2017 ORS 137.719¹
Presumptive life sentence for certain sex offenders upon third conviction

(1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.

(2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons.

(3) For purposes of this section:

(a) Sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence; and

(b) A prior sentence includes:

(A) Sentences imposed before, on or after July 31, 2001; and

(B) Sentences imposed by any other state or federal court for comparable offenses.

(4) As used in this section, “sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235). [2001 c.884 §4]

Note: 137.719 (Presumptive life sentence for certain sex offenders upon third conviction) 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.

Notes of Decisions

Imposi­tion of life sen­tence on recidivist sex offender does not violate require­ment in sec­tion 16, Article I of Oregon Constitu­tion, that punish­ment be propor­tional to of­fense. State v. Wheeler, 343 Or 652, 175 P3d 438 (2007)

Whether prior court disposi­tion constitutes sen­tence depends on whether disposi­tion was classified as sen­tence at time that court ordered disposi­tion, not on whether disposi­tion currently is classified as sen­tence. Gordon v. Hall, 232 Or App 174, 221 P3d 763 (2009)

Where defendant was convicted of fourth and fifth public indecency crimes but had never been convicted of any other sex crime, and under this sec­tion defendant was sen­tenced to two consecutive terms of life in prison without possibility of release, penalty was unconstitu­tionally dispropor­tionate to crimes under Article I, sec­tion 16, Oregon Constitu­tion, because defendant’s public indecency episodes were not accompanied by violence or force or any other forcibly violent sexual con­duct. State v. Davidson, 271 Or App 719, 353 P3d 2 (2015), aff’d 360 Or 370, 380 P3d 963 (2016)

Sentence imposed under this sec­tion does not come within class of sen­tences to which [former] ORS 138.222 applies; thus, presumptive life sen­tence imposed under this sec­tion is not barred from direct appellate review. State v. Althouse, 359 Or 668, 375 P3d 475 (2016)

As used in this sec­tion, “comparable of­fenses” refers to of­fenses with ele­ments that are same as or nearly same as ele­ments of Oregon felony sex crime, not to of­fenses that merely share core similarity with such of­fense; thus, where defendant’s con­vic­­tions from an­oth­er state were not comparable to qualifying Oregon of­fense, court erred in imposing presumptive life sen­tence under this sec­tion. State v. Carlton, 361 Or 29, 388 P3d 1093 (2017)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano137.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.