Felony Sentencing in Oregon Updates (July 2020)
The Felony Sentencing in Oregon updates are authored by Jesse Barton.
The July 2020 Updates to the “silver anniversary” (sixth) edition of this manual analyzes the Oregon Felony Sentencing Guidelines from their November 1, 1989 inception through their 2018 version, along with related statutes and constitutional provisions. The manual also analyzes significant case law issued through May 22, 2020.
The most significant legal developments relevant to this silver anniversary edition are the 2019 Legislature’s enactment of Senate Bill 1013, which reformed the sentencing schemes for the crimes of aggravated murder and murder, and Senate Bill 1008, which reformed the sentencing schemes for juveniles sentenced as adults. Although SB 1008 did not take effect until January 1, 2020, the manual’s Chapter 4 already discusses the bill. However, the Chapter 4 Update provides a revised discussion, which includes statutory citations that were not available at the time of the manual’s release.
The Chapter 4 Update addresses SB 1013, which took effect on September 29, 2019. The Update explains that the bill bifurcated the crime of murder into first-degree murder and second-degree murder. The presumptive sentence of first-degree murder is life imprisonment, with the possibility of parole after serving a determinate sentence of 30 years. Also for first-degree murder, SB 1013 ostensibly authorizes an aggravated departure of life without the possibility of parole. But this authority only is ostensible, because the departure scheme is subject to constitutional challenges, which, if successful, would prohibit imposing the departure sentence. The Appendix to the Chapter 4 Update provides a template for trial counsel’s use in challenging the departure scheme.
The PDF version of the updates is provided as a single PDF file.
Electronic download licenses are intended for the use of the purchasing member.