviction by any other procedure. (9) The facts required to be found to sentence a defendant as a dangerous offender under this section are enhancement facts, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making determinations of those facts.
ORS Chapter 161 — General Provisions

ORS 161.737. Sentence imposed on dangerous offender as departure from sentencing guidelines. (1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 and 161.735 shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission. (2) When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725, a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 and 161.735 as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 is not subject to any guideline rule establishing limitations on the duration of departures.
ORS Chapter 161 — General Provisions

ORS 161.740. Sentencing of juvenile offenders. (1) A court may not impose a sentence of life imprisonment without the possibility of release or parole on a person who was under 18 years of age at the time of committing the offense. (2) In determining the appropriate sentence for a person who was under 18 years of age at the time of committing the offense, if the court is provided information concerning the following circumstances, or any other relevant circumstances, the court shall consider those circumstances in imposing the sentence: (a) The persons age, intellectual capacity and impetuousness at the time of the offense. (b) The persons family and community environment, history of trauma and prior involvement in the juvenile dependency system at the time of the offense. (c) The persons ability at the time of the offense to appreciate the risks and consequences of the conduct constituting the offense. (d) The persons community involvement prior to the offense. (e) Any peer or familial pressure to which the person was subjected at the time of the offense. (f) Whether and to what extent an adult was involved in the commission of the offense. (g) The persons capacity for rehabilitation. (h) The persons school records and special education evaluations. (i) Any other mitigating factors or circumstances presented by the person. (3)(a) If the court is provided with a report of a mental health evaluation of the person, the court shall give the evaluation substantial weight in imposing the sentence if: (A) The evaluation was conducted by a psychiatrist or psychologist whose primary practice involves the treatment of adolescents; and (B) The report includes the assessment of the persons degree of insight, judgment, self-awareness, emotional regulation and impulse control. (b) Paragraph (a) of this subsection does not constitute a requirement that a person obtain or submit an evaluation for sentencing. (4) When sentencing a person who was under 18 years of age at the time of committing the offense, under no circumstances may the court consider the age of the person as an aggravating factor. (5) When sentencing a person who was under 18 years of age at the time of committing an offense to a term of imprisonment, the court shall indicate in the judgment: (a) The age of the person at the time of committing the offense; and (b) That the person is eligible for a hearing and release under ORS 144.397. [2019 c.634 24] Note: Section 32, chapter 634, Oregon Laws 2019, provides: Sec. 32. (1) Sections 24 [161.740] and 25 [144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185,