2017 ORS 137.725¹
Presumptive life sentence for certain sex offenders upon second conviction

(1) The presumptive sentence for a crime described in subsection (3) of this section is life imprisonment without the possibility of release or parole if, at the time of the offense, the defendant has a prior conviction for a crime described in subsection (4) of this section.

(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) The crimes to which the sentence described in subsection (1) of this section applies are:

(a) Rape in the first degree under ORS 163.375 (Rape in the first degree);

(b) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree); and

(c) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree).

(4) The prior convictions that give rise to a sentence described in subsection (1) of this section are:

(a) Rape in the first degree under ORS 163.375 (Rape in the first degree);

(b) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree);

(c) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree);

(d) An equivalent federal offense; and

(e) An equivalent offense in another state. [2017 c.699 §1]

Note: 137.725 (Presumptive life sentence for certain sex offenders upon second 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.

SENTENCING REQUIREMENTS CONCERNING DEFENDANT’S ELIGIBILITY FOR CERTAIN TYPES OF LEAVE, RELEASE OR PROGRAMS

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.