IMPORTANT NEW LAWS PASSED

Posted October/12/2009

IMPORTANT NEW LAWS PASSED BY THE 2009 OREGON LEGISLATURE IN THE AREA OF CRIMINAL LAW AND PROCEDURE

The 2009 session of the Oregon Legislature enacted more than 125 bills that have an impact on Criminal law and procedure. Some of these new laws impact our clients in a major way. The most important new laws are summarized in this article.

EXPUNGEMENT
In an important change, HB 2318 now allows us to expunge certain traffic matters. Previously, ORS 137.225 disallowed expungement of a traffic matter, even where the charge was dismissed or the accused was found Not Guilty. Pursuant to HB 2318, which takes effect on January 1, 2010, we can set aside arrest and court records for clients who were found Not Guilty of such traffic offenses as Driving Under the Influence, Driving While Suspended, Attempt to Elude, and Hit & Run. Clients whose cases resulted in a Non Complaint or Dismissal can also get their records set aside. The only exception to this is that DUII charges which were dismissed as a result of the completion of Diversion will still not be eligible for expungement. HB 2796 disallows a person convicted of Criminally Negligent Homicide from seeking expungement, even where the person was convicted of that crime when it was a class “C” felony. HB 2287 adds a $250 filing fee for all expungement motions, and took effect as of October 1, 2009. We urge any person who qualifies for expungement to file their motion to set aside at the earliest possible opportunity. We are always glad to assist eligible clients in cleaning up their record. For further information, see our expungement page.

DRIVING UNDER THE INFLUENCE
In a continuation of the trends of recent years, the Oregon Legislature has made it yet more difficult for persons facing charges of DUII. Previously, a client could enter the DUII Diversion Program where the client had a previous Diversion, as long as the previous Diversion was completed more than 10 years prior to the current offense. Under HB 2331, this “look back” period is extended to 15 years. HB 2331 adds other prerequisites to entering the DUII Diversion Program as well. HB 2426 doubles the minimum financial penalty for a first time DUII conviction where the motorist registers 0.15% or more on a breath or blood test. HB 2331 and HB 2426 take effect as of January 1, 2010. Other laws have also been placed on the books that increase the harsh punishment of persons facing DUII and related charges. We defend clients facing DUII charges all the time and seek to minimize debilitating penalties where possible. For further information, please see the our DUII page.

MISCELLANEOUS CRIMINAL LAW CHANGES

  • SB 728 requires the State Board of Pharmacy to reclassify marijuana and methamphetamine
  • HB 2323 increases the minimum value required for certain property crimes
  • HB 2874 and SB 233 expand the scope of “victim’s rights” laws
  • HB 3508 increases the “good time” credit from 20% to 30% for certain prisoners
  • SB 309 requires law enforcement agencies to record certain interrogations
  • HB 2173 and 2972 make it more difficult for persons to seek relief from sex offender reporting laws
  • HB 3263 eliminates the statute of limitations for certain sex crimes, where the defendant is identified based on DNA evidence

Considering the harsh consequences of a criminal prosecution, any person facing criminal charges should be sure to arrange for legal representation by an attorney who has the skill, qualifications and experience to handle challenging matters such as this. We urge any person facing criminal prosecution to contact our office at the earliest possible opportunity. We have seen many situations where an experienced and capable criminal defense attorney can substantially reduce or even eliminate the consequences of a criminal accusation. Unfortunately, the converse is also true. We have seen many cases in which the failure to obtain qualified legal counsel can cause irreparable damage.