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Measure Details

Requires Increased Minimum Sentences for Certain Repeated Sex Crimes, Incarceration for Repeated Driving Under Influence

Oregon Ballot Measure - Measure 73

Election: Nov. 2, 2010 (General)
Outcome: Passed

Government Operations
Judicial Branch


Argument For


Argument Against


Ballot Measure 73 sets mandatory minimum sentences for certain repeat sex offenders and certain repeat intoxicated drivers.

The measure provides that any person convicted of a "major felony sex crime" must be imprisoned for 25 years if the person has a "previous conviction" for a major felony sex crime. Under current law, a person convicted of a single major felony sex crime must serve a minimum sentence ranging from 5 years, 10 months to 25 years, depending on the circumstances of the offense and the offender.

The measure defines "major felony sex crime" to mean rape in the first degree, sodomy in the first degree, unlawful penetration in the first degree and using a child in a display of sexually explicit conduct.

The measure defines "previous conviction" to include two or more convictions in a single sentencing proceeding when the convictions are imposed for crimes committed in separate criminal episodes. It is possible for this measure to apply when the offender has not served previous time in prison for a major felony sex crime.

The measure classifies driving while under the influence of intoxicants as a felony when a person is convicted of committing the crime for a third time in a 10-year period and anytime the person commits the crime thereafter. The measure requires that a person convicted of a felony under the measure be sentenced to a minimum term of incarceration of 90 days.

Under current law, the third conviction for driving while under the influence of intoxicants is classified as a misdemeanor. Under current law, the fourth conviction for driving under the influence of intoxicants is a felony. The Oregon Sentencing Guidelines provide for a non-mandatory sentence of a least 13 months in prison. This measure does not change the guideline sentence.

The measure provides that state government shall fully reimburse county government for the cost of incarcerating a person sentenced for driving while under the influence of intoxicants under the measure.

Measure Text

    Current law imposes mandatory-minimum sentences of 70 to 100 months for certain sex crimes; no mandatory-minimum incarceration sentence for driving under influence of intoxicants (DUII). Measure imposes mandatory-minimum sentence of 300 months for person convicted of "major felony sex crime" if previously convicted of major felony sex crime; defines "major felony sex crime" as first-degree rape, first-degree sodomy, first-degree unlawful sexual penetration, using child in sexually explicit display; previous conviction includes statutory counterpart in another jurisdiction, and separate criminal episode in same sentencing proceeding. Measure makes DUII a class C felony if defendant previously convicted of DUII, or statutory counterpart, at least twice in prior 10 years; imposes mandatory-minimum sentence of 90 days, at state expense. Other provisions.

    Result of "Yes" Vote: "Yes" vote increases minimum sentences for certain repeated sex crimes (300 months), imposes minimum incarceration sentence for certain repeated driving under the influence convictions (90 days).

    Result of "No" Vote: "No" vote retains mandatory-minimum sentences of 70 to 100 months for certain sex crimes, provides no mandatory-minimum incarceration sentence for driving under the influence.

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