RESULT OF "YES" VOTE: "Yes" vote requires terms of imprisonment announced in court be fully served, with exceptions; guarantees consecutive sentencing authority.RESULT OF "NO" VOTE: "No" vote retains legislature's power to adopt laws setting aside or modifying terms of imprisonment announced in court and to limit consecutive sentencing authority.
SUMMARY: Amends Constitution. Measure requires terms of imprisonment imposed by judge in open court to be fully served. Effect is to eliminate reductions for good conduct or other reasons unless authorized by sentencing court and permitted by law. Provides exceptions for: reprieves, commutations or pardons by Governor; relief from appellate or post-conviction court. Measure would bar statutory change reducing imprisonment already imposed. Measure also bars laws limiting consecutive sentences for crimes against certain victims. Defines "victim" to include people of Oregon, represented by prosecuting attorney, when no person has been determined to be victim. Person accused of crime cannot be considered victim. Applies to offenses committed on or after measure's effective date.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.
PARAGRAPH 1. The Constitution of the
State of Oregon is amended by creating a new section to be added to and
made a part of Article I, such section to read:
(1)(a) A term of imprisonment imposed by a judge
in open court may not be set aside or otherwise not carried out, except
as authorized by the sentencing court or through the subsequent exercise
of:
(A) The power of the Governor to grant reprieves,
commutations and pardons; or
(B) Judicial authority to grant appellate or
post-conviction relief.
(b) No law shall limit a court's authority to
sentence a criminal defendant consecutively for crimes against different
victims.
(2) This section applies to all offenses committed
on or after the effective date of this section. Nothing in this section
reduces a criminal defendant's rights under the Constitution of the United
States. Except as otherwise specifically provided, this section supersedes
any conflicting section of this Constitution. Nothing in this section creates
any cause of action for compensation or damages nor may this section be
used to invalidate an accusatory instrument, ruling of a court, conviction
or adjudication or otherwise suspend or terminate any criminal or juvenile
delinquency proceedings at any point after the case is commenced or on
appeal.
(3) As used in this section, "victim" means any
person determined by the prosecuting attorney to have suffered direct financial,
psychological or physical harm as a result of a crime and, in the case
of a victim who is a minor, the legal guardian of the minor. In the event
no person has been determined to be a victim of the crime, the people of
Oregon, represented by the prosecuting attorney, are considered to be the
victims. In no event is it intended that the criminal defendant be considered
the victim.
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at a special election held throughout this state on the date specified in section 2, chapter _____, Oregon Laws 1999 (Enrolled House Bill 2354).
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.
1. The judge has specifically authorized the reduction;
2. The Governor grants a reprieve, commutation or pardon; or
3. A court has granted relief in an appeal of the case or in a post-conviction proceeding.
This measure also prohibits laws that would limit a court's authority to sentence a person consecutively for crimes committed against different victims.
This measure bars any statutory change by the Legislature which reduces the term of a sentence already imposed by a judge.
Except as otherwise specifically provided, this measure
supersedes any conflicting section of the Oregon Constitution.
| Committee Members:
Senator Neil Bryant Representative Kevin Mannix Senator Kate Brown Representative Floyd Prozanski Representative Lane Shetterly |
Appointed By:
President of the Senate Speaker of the House Secretary of State Secretary of State Members of the Committee |
(This committee was appointed to provide an impartial explanation
of the ballot measure pursuant to
ORS 251.215.)
November 2, 1999 Special Election Voters' Pamphlet Table
of Contents