Chapter 475 — Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors

ORS 475.934 Sentencing of persons with previous conviction for controlled substance offense

(1)

When a court sentences a person convicted of a crime listed in subsection

(2)

of this section, the court may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission if the person has a previous conviction for any of the crimes listed in subsection (2) of this section.

(2)

The crimes to which subsection (1) of this section applies are:

(a)

Manufacture or delivery of a controlled substance under ORS 475.752 (1);

(b)

Creation or delivery of a counterfeit substance under ORS 475.752 (2);

(c)

Manufacture or delivery of heroin under ORS 475.846, 475.848, 475.850 or 475.852;

(d)

Manufacture or delivery of 3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868, 475.870 or 475.872;

(e)

Manufacture or delivery of cocaine under ORS 475.876, 475.878, 475.880 or 475.882;

(f)

Manufacture or delivery of methamphetamine under ORS 475.886, 475.888, 475.890 or 475.892;

(g)

Manufacture or delivery of a controlled substance within 1,000 feet of a school under ORS 475.904;

(h)

Delivery of a controlled substance to a person under 18 years of age under ORS 475.906; and

(i)

Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967.

(3)(a)

For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of sentence. 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.

(4)

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

(5)

As used in this section, “previous conviction” includes convictions entered in any other state or federal court for comparable offenses.

Note: 475.934 becomes operative July 1, 2033, and

applies to crimes committed on or after July 1, 2033. See section 12, chapter 649, Oregon Laws 2013, as amended by section 23, chapter 78, Oregon Laws 2022, and section 4, chapter 572, Oregon Laws 2023.

Note: 475.934 was enacted into law by the Legislative

Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative

action. See Preface to Oregon Revised Statutes for further explanation.