Senate Bill 1049
CRIME VICTIMS UNITED
In 1997, the Oregon Legislature, with the support of Crime Victims United, passed legislation called Senate Bill 1049 (SB1049) which amended Measure 11. The term "Measure 11" is usually used to mean "Measure 11 as amended by SB1049 and HB2379".
SB1049 allows people convicted of certain crimes under certain circumstances to be sentenced under Sentencing Guidelines, the more lenient pre-Measure 11 sentencing law designed by the Oregon Criminal Justice Commission. It also set minimum mandatory sentences for the additional crimes of Arson I, using a child in a display of sexually explicit conduct, and compelling prostitution. Arson I is a Measure 11 crime only "when the offense represented a threat of serious physical injury".
Excerpts from Chapter 852 of Oregon Laws 1997:
SECTION 1. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of assault in the second degree as defined in ORS 163.175 (1)(b), kidnapping in the second degree as defined in ORS 163.225 or robbery in the second degree as defined in ORS 164.405, the court may impose a sentence according to the rules of the Oregon Criminal Justice Commission that is less than the minimum sentence that otherwise may be required by ORS 137.700 or 137.707 if the court, on the record at sentencing, makes the findings set forth in subsection (2) of this section and finds that a substantial and compelling reason under the rules of the Oregon Criminal Justice Commission justifies the lesser sentence. When the court imposes a sentence under this subsection, the person is eligible for a reduction in the sentences as provided in ORS 421.121 and any other statute.
. . .
(2) A conviction is subject to subsection (1) of this section only if the sentencing court finds on the record by a preponderance of the evidence:
(a) If the conviction is for assault in the second degree:
(A) That the victim was not physically injured by means of a deadly weapon;
(B) That the victim did not suffer a significant physical injury; and
(C) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.
(b) If the conviction is for kidnapping in the second degree:
(A) That the victim was at least 12 years of age at the time the crime was committed; and
(B) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.
(c) If the conviction is for robbery in the second degree:
(A) That the victim did not suffer a significant physical injury;
(B) That, if the defendant represented by words or conduct that the defendant was armed with a dangerous weapon, the representation did not reasonably put the victim in fear of imminent physical injury; and
(D) That the defendant does not have a previous conviction for a crime listed in subsection (4) of this section.
. . .
(c) "Significant physical injury" means a physical injury that:
(A) Creates of risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of any bodily organ.
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