2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 137
137.717. (1) When a court sentences a person convicted of: (a) Aggravated theft in the first degree under ORS 164.057, burglary in the first degree under ORS 164.225 or aggravated identity theft under ORS 165.803, 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, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415 or aggravated identity theft under ORS 165.803; or (B) Four or more previous convictions for any combination of the crimes listed in subsection (2) of this section. (b) Theft in the first degree under ORS 164.055, unauthorized use of a vehicle under ORS 164.135, burglary in the second degree under ORS 164.215, criminal mischief in the first degree under ORS 164.365, computer crime under ORS 164.377, forgery in the first degree under ORS 165.013, identity theft under ORS 165.800, possession of a stolen vehicle under ORS 819.300 or trafficking in stolen vehicles under ORS 819.310, 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, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803; or (B) Four or more previous convictions for any combination of the 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; (b) Theft in the first degree under ORS 164.055; (c) Aggravated theft in the first degree under ORS 164.057; (d) Unauthorized use of a vehicle under ORS 164.135; (e) Burglary in the second degree under ORS 164.215; (f) Burglary in the first degree under ORS 164.225; (g) Criminal mischief in the second degree under ORS 164.354; (h) Criminal mischief in the first degree under ORS 164.365; (i) Computer crime under ORS 164.377; (j) Forgery in the second degree under ORS 165.007; (k) Forgery in the first degree under ORS 165.013; (L) Criminal possession of a forged instrument in the second degree under ORS 165.017; (m) Criminal possession of a forged instrument in the first degree under ORS 165.022; (n) Fraudulent use of a credit card under ORS 165.055; (o) Identity theft under ORS 165.800; (p) Possession of a stolen vehicle under ORS 819.300; and (q) Trafficking in stolen vehicles under ORS 819.310. (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)(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. (5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079. (6) 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.

(1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057, burglary in the first degree under ORS 164.225 or aggravated identity theft under ORS 165.803, 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, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415 or aggravated identity theft under ORS 165.803; or

(B) Four or more previous convictions for any combination of the crimes listed in subsection (2) of this section.

(b) Theft in the first degree under ORS 164.055, unauthorized use of a vehicle under ORS 164.135, burglary in the second degree under ORS 164.215, criminal mischief in the first degree under ORS 164.365, computer crime under ORS 164.377, forgery in the first degree under ORS 165.013, identity theft under ORS 165.800, possession of a stolen vehicle under ORS 819.300 or trafficking in stolen vehicles under ORS 819.310, 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, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803; or

(B) Four or more previous convictions for any combination of the 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;

(b) Theft in the first degree under ORS 164.055;

(c) Aggravated theft in the first degree under ORS 164.057;

(d) Unauthorized use of a vehicle under ORS 164.135;

(e) Burglary in the second degree under ORS 164.215;

(f) Burglary in the first degree under ORS 164.225;

(g) Criminal mischief in the second degree under ORS 164.354;

(h) Criminal mischief in the first degree under ORS 164.365;

(i) Computer crime under ORS 164.377;

(j) Forgery in the second degree under ORS 165.007;

(k) Forgery in the first degree under ORS 165.013;

(L) Criminal possession of a forged instrument in the second degree under ORS 165.017;

(m) Criminal possession of a forged instrument in the first degree under ORS 165.022;

(n) Fraudulent use of a credit card under ORS 165.055;

(o) Identity theft under ORS 165.800;

(p) Possession of a stolen vehicle under ORS 819.300; and

(q) Trafficking in stolen vehicles under ORS 819.310.

(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)(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.

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

(6) 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.