ORS 137.700
Offenses requiring imposition of mandatory minimum sentences


(1)

Notwithstanding ORS 161.605 (Maximum terms of imprisonment for felonies), when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 (Reduction in term of incarceration) or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2)

The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:

(a)

Intentionally left blank —Ed.

(A)

Murder in the second
degree, as defined in
ORS 163.115 (Murder in the second degree). 300 months

(B)

Murder in the first
degree, as defined
in ORS 163.107 (Murder in the first degree) 360 months

(C)

Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095 (“Aggravated murder” defined). 120 months

(D)

Attempt or conspiracy
to commit murder
in any degree. 90 months

(E)

Manslaughter in the
first degree, as defined
in ORS 163.118 (Manslaughter in the first degree). 120 months

(F)

Manslaughter in the
second degree, as defined
in ORS 163.125 (Manslaughter in the second degree). 75 months

(G)

Assault in the first
degree, as defined in
ORS 163.185 (Assault in the first degree). 90 months

(H)

Assault in the second
degree, as defined in
ORS 163.175 (Assault in the second degree). 70 months

(I)

Except as provided in
paragraph (b)(G) of
this subsection,
kidnapping in the first
degree, as defined
in ORS 163.235 (Kidnapping in the first degree). 90 months

(J)

Kidnapping in the second
degree, as defined in
ORS 163.225 (Kidnapping in the second degree). 70 months

(K)

Rape in the first degree,
as defined in ORS 163.375 (Rape in the first degree)
(1)(a), (c) or (d). 100 months

(L)

Rape in the second degree,
as defined in
ORS 163.365 (Rape in the second degree). 75 months

(M)

Sodomy in the first degree,
as defined in ORS 163.405 (Sodomy in the first degree)
(1)(a), (c) or (d). 100 months

(N)

Sodomy in the second
degree, as defined in
ORS 163.395 (Sodomy in the second degree). 75 months

(O)

Unlawful sexual penetration
in the first degree, as
defined in ORS 163.411 (Unlawful sexual penetration in the first degree)

(1)

Intentionally left blank —Ed.

(a)

or (c). 100 months

(P)

Unlawful sexual penetration
in the second degree, as
defined in ORS 163.408 (Unlawful sexual penetration in the second degree). 75 months

(Q)

Sexual abuse in the first
degree, as defined in
ORS 163.427 (Sexual abuse in the first degree). 75 months

(R)

Robbery in the first degree,
as defined in
ORS 164.415 (Robbery in the first degree). 90 months

(S)

Robbery in the second
degree, as defined in
ORS 164.405 (Robbery in the second degree). 70 months

(b)

Intentionally left blank —Ed.

(A)

Arson in the first degree,
as defined in ORS 164.325 (Arson in the first degree),
when the offense represented
a threat of serious
physical injury. 90 months

(B)

Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670 (Using child in display of sexually explicit conduct). 70 months

(C)

Compelling prostitution,
as defined in
ORS 167.017 (Compelling prostitution). 70 months

(D)

Rape in the first degree,
as defined in
ORS 163.375 (Rape in the first degree) (1)(b). 300 months

(E)

Sodomy in the first degree,
as defined in
ORS 163.405 (Sodomy in the first degree) (1)(b). 300 months

(F)

Unlawful sexual penetration
in the first degree, as
defined in
ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b). 300 months

(G)

Kidnapping in the first
degree, as defined in
ORS 163.235 (Kidnapping in the first degree), when the
offense is committed in
furtherance of the commission
or attempted commission of an
offense listed in subparagraph
(D), (E) or (F) of
this paragraph. 300 months

(c)

Aggravated vehicular
homicide, as defined in
ORS 163.149 (Aggravated vehicular homicide). 240 months

[1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5; 2019 c.635 §10]
Note: Section 3 (2), chapter 1, Oregon Laws 2006, provides:
Sec. 3. (2) The amendments to ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) by section 1 of this 2006 Act apply only to a person who was at least 18 years of age at the time the person committed an offense described in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) (2)(b)(D), (E), (F) or (G). [2006 c.1 §3(2)]
Note: 137.700 (Offenses requiring imposition of mandatory minimum sentences) to 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) were enacted into law but were not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 137.700 — Offenses requiring imposition of mandatory minimum sentences, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

Notes of Decisions

Pre-1995 amendments

Filing of delinquency petition in juvenile court and seeking remand is not required where juvenile is charged with listed crime. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Where juvenile is convicted of listed crime, ORS 161.620 prohibition against mandatory minimum sentence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Minimum-sentence requirement does not violate constitutional provisions regarding equal protection, right of allocution, reformative purpose or separation of powers. State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997)

In general

Minimum-sentence requirement does not violate constitutional provision against disproportionate sentences. State v. George, 146 Or App 449, 934 P2d 474 (1997)

Prohibition against reducing incarceration period by allowing post-prison supervision does not conflict with Oregon Criminal Justice Commission rule requiring that incarceration period be followed by post-prison supervision period. State v. Lewis, 150 Or App 257, 945 P2d 661 (1997)

In cases involving consecutive sentences that include incarceration for described offenses, court must first impose mandatory minimum sentence prescribed for described offenses, then limit imposition of consecutive sentences for all other offenses to not exceed greater of mandatory minimum term of incarceration under this section or sentencing guidelines maximum available term for consecutive sentences. State v. Langdon, 151 Or App 640, 950 P2d 410 (1997), aff’d 330 Or 72, 999 P2d 1127 (2000); State v. Skelton, 153 Or App 580, 957 P2d 585 (1998), Sup Ct review denied; State v. Quintero, 160 Or App 614, 982 P2d 543 (1999); State v. Sullivan, 172 Or App 688, 19 P3d 1001 (2001)

Where mandatory minimum sentence exceeds maximum guidelines sentence, minimum sentence requirement supersedes sentencing guidelines limit. State v. Ferman-Velasco, 157 Or App 415, 971 P2d 897 (1998), aff’d 333 Or 422, 41 P3d 404 (2002)

Sentence beyond mandatory minimum sentence is subject to reduction absent substantial and compelling reasons on record. State v. Dallavis, 294 Or App 567, 432 P3d 282 (2018), Sup Ct review denied

Law Review Citations

82 OLR 1 (2003); 23 LCLR 465 (2019)

137.010
Duty of court to ascertain and impose punishment
137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses
137.013
Appearance by victim at time of sentencing
137.017
Disposition of fines, costs and security deposits received by court
137.020
Time for pronouncing judgment
137.030
Presence of defendant at pronouncement of judgment
137.040
Bringing defendant in custody to pronouncement of judgment
137.050
Nonattendance or nonappearance of released defendant when attendance required by court
137.060
Form of bench warrant
137.070
Counties to which bench warrant may issue
137.071
Requirements for judgment documents
137.074
Fingerprints of convicted felons and certain misdemeanants required
137.076
Blood or buccal sample and thumbprint of certain convicted defendants required
137.077
Presentence report
137.079
Presentence report
137.080
Consideration of circumstances in aggravation or mitigation of punishment
137.085
Age and physical disability of victim as factors in sentencing
137.090
Considerations in determining aggravation or mitigation
137.100
Defendant as witness in relation to circumstances
137.101
Compensatory fine
137.103
Definitions for ORS 137.101 to 137.109
137.105
Authority of trial court during pendency of appeal
137.106
Restitution to victims
137.107
Authority of court to amend part of judgment relating to restitution
137.108
Restitution when defendant has entered into diversion agreement
137.109
Effect of restitution order on other remedies of victim
137.118
Assignment of judgments for collection of monetary obligation
137.120
Term of sentence
137.121
Maximum consecutive sentences
137.123
Provisions relating to concurrent and consecutive sentences
137.124
Commitment of defendant to Department of Corrections or county
137.126
Definitions for ORS 137.126 to 137.131
137.128
Community service as part of sentence
137.129
Length of community service sentence
137.131
Community service as condition of probation for offense involving graffiti
137.138
Forfeiture of weapons and revocation of hunting license for certain convictions
137.143
All monetary obligations constitute single obligation on part of convicted person
137.145
Definitions for ORS 137.145 to 137.159
137.146
Priorities for application of payments on criminal judgments entered in circuit courts
137.147
Priorities for application of payments on criminal judgments entered in local courts
137.149
Level I obligations in circuit court judgments
137.151
Level I obligations in local court judgments
137.153
Level II obligations in circuit court judgments
137.154
Level II obligations in local court judgments
137.155
Level III obligations in circuit court judgments
137.156
Level III obligations in local court judgments
137.157
Level IV obligations in circuit court judgments
137.158
Level IV obligations in local court judgments
137.159
Level V obligations in circuit court judgments
137.167
Imprisonment when county jail is not suitable for safe confinement
137.170
Entry of judgment in criminal action
137.172
Entry of corrected judgment
137.175
Judgment in criminal action that effects release of defendant
137.183
Interest on judgments
137.210
Taxation of costs against complainant
137.212
Clerk to prepare trial court file
137.218
Joint petition for reconsideration of conviction or sentence
137.221
Vacation of judgment of conviction for prostitution
137.222
Motion for reduction of marijuana conviction offense classification
137.223
Order setting aside judgment of guilty except for insanity
137.225
Order setting aside conviction or record of criminal charge
137.226
Eligibility for order setting aside certain marijuana convictions
137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person
137.228
Finding that defendant is alcoholic or drug-dependent person
137.229
Duty of Department of Corrections
137.230
Definitions for ORS 137.260
137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
137.270
Effect of felony conviction on property of defendant
137.275
Effect of felony conviction on civil and political rights of felon
137.281
Withdrawal of rights during term of incarceration
137.285
Retained rights of felon
137.286
Minimum fines for misdemeanors and felonies
137.300
Criminal Fine Account
137.301
Legislative findings
137.310
Authorizing execution of judgment
137.315
Electronic telecommunication of notice of judgment authorized
137.320
Delivery of defendant when committed to Department of Corrections
137.330
Where judgment of imprisonment in county jail is executed
137.333
Exception to ORS 137.330
137.370
Commencement and computation of term of imprisonment in state correctional institution
137.372
Credit for time served as part of probationary sentence
137.375
Release of prisoners whose terms expire on weekends or legal holidays
137.380
Discipline, treatment and employment of prisoners
137.390
Commencement, term and termination of term of imprisonment in county jail
137.440
Return by officer executing judgment
137.450
Enforcement of money judgment in criminal action
137.452
Satisfaction of monetary obligation imposed as part of sentence
137.463
Death warrant hearing
137.464
Administrative assessment of defendant’s mental capacity
137.466
Judicial determination of defendant’s mental capacity
137.467
Delivery of warrant when place of trial changed
137.473
Means of inflicting death
137.476
Assistance by licensed health care professional or nonlicensed medically trained person
137.478
Return of death warrant after execution of sentence of death
137.482
Service of documents on defendant
137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail
137.523
Custody of person sentenced to confinement as condition of probation
137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467
137.530
Investigation and report of parole and probation officers
137.532
Probation without entering plea
137.533
Probation without entering judgment of guilt
137.540
Conditions of probation
137.542
Probation conditions related to medical use of cannabis
137.545
Period of probation
137.547
Consolidation of probation violation proceedings
137.551
Revocation of probationary sentences
137.553
Use of citations for probation violations authorized
137.557
Citation
137.560
Copies of certain judgments to be sent to Department of Corrections
137.570
Authority to transfer probationer from one agency to another
137.580
Effect of transfer of probationer from one agency to another
137.590
Appointment of parole and probation officers and assistants
137.592
Policy regarding probation violations
137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations
137.595
Establishing system of sanctions
137.596
Probation violations
137.597
Probationer may consent to imposition of sanctions
137.599
Hearing prior to, or after, imposition of sanctions
137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge
137.620
Powers of parole and probation officers
137.630
Duties of parole and probation officers
137.633
Earned reduction of supervision period
137.635
Determinate sentences required for certain felony convictions
137.637
Determining length of determinate sentences
137.651
Definitions for ORS 137.654, 137.656 and 137.658
137.654
Oregon Criminal Justice Commission
137.656
Purpose and duties of commission
137.658
Authority of chairperson to create committees within commission
137.661
Agency cooperation with commission
137.662
Oregon Criminal Justice Commission Account
137.667
Amendments to sentencing guidelines
137.669
Guidelines control sentences
137.671
Authority of court to impose sentence outside guidelines
137.672
Aggravating factor sentencing rules relating to gender identity of victim
137.673
Validity of rules
137.674
Use of force data analysis
137.676
Development of method for district attorneys to record and report bias-related crime data
137.678
Analysis of bias-related crime and incident data
137.679
Restorative justice grant program
137.680
Development of specialty court standards
137.681
Innovative Grant Program
137.682
Innovative Grant Fund
137.683
Racial and ethnic impact statements for proposed legislation
137.685
Racial and ethnic impact statements for state measures
137.689
Oregon Crimefighting Act
137.690
Major felony sex crime
137.700
Offenses requiring imposition of mandatory minimum sentences
137.705
Definitions
137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court
137.709
Application of ORS 137.700 and 137.707
137.712
Exceptions to ORS 137.700 and 137.707
137.717
Presumptive sentences for certain property offenders
137.719
Presumptive life sentence for certain sex offenders upon third conviction
137.725
Presumptive life sentence for certain sex offenders upon second conviction
137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508
137.752
Requirements when defendant committed to custody of county
137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752
137.765
Sexually violent dangerous offenders
137.767
Presentence investigation and examination
137.769
Defendant’s right to independent examination
137.771
Resentencing hearing
137.924
Supervisory authority to provide information to agency directors
137.930
Criminal history data provider requirements
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