House Bill 2980
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At the request of:
Oregon District Attorneys Association; Chief Sponsors: Representative Bentz; Regular Sponsors: Representative Barker , Representative Krieger , Representative Olson , Senator Ferrioli;
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Relating to district attorney diversion.
Authorizes defendant to request district attorney to approve extension of stay of criminal proceedings for district attorney diversion.
Summary:
Requires court to extend stay upon approval of request by district attorney. Authorizes defendant to request district attorney to approve extension of marijuana possession diversion period.
Requires court to order extension of diversion period upon approval of request by district attorney.
>> Learn more >>
You can read the full proposed measure here:
>> Read text
Status:
Current Location:
Speakers Desk - Awaiting Signature
House BILL 2980 - filed
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2015 Regular Session.
Next Date:
TBA
See - https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/HB2980 - for schedule.
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You may also get hard copies if you are in Salem by going to the bill room downstairs in the Capitol.
History:
2-13 (H) | First reading. Referred to Speaker's desk.
2-20 (H) | Referred to Judiciary.
4-6 (H) | Public Hearing held.
> Read >> Details
4-16 (H) | Work Session held.
> Read >> Details
4-23 (H) | Recommendation: Do pass with amendments and be printed A-Engrossed.
4-27 (H) | Second reading.
4-28 (H) | Rules suspended. Carried over to April 29, 2015 Calendar.
4-29 (H) | Third reading. Carried by Barker. Passed.Ayes, 60.
4-30 (S) | First reading. Referred to President's desk.
5-1 (S) | Referred to Judiciary.
5-19 (S) | Public Hearing and Work Session held.
> Read >> Details
5-22 (S) Recommendation: Do pass the A-Eng. bill.
5-22 (S) Second reading.
5-26 (S) Third reading. Carried by Prozanski. Passed.Ayes, 29; excused, 1--Thatcher.
Be Aware! and spread the word that House Bill 2980 will be positive for cannabis law reform in Oregon.
WHAT THE MEASURE DOES:
Authorizes defendant to request district attorney to approve extension of stay of criminal proceedings in district attorney
diversion. Requires court to grant extension upon district attorney approval. Allows defendant to request extension after
district attorney request for termination.
ISSUES DISCUSSED:
* Common sense nature of the bill;
* Substance of the bill;
* Lack of meaningful opposition.
EFFECT OF COMMITTEE AMENDMENT:
Eliminates 30-day time requirement contained in original bill for defendant’s request for extension. Allows defendant to
request extension after district attorney request for termination.
BACKGROUND: ORS 135.896 sets out the parameters for “district attorney diversion” in criminal cases. When a defendant is charged with a
crime, the district attorney may elect to forgo a traditional prosecution in lieu of a “diversion” or “set-over sentencing.” In
order for such an agreement to be effective, the defendant must have advice of counsel, agree to the terms in the district
attorney’s proposed agreement, and waive all rights to speedy trial. The diversion, however, must have a definite period. If a
defendant is charged with a felony, the stay shall not exceed 270 days. By contrast, if the defendant is charged with a
misdemeanor, the stay shall not exceed 180 days.
House Bill 2980 A allows a defendant to request that the district attorney extend the period of the stay. Felony charges may
be extended an additional 270 days while misdemeanor charges may be extended an additional 180 days. Should the parties
come to such an agreement, the bill states that the court is required to enter the order commensurate with the agreement.
Lastly, the bill allows a defendant to request an extension of diversion even after a district attorney files a request for
termination with the court.
>> Learn more >>
See - https://olis.leg.state.or.us/liz/2015R1/Measures/Overview/HB2980 - for latest.
Taking Action! Call your Representatives and get Everybody to do so also.
Keep it simple. No need to call on this one, really.
It is just for administrative purposes and basically neutral on the cannabis-issue. If you do ...
Keep it short. Your call should be under 3 minutes. Don't get bogged down in details. At this point it is a numbers game.
Keep it pleasant and remember to smile. Even though they can't see it, your smile will come through.
You can
find a list of those Committee members here:
http://www.leg.state.or.us/committees/
Also, the legislative committee agendas are flowing fast now, so make sure you're subscribed to all the relevant committees!
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TESTIFYING | Staff will respectfully request that you submit 15 collated copies of written materials at the time of your testimony and, if possible, an electronic copy of materials provided to staff 24 hours prior to the meeting.
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