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OR HB2868

OR HB2868
Relating to emergency management.


summary

Introduced
01/13/2025
In Committee
01/17/2025
Crossed Over
Passed
Dead
06/27/2025

Introduced Session

2025 Legislative Measures

Bill Summary

The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act says a court has to look at, when the court determines aggravation, if a person did the crime in an emergency when the court sentences the person. (Flesch Readability Score: 60.7). Directs a court to consider, when determining aggravation in imposition of a criminal sentence, evidence that the defendant committed the crime during an emergency, an evacuation while an emergency was in effect or within one year after an emergency ceases, provided that the emergency is related to a natural disaster and the defendant took advantage of circumstances related to the emergency, evacuation or recovery from the emergency. Directs the Oregon Criminal Justice Commission to include in the rules concerning sentencing departure factors the commission of a crime under such circumstances.

AI Summary

This bill amends Oregon Revised Statute (ORS) 137.090 to provide guidance for courts when determining sentence aggravation in cases involving crimes committed during or shortly after a natural disaster emergency. Specifically, the bill directs courts to consider as an aggravating factor whether a defendant committed a crime during an emergency, during a mandatory evacuation, or within one year after an emergency ceased, and took advantage of circumstances related to the emergency. The bill defines "emergency" as a state of emergency declared by the Governor, a city, or a county due to a natural disaster, which includes events like fires, earthquakes, floods, volcanic eruptions, or tsunamis. Additionally, the bill requires the Oregon Criminal Justice Commission to include these emergency-related circumstances as a sentencing departure factor in their rules. The purpose of this legislation appears to be to discourage individuals from exploiting vulnerable situations during and after natural disasters by potentially imposing more severe sentences on those who commit crimes under such circumstances.

Committee Categories

Justice

Sponsors (1)

Last Action

In committee upon adjournment. (on 06/27/2025)

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