2007 ORS 137.717¹
Additional offenses requiring imposition of presumptive sentences

(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 previous convictions for any combination of the other 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 previous convictions for any combination of the other 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) 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.

(5)(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.

(6) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079 (Presentence report). [1996 c.3 §1; 1999 c.1022 §§2,4,7; 2001 c.784 §1; 2007 c.584 §2]

Note: 137.717 (Additional offenses requiring imposition of presumptive sentences) 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

Sentence exceeding re­quired departure sen­tence of 13 months incarcera­tion requires making findings supporting addi­tional departure. State v. Bagley, 158 Or App 589, 976 P2d 75 (1999)

Mandatory min­i­mum sen­tence under 1997 version of this sec­tion superseded conflicting sen­ten­cing guide­line providing shorter limit on consecutive sen­tences. State v. Young, 183 Or App 400, 52 P3d 1102 (2002)

Although presumptive sen­tence is de­scribed as being applicable when court sen­tences per­son, defendant is not entitled to retroactive applica­tion of favorable amend­ments adopted after com­mis­sion of of­fense but before sen­ten­cing. State v. Sauer, 205 Or App 428, 134 P3d 1050 (2006), Sup Ct review denied

Whether con­vic­­tions arose out of same crim­i­nal episode is tradi­tional factor to be considered by judge at sen­ten­cing unless it requires factfinding beyond determina­tion of what is in court records. State v. Mallory, 213 Or App 392, 162 P3d 297 (2007)

Law Review Cita­tions

75 OLR 1223 (1996)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.