Caption: Amends Oregon sentencing
guidelines in light of Oregon Laws 2011, Chapter 666 (House Bill 2940).
Order No.: CJC 2-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 1-1-12 thru 4-27-12
Rules Amended: 213-003-0001, 213-017-0006
Rules Suspended: 213-003-0001(T), 213-017-0006(T)
Subject: HB 2940 (2011) becomes effective on January 1, 2012.
Section 1 of HB 2940 makes the crime of strangulation under ORS 163.187 a Class
C felony under certain circumstances. The Criminal Justice Commission (CJC) is
required under ORS 137.667 to review all legislation creating new crimes or
modifying existing crimes, and to adopt by rule necessary changes to the crime
seriousness scale. The rule change is necessary to comply with that legislative
directive. By statute CJC also may classify offenses as person felonies or
person misdemeanors. ORS 137.667(1). CJC has reviewed the legislation creating
the new felony, and has voted to classify that felony as a person felony. The
temporary rule will put that classification and the change to the crime
seriousness scale into effect by the January 1, 2012 effective date of the
legislation that created the new felony offense. The rule amendments classify
felony strangulation committed under ORS 163.187(4) as a person felony and as a
Crime Category 6 on the crime seriousness scale. The rule changes also include
numbering changes necessitated by adding to the list of numerically ordered
crimes, and updated statutory citations.
Rules Coordinator: Craig Prins—(503) 378-4830
As used in these rules:
(1) “Bench probation” means a probationary sentence,
which directs the probationer to remain under the supervision and control of
the sentencing judge.
(2) “Board” means the State Board of Parole and
(3) “Correctional supervision status” means any form of
incarcerative or non-incarcerative supervision which is served by an offender
as part of a sentence for a criminal conviction.
(4) “Department” means the Department of Corrections.
(5) “Departure” means a sentence, except an optional
probationary sentence, which is inconsistent with the presumptive sentence for
(6) “Dispositional departure” means a sentence which
imposes probation when the presumptive sentence is prison or prison when the
presumptive sentence is probation. An optional probationary sentence is not a
(7) “Dispositional line” means the solid black line on
the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in
which the presumptive sentence is a term of imprisonment and post-prison
supervision from the grid blocks in which the presumptive sentence is probation
which may include local custodial sanctions. [Appendix not included. See ED.
(8) “Durational departure” means a sentence which is
inconsistent with the presumptive sentence as to term of incarceration, term of
supervised probation or number of sanction units which may be imposed as a
condition of probation.
(9) “Grid” means the Sentencing Guidelines Grid set
forth as Appendix 1. [Appendix not included. See ED. NOTE.]
(10) “Grid block” means a box on the grid formed by the
intersection of the crime seriousness ranking of a current crime of conviction
and an offender’s criminal history classification.
(11) “Juvenile adjudication” means a formal
adjudication or finding by a court that the juvenile has committed an act,
which, if committed by an adult, would be punishable as a felony.
(12) “Non-person felonies” are any felonies not defined
as a person felony in section (14) of this rule.
(13) “Optional probationary sentence” means any
probationary sentence imposed pursuant to OAR 213-005-0006.
(14) “Person felonies” are in numerical statutory
order: ORS 162.165 Escape I; ORS 162.185 Supplying Contraband as defined in
Crime Categories 6 and 7 (OAR 213-018-0070(1) and (2)); ORS 163.095 Aggravated
Murder; ORS 163.115 Murder; ORS 163.115 Felony Murder; ORS 163.118 Manslaughter
I; ORS 163.125 Manslaughter II; ORS 163.145 Negligent Homicide; ORS 163.160(3)
Felony Domestic Assault; ORS 163.165 Assault III; ORS 163.175 Assault II; ORS
163.185 Assault I; ORS 163.187(4) Felony Strangulation; ORS 163.205 Criminal
Mistreatment I; ORS 163.207 Female Genital Mutilation; ORS 163.208 Assaulting a
Public Safety Officer; ORS 163.213 Use of Stun Gun, Tear Gas, Mace I; ORS
163.225 Kidnapping II; ORS 163.235 Kidnapping I; ORS 163.275 Coercion as
defined in Crime Category 7 (OAR 213-018-0035(1)); ORS 163.355 Rape III; ORS
163.365 Rape II; ORS 163.375 Rape I; ORS 163.385 Sodomy III; ORS 163.395 Sodomy
II; ORS 163.405 Sodomy I; ORS 163.408 Sexual Penetration II; ORS 163.411 Sexual
Penetration I; ORS 163.425 Sexual Abuse II; ORS 163.427 Sexual Abuse I; ORS
163.465 Felony Public Indecency; ORS 163.479 Unlawful Contact with a Child; ORS
163.452 Custodial Sexual Misconduct in the First Degree; ORS 163.525 Incest;
ORS 163.535 Abandon Child; ORS 163.537 Buying/Selling Custody of a Minor; ORS
163.547 Child Neglect I; ORS 163.670 Using Child In Display of Sexual Conduct;
ORS 163.684 Encouraging Child Sex Abuse I; ORS 163.686 Encouraging Child Sex
Abuse II; ORS 163.688, Possession of Material Depicting Sexually Explicit
Conduct of Child I; ORS 163.689, Possession of Material Depicting Sexually
Explicit Conduct of Child II; ORS 163.732 Stalking; ORS 163.750 Violation of
Court’s Stalking Order; ORS 164.075 Theft by Extortion as defined in Crime
Category 7 (OAR 213-018-0075(1)); ORS 164.225 Burglary I as defined in Crime
Categories 8 and 9 (OAR 213-018-0025(1) and (2)); ORS 164.325 Arson I; ORS
164.395 Robbery III; ORS 164.405 Robbery II; ORS 164.415 Robbery I; ORS
164.877(3) Tree Spiking (Injury); ORS 166.087 Abuse of Corpse I; ORS 166.165
Intimidation I; ORS 166.220 Unlawful Use of a Weapon; ORS 166.275 Inmate In
Possession of Weapon; ORS 166.385(3), Felony Possession of a Hoax Destructive
Device; ORS 166.643 Unlawful Possession of Soft Body Armor as defined in Crime
Category 6 (OAR 213-018-0090(1)); ORS 167.012 Promoting Prostitution; ORS 167.017
Compelling Prostitution; ORS 167.320(4) Felony Animal Abuse I; ORS 167.322
Aggravated Animal Abuse I; ORS 468.951 Environmental Endangerment; ORS 475.908
Causing Another to Ingest a Controlled Substance as defined in Crime Categories
8 and 9 (OAR 213-019-0007 and 0008); ORS 475.910 Unlawful Administration of a
Controlled Substance as defined in Crime Categories 5, 8, and 9 (OAR
213-019-0007, 0008, and 0011); ORS 609.990(3)(b) Maintaining Dangerous Dog; ORS
811.705 Hit and Run Vehicle (Injury); ORS 813.010(5), Felony Driving Under the
Influence of Intoxicants (as provided in OAR 213-004-0009); 2011 Or Laws ch
598, Felony Driving Under the Influence of Intoxicants (as provided in OAR
213-004-0009); ORS 830.475(2) Hit and Run Boat; ORS 97.981 Purchase or Sale of
a Body Part for Transplantation or Therapy, ORS 97.982 Alteration of a Document
of Gift; Subjecting Another Person to Involuntary Servitude I ORS 163,264, and
II ORS 163.422, Trafficking in Persons; ORS 166.149 Aggravated Vehicular
Homicide; ORS 167.057 Luring a Minor; Online Sexual Corruption of a Child I ORS
163.433, and II 163.422; ORS 166.070 Aggravated Harassment; 163.196; Aggravated
Driving While Suspended or Revoked ORS 475.840(6)(a); Manufacturing or
Delivering a Schedule IV Controlled Substance Thereby Causing Death to a
Person; and attempts or solicitations to commit any Class A or Class B person
felonies as defined herein.
(15) “Person Class A misdemeanors” are in numerical
statutory order: ORS 162.315 Resisting Arrest; ORS 163.160 Assault IV; ORS
163.187 Strangulation; ORS 163.190 Menacing; ORS 163.195 Recklessly Endanger
Another; ORS 163.200 Criminal Mistreatment II; ORS 163.212 Use of Stun Gun,
Tear Gas, Mace II; ORS 163.415 Sexual Abuse III; ORS 163.454 Custodial Sexual
Misconduct in the Second Degree; ORS 163.465, Public Indecency; ORS 163.467
Private Indecency; ORS 163.476 Unlawfully Being in a Location Where Children
Regularly Congregate; ORS 163.545 Child Neglect II; ORS 163.575 Endanger
Welfare of Minor; ORS 163.687 Encouraging Child Sex Abuse III; ORS 163.700
Invasion of Personal Privacy; ORS 163.709 Unlawfully Directing a Laser Pointer;
ORS 163.732(1) Stalking; ORS 163.750(1) Violating Court’s Stalking Order; ORS
165.572 Interfering with Making a Police Report; ORS 166.065(4) Harassment/Offensive
Sexual Contact; ORS 166.155 Intimidation II; ORS 166.385(2) Misdemeanor
Possession of a Hoax Destructive Device; ORS 475.986(1)(d) Unlawful
Administration of a Controlled Substance; ORS 609.990(3)(a) Maintaining
Dangerous Dog; ORS 813.010, Driving Under the Influence of Intoxicants (as
provided in OAR 213-004-0009); ORS 167.054 Furnishing Sexually Explicit
Material to a Child; and attempts or solicitations to commit any Class C person
felonies as defined in section (14) of this rule.
(16) “Presumptive sentence” means the sentence provided
in a grid block for an offender classified in that grid block by the combined
effect of the crime seriousness ranking of the current crime of conviction and
the offender’s criminal history or a sentence designated as a presumptive
sentence by statute.
(17) “Primary offense” means the offense of conviction
with the highest crime seriousness ranking. If more than one offense of
conviction is classified in the same crime category, the sentencing judge shall
designate which offense is the primary offense.
(18) “Supervisory agent” means the local community
corrections agency responsible for supervising the offender.
(19) “Supervisory authority” means the state and local
corrections agency or official designated in each county by that county’s Board
of County Commissioners or county court to operate corrections supervision
services, custodial facilities or both.
(20) “Straight jail” means a sentence of jail imposed
instead of a presumptive probationary sentence that is not followed by a term
of post-prison supervision defined in OAR 213-005-0002.
[ED. NOTE: Appendices referenced
are available from the agency.]
(71) ORS 811.182 – DRIVING WHILE
SUSPENDED/REVOKED – (C).
(72) ORS 811.705 – HIT & RUN VEHICLE (INJURY)
(73) ORS 813.010(5) – FELONY DRIVING UNDER THE
INFLUENCE – (C).
(74) ORS 819.300 – POSSESSION OF STOLEN VEHICLE*
(75) ORS 819.310 – TRAFFICKING IN STOLEN VEHICLES
If part of an organized operation
or if value of property taken from one or more victims was greater than
$50,000; otherwise CC 5.
(76) ORS 830.475 – HIT AND RUN BOAT – (C).
* Property offenses marked with an
asterisk shall be ranked at Crime Category 6 if the value of the property
stolen or destroyed was $50,000 or more, excluding the theft of a motor vehicle
used primarily for personal rather than commercial transportation.
Stat. Auth.: ORS 137.667, 2003 OL
Ch. 453, & 2009 OL Ch. 660
Stats. Implemented: ORS 137.667 -
137.669, 2001 OL Ch. 147, 635, 828 2003 2001 OL Ch. 383, 453, 543, 2005 OL Ch.
708, 2007 OL Ch. 684, 811, 869, 876, SB 1087 (2008), Ballot Measure 57 (2008),
& 2009 OL Ch. 660 & HB 3508 (2009) & 2009 OL Ch. 783; 2011 OL Ch. 3
§1; 2011 OL Ch. 598; 2011 OL Ch. 666
Hist.: CJC 1-1999, f. & cert.
ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f.
12-31-03, cert. ef. 1-1-04; CJC 1-2005(Temp), f. & cert. ef. 10-14-05 thru
4-12-06; CJC 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 &
cert. ef. 1-1-08; CJC 2-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-29-09;
CJC 2-2009(Temp), f. 3-24-09, cert. ef. 1-1-10 thru 6-29-10; CJC 3-2009(Temp),
f. & cert. ef. 6-17-09 thru 12-13-09; CJC 4-2009(Temp), f. & cert. ef.
9-16-09 thru 3-14-10; CJC 5-2009, f. 12-11-09, cert. ef. 12-13-09; CJC 7-2009,
f. 12-31-09, cert. ef. 1-1-10; CJC 3-2010(Temp), f. & cert. ef. 6-30-10
thru 12-26-10; CJC 5-2010, f. 12-13-10, cert. ef. 12-26-10; CJC 1-2011(Temp),
f. & cert. ef. 11-1-11 thru 4-27-12; CJC 2-2011(Temp), f. 12-30-11, cert.
ef. 1-1-12 thru 4-27-12
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.