Senate Bill 397

Modifies <i>procedure for filing motion</i>]<b> procedures for motions</b> to set aside conviction, arrest, citation<b>,</b> <i>or</i>] charge<b>, finding of contempt of court or judgment of guilty except for insanity</b>. Eliminates <i>fees, fingerprinting and background check</i>]<b> filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police</b>. Reduces waiting period for filing motion if person was revoked from probation <i>, is seeking to set aside Class B felony or was convicted of other offense</i>]<b> or state elects not to proceed with prosecution</b>. <b>Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion.</b> Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. <b>Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.</b>

In the Senate

• Floyd Prozanski

  Sponsor

• Chuck Riley

  Chief co-sponsor

In the House of Representatives

• Janeen Sollman

  Sponsor

• Duane Stark

  Chief co-sponsor

• Senate, third reading24–5

  Passed · Jun 16 · 1 present

• House of Representatives, third reading57–1

  Passed · Jun 22 · 1 present

• Senate committee amendmentAdopted

  Adopted Apr 23

l9n doesn't hold this bill's text yet.

In the Senate Jan 11 – Jun 16

1. Jan 11Introduced
2. Jan 19Sent to Judiciary and Ballot Measure 110 Implementation
3. Feb 23Heard in Judiciary and Ballot Measure 110 Implementation
4. Mar 1Heard in Judiciary and Ballot Measure 110 Implementation
5. Apr 13Heard in Judiciary and Ballot Measure 110 Implementation
6. Apr 23Judiciary and Ballot Measure 110 Implementation recommended it as amended, and that it go to Ways and Means
7. Sent to Ways and Means
8. Jun 5Sent to Public Safety Subcommittee
9. Jun 9Heard in Public Safety Subcommittee
10. Returned to Ways and Means
11. Jun 11Heard in Ways and Means
12. Jun 15Ways and Means recommended it
13. Read a second time
14. Jun 16Passed the Senate, 24 to 5

In the House of Representatives Jun 16 – Jun 22

1. Jun 16Arrived in the House of Representatives
2. Sent to Ways and Means
3. Jun 18Ways and Means recommended it
4. Jun 21Read a second time
5. Jun 22Passed the House of Representatives, 57 to 1

To the Governor Jun 25 – Aug 18

1. Jun 25Signed in the Senate
2. Signed in the House of Representatives
3. Jul 14Signed by the Governor
4. Aug 18Became chapter 486 of Oregon Laws 2021
5. In force from January 1, 2022