2011 ORS § 137.717¹
Presumptive sentences for certain property offenders

(1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), burglary in the first degree under ORS 164.225 (Burglary in the first degree), robbery in the third degree under ORS 164.395 (Robbery in the third degree), identity theft under ORS 165.800 (Identity theft) or aggravated identity theft under ORS 165.803 (Aggravated identity theft), the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), burglary in the first degree under ORS 164.225 (Burglary in the first degree), robbery in the third degree under ORS 164.395 (Robbery in the third degree), robbery in the second degree under ORS 164.405 (Robbery in the second degree), robbery in the first degree under ORS 164.415 (Robbery in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft);

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree), unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle), mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail), burglary in the second degree under ORS 164.215 (Burglary in the second degree), criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree), computer crime under ORS 164.377 (Computer crime), forgery in the first degree under ORS 165.013 (Forgery in the first degree), criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree), fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) or trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles), the presumptive sentence is 18 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle), burglary in the first degree under ORS 164.225 (Burglary in the first degree), robbery in the third degree under ORS 164.395 (Robbery in the third degree), robbery in the second degree under ORS 164.405 (Robbery in the second degree), robbery in the first degree under ORS 164.415 (Robbery in the first degree), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle), trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft);

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(2) The crimes to which subsection (1) of this section applies are:

(a) Theft in the second degree under ORS 164.045 (Theft in the second degree);

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree);

(c) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree);

(d) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle);

(e) Mail theft or receipt of stolen mail under ORS 164.162 (Mail theft or receipt of stolen mail);

(f) Burglary in the second degree under ORS 164.215 (Burglary in the second degree);

(g) Burglary in the first degree under ORS 164.225 (Burglary in the first degree);

(h) Criminal mischief in the second degree under ORS 164.354 (Criminal mischief in the second degree);

(i) Criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree);

(j) Computer crime under ORS 164.377 (Computer crime);

(k) Forgery in the second degree under ORS 165.007 (Forgery in the second degree);

(L) Forgery in the first degree under ORS 165.013 (Forgery in the first degree);

(m) Criminal possession of a forged instrument in the second degree under ORS 165.017 (Criminal possession of a forged instrument in the second degree);

(n) Criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree);

(o) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card);

(p) Identity theft under ORS 165.800 (Identity theft);

(q) Possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle);

(r) Trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles); and

(s) Any attempt to commit a crime listed in this subsection.

(3)(a) A presumptive sentence described in subsection (1) of this section shall be increased by two months for each previous conviction the person has that:

(A) Was for any of the crimes listed in subsection (1) or (2) of this section; and

(B) Was not used as a predicate for the presumptive sentence described in subsection (1) of this section.

(b) Previous convictions may not increase a presumptive sentence described in subsection (1) of this section by more than 12 months under this subsection.

(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.

(5) Notwithstanding subsection (4)(b) of this section, the court may not sentence a person under subsection (4) of this section to a term of incarceration that exceeds the period of time described in ORS 161.605 (Maximum prison terms for felonies).

(6) The court shall sentence a person under this section to at least the presumptive sentence described in subsection (1) or (3) of this section, unless the parties stipulate otherwise or the court finds that:

(a) The person was not on probation, parole or post-prison supervision for a crime listed in subsection (1) of this section at the time of the commission of the current crime of conviction;

(b) The person has not previously received a downward departure from a presumptive sentence for a crime listed in subsection (1) of this section;

(c) The harm or loss caused by the crime is not greater than usual for that type of crime; and

(d) In consideration of the nature of the offense and the harm to the victim, a downward departure will:

(A) Increase public safety;

(B) Enhance the likelihood that the person will be rehabilitated; and

(C) Not unduly reduce the appropriate punishment.

(7)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(8) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report).

(9) As used in this section:

(a) Downward departure means a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission.

(b) Previous conviction includes:

(A) Convictions occurring before, on or after July 1, 2003; and

(B) Convictions entered in any other state or federal court for comparable offenses. [1996 c.3 §1; 1999 c.1022 §§2,4,7; 2001 c.784 §1; 2007 c.584 §2; 2008 c.14 §7; 2009 c.660 §§8,11]

Note 1: The amendments to ORS 137.717 (Presumptive sentences for certain property offenders) by section 11, chapter 660, Oregon Laws 2009, became operative January 1, 2012, and apply to sentences imposed for crimes committed on or after January 1, 2012. See section 48 (4) [renumbered to (3) by amendment in 2011], chapter 660, Oregon Laws 2009, as amended by section 5, chapter 2, Oregon Laws 2010, and section 3, chapter 596, Oregon Laws 2011. See also section 49 (5), chapter 660, Oregon Laws 2009, as amended by section 6, chapter 2, Oregon Laws 2010, section 2, chapter 498, Oregon Laws 2011, and section 4, chapter 596, Oregon Laws 2011.

Note 2: The amendments to ORS 137.717 (Presumptive sentences for certain property offenders) by section 8, chapter 660, Oregon Laws 2009, were operative from February 15, 2010, until January 1, 2012, and apply to sentences imposed on or after February 15, 2010, for crimes committed on or after January 1, 2009, and before January 1, 2012. See section 48 (3) [renumbered to (2) by amendment in 2011], chapter 660, Oregon Laws 2009, as amended by section 5, chapter 2, Oregon Laws 2010, and section 3, chapter 596, Oregon Laws 2011. See also section 49 (4), chapter 660, Oregon Laws 2009, as amended by section 6, chapter 2, Oregon Laws 2010, section 2, chapter 498, Oregon Laws 2011, and section 4, chapter 596, Oregon Laws 2011. The text that was operative until January 1, 2012, is set forth for the users convenience.

137.717 (Presumptive sentences for certain property offenders). (1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), burglary in the first degree under ORS 164.225 (Burglary in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft), the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), burglary in the first degree under ORS 164.225 (Burglary in the first degree), robbery in the second degree under ORS 164.405 (Robbery in the second degree), robbery in the first degree under ORS 164.415 (Robbery in the first degree) or aggravated identity theft under ORS 165.803 (Aggravated identity theft); or

(B) Four or more previous convictions for any combination of the crimes listed in subsection (2) of this section.

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree), unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle), burglary in the second degree under ORS 164.215 (Burglary in the second degree), criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree), computer crime under ORS 164.377 (Computer crime), forgery in the first degree under ORS 165.013 (Forgery in the first degree), identity theft under ORS 165.800 (Identity theft), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle) or trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles), the presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree), unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle), burglary in the first degree under ORS 164.225 (Burglary in the first degree), robbery in the second degree under ORS 164.405 (Robbery in the second degree), robbery in the first degree under ORS 164.415 (Robbery in the first degree), possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle), trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles) or aggravated identity theft under ORS 165.803 (Aggravated identity theft); or

(B) Four or more previous convictions for any combination of the crimes listed in subsection (2) of this section.

(2) The crimes to which subsection (1) of this section applies are:

(a) Theft in the second degree under ORS 164.045 (Theft in the second degree);

(b) Theft in the first degree under ORS 164.055 (Theft in the first degree);

(c) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree);

(d) Unauthorized use of a vehicle under ORS 164.135 (Unauthorized use of a vehicle);

(e) Burglary in the second degree under ORS 164.215 (Burglary in the second degree);

(f) Burglary in the first degree under ORS 164.225 (Burglary in the first degree);

(g) Criminal mischief in the second degree under ORS 164.354 (Criminal mischief in the second degree);

(h) Criminal mischief in the first degree under ORS 164.365 (Criminal mischief in the first degree);

(i) Computer crime under ORS 164.377 (Computer crime);

(j) Forgery in the second degree under ORS 165.007 (Forgery in the second degree);

(k) Forgery in the first degree under ORS 165.013 (Forgery in the first degree);

(L) Criminal possession of a forged instrument in the second degree under ORS 165.017 (Criminal possession of a forged instrument in the second degree);

(m) Criminal possession of a forged instrument in the first degree under ORS 165.022 (Criminal possession of a forged instrument in the first degree);

(n) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card);

(o) Identity theft under ORS 165.800 (Identity theft);

(p) Possession of a stolen vehicle under ORS 819.300 (Possession of a stolen vehicle); and

(q) Trafficking in stolen vehicles under ORS 819.310 (Trafficking in stolen vehicles).

(3) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.

(4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report).

(6) As used in this section, previous conviction includes:

(a) Convictions occurring before, on or after July 1, 2003; and

(b) Convictions entered in any other state or federal court for comparable offenses.

Note 3: 137.717 (Presumptive sentences for certain property offenders) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.