House Bill 2379

CRIME VICTIMS UNITED


CVU Helps Pass House Bill 2379

July 6, 2001

On July 6, 2001, the Oregon Legislature, with the support of Crime Victims United, passed legislation called House Bill 2379 (HB2379) which amended Measure 11. The term "Measure 11" is usually used to mean "Measure 11 as amended by HB2379 and by SB1049".

HB2379 allows people convicted of Rape II, Sexual Abuse I, Sexual Penetration II and Sodomy II under certain circumstances to be sentenced under Sentencing Guidelines, the more lenient pre-Measure 11 sentencing law designed by the Oregon Criminal Justice Commission.

For Rape II, Sodomy II and Sex Abuse, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim was between 12 and 14 years of age and
The victim's lack of consent was due solely to the victim's age and
The perpetrator was no more than five years older than the victim.
For Unlawful Sexual Penetration II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim was 12 years of age or older and
The victim's lack of consent was due solely to the victim's age and
The perpetrator was no more than five years older than the victim and
No object other than the hand was used to commit the crime.

Unlike SB1049, HB2379 was not retroactive. It applies to crimes committed on or after the enactment of HB2379, July 6, 2001.


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