2017 ORS 475.934¹
Sentencing of persons with previous conviction for controlled substance offense

(1) When a court sentences a person convicted of a crime listed in subsection (2) of this section, the court may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission if the person has a previous conviction for any of the crimes listed in subsection (2) of this section.

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

(a) Manufacture or delivery of a controlled substance under ORS 475.752 (Prohibited acts generally) (1);

(b) Creation or delivery of a counterfeit substance under ORS 475.752 (Prohibited acts generally) (2);

(c) Manufacture or delivery of heroin under ORS 475.846 (Unlawful manufacture of heroin), 475.848 (Unlawful manufacture of heroin within 1,000 feet of school), 475.850 (Unlawful delivery of heroin) or 475.852 (Unlawful delivery of heroin within 1,000 feet of school);

(d) Manufacture or delivery of 3,4-methylenedioxymethamphetamine under ORS 475.866 (Unlawful manufacture of 3,4-methylenedioxymethamphetamine), 475.868 (Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school), 475.870 (Unlawful delivery of 3,4-methylenedioxymethamphetamine) or 475.872 (Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school);

(e) Manufacture or delivery of cocaine under ORS 475.876 (Unlawful manufacture of cocaine), 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school), 475.880 (Unlawful delivery of cocaine) or 475.882 (Unlawful delivery of cocaine within 1,000 feet of school);

(f) Manufacture or delivery of methamphetamine under ORS 475.886 (Unlawful manufacture of methamphetamine), 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.890 (Unlawful delivery of methamphetamine) or 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school);

(g) Manufacture or delivery of a controlled substance within 1,000 feet of a school under ORS 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school);

(h) Delivery of a controlled substance to a person under 18 years of age under ORS 475.906 (Penalties for unlawful delivery to minors); and

(i) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967 (Possession of precursor substance with intent to manufacture controlled substance).

(3)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of sentence. 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.

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

(5) As used in this section, “previous conviction” includes convictions entered in any other state or federal court for comparable offenses. [2013 c.649 §11; 2017 c.21 §31]

Note: 475.934 (Sentencing of persons with previous conviction for controlled substance offense) becomes operative July 1, 2023, and applies to crimes committed on or after July 1, 2023. See section 12, chapter 649, Oregon Laws 2013.

Note: 475.934 (Sentencing of persons with previous conviction for controlled substance offense) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­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.