HB 3583
Requires the sentencing court to consider as mitigation evidence whether the defendant was subjected to domestic violence that was ongoing when the criminal behavior occurred and was a significant factor in the criminal behavior, and the criminal behavior was directed against the domestic violence perpetrator.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes sentencing for domestic violence survivors by requiring sentencing courts to consider evidence of ongoing domestic violence as a mitigating factor. Specifically, it mandates that the court consider if the defendant was subjected to domestic violence that was ongoing when the criminal behavior occurred and was a significant factor in the behavior, and if the criminal behavior was directed against the domestic violence perpetrator. This evidence can justify a reduced sentence, even if a mandatory minimum sentence applies. The bill also addresses sentencing for other offenses, including aggravated theft and robbery, and provides for potential reductions based on prior convictions or mitigating circumstances.
Key provisions
- Requires sentencing courts to consider ongoing domestic violence as mitigating evidence.
- Establishes substantial and compelling reasons justifying a downward departure sentence when domestic violence is considered.
- Addresses sentencing for aggravated theft, robbery, and other offenses, with potential for reduced sentences based on prior convictions.
- Modifies ORS 137.635, 137.690, 137.700, 137.707, 137.717, 138.105, 138.115, 144.110, 161.620, 163.107, 163.115, 163.155, 420.240, 421.121, 421.168 and 475.930 to align with the new sentencing guidelines.
- Allows for a hearing and potential transfer to juvenile court for certain cases involving waiver of jurisdiction.
- Provides for a potential reduction in sentence for individuals convicted of crimes committed while under supervision for a prior conviction.
Who is affected
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