2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 137 - Judgment and Execution; Parole and Probation by the Court
Section 137.676 - Development of method for district attorneys to record and report bias-related crime data; rules.
(1)(a) No later than July 1, 2020, the Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this section and report the data to the commission.
(b) The commission shall analyze the data reported under this section to identify gaps or weaknesses in the investigation, presentation, prosecution and sanctioning of crimes motivated by bias.
(2) The data subject to recording and reporting under this section includes, at a minimum, the following data concerning any crime or alleged crime in which the bias of the actor was, in whole or in part, a motivating factor in the commission of the crime or alleged crime:
(a) Charges presented to the district attorney for prosecution;
(b) Cases issued by the district attorney;
(c) Charges indicted;
(d) Sentencing enhancements requested;
(e) Sentences imposed, including conditions of supervision;
(f) Charges to which a defendant enters a plea of guilty or no contest; and
(g) Trial outcomes.
(3) No later than July 1, 2020, the district attorneys of Multnomah County and two additional counties identified by the commission shall begin to record the data described in subsection (2) of this section. The counties shall report the data to the commission using the method identified in subsection (1) of this section.
(4)(a) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to analyze the data received under subsection (3) of this section.
(b) The commission shall analyze all data received under subsection (3) of this section using the selected methodology.
(5) No later than July 1, 2021, the commission shall report on the analysis of the data received under subsection (3) of this section to the Legislative Assembly in the manner provided under ORS 192.245.
(6) After completing the report described in subsection (5) of this section, the commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall make any necessary refinements to the data reporting, recording and analysis methodologies.
(7) No later than July 1, 2022, the district attorney of each county in this state shall record the data described in subsection (2) of this section and report the data to the commission.
(8) The data reported to, and maintained by, the commission under this section:
(a) Shall be used only for statistical purposes and not for any other purpose.
(b) Is exempt from public disclosure if the data directly identifies any individual involved in the crime or alleged crime described in subsection (2) of this section.
(9) Any data recorded by a district attorney under this section that reveals the identity of any individual is exempt from public disclosure.
(10) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 §5]
Note: The amendments to 137.676 by section 6, chapter 553, Oregon Laws 2019, become operative January 2, 2023. See section 19, chapter 553, Oregon Laws 2019. The text that is operative on and after January 2, 2023, is set forth for the user’s convenience.
(1)(a) The Oregon Criminal Justice Commission, in consultation with the Oregon District Attorneys Association and the Department of State Police, shall develop and implement a standardized method for district attorneys to record the data described in subsection (2) of this section and report the data to the commission.
(b) The commission shall analyze the data reported under this section to identify gaps or weaknesses in the investigation, presentation, prosecution and sanctioning of crimes motivated by bias.
(2) The data subject to recording and reporting under this section includes, at a minimum, the following data concerning any crime or alleged crime in which the bias of the actor was, in whole or in part, a motivating factor in the commission of the crime or alleged crime:
(a) Charges presented to the district attorney for prosecution;
(b) Cases issued by the district attorney;
(c) Charges indicted;
(d) Sentencing enhancements requested;
(e) Sentences imposed, including conditions of supervision;
(f) Charges to which a defendant enters a plea of guilty or no contest; and
(g) Trial outcomes.
(3) The district attorney of each county in this state shall record the data described in subsection (2) of this section and report the data to the commission.
(4) The data reported to, and maintained by, the commission under this section:
(a) Shall be used only for statistical purposes and not for any other purpose.
(b) Is exempt from public disclosure if the data directly identifies any individual involved in the crime or alleged crime described in subsection (2) of this section.
(5) Any data recorded by a district attorney under this section that reveals the identity of any individual is exempt from public disclosure.
(6) The commission may adopt rules to carry out the provisions of this section.
Note: 137.676 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.
