House Bill 2379
CRIME VICTIMS UNITED
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In 2001, the Oregon Legislature, with the support of Crime Victims United,
passed legislation called House Bill 2379 (HB2379) which amended Measure 11.
The term "Measure 11" is usually used to mean "Measure 11 as
amended by HB2379 and by SB1049".
HB2379 allows people convicted of Rape II, Sexual
Abuse I, Sexual Penetration II and Sodomy
II under certain circumstances
to be sentenced under Sentencing
Guidelines, the more lenient pre-Measure 11 sentencing law designed by the
Oregon Criminal Justice Commission.
- For Rape II, Sodomy II and Sex Abuse, the judge has discretion to exempt
the offender from Measure 11 mandatory sentencing if :
- The offender has no prior convictions for serious offenses and
- The victim was at least 12 years of age and
- The victim's lack of consent was due solely to the victim's age and
- The perpetrator was no more than five years older than the victim.
- For Unlawful Sexual Penetration II, the judge has discretion to exempt the
offender from Measure 11 mandatory sentencing if :
- The offender has no prior convictions for serious offenses and
- The victim was at least 12 years of age and
- The victim's lack of consent was due solely to the victim's age and
- The perpetrator was no more than five years older than the victim and
- No object other than the hand was used to commit the crime.
Unlike SB1049, HB2379 was not retroactive. It applies to crimes committed on
or after the enactment of HB2379, July 6, 2001.
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