HB 2825 Mitigating factors for sentencing

Died In Committee on 06-26-21
Status (overview) of bill:https://olis.oregonlegislature.gov/liz/2021R1/Measures/Overview/HB2825
Committee assigned to bill:https://olis.oregonlegislature.gov/liz/2021R1/Committees/HJUD/Overview

This bill -1 amendment requires a sentencing court to consider, as mitigation evidence, whether a defendant was subjected to abuse by an intimate partner or family or household member and that was a contributing factor to the defendant’s criminal behavior. The intent is to allow a lesser sentence than mandated by Measure 11.

Personal Choice and Responsibility
For victims trying to move on and heal from abuse, letting their abusers off with lesser sentences is unconscionable. Eight of the nine female prosecutors in Oregon issued a letter outlining how dangerous bills gutting Measure 11 in the legislature would cause more victims to suffer in silence. A part of a suite of bills intended to gut the spirit of Measure 11 while 78% of Oregon voters oppose repealing Measure 11 making our communities less safe.

Limited Government
Amendment provides that, if established by a preponderance of the evidence, such evidence constitutes substantial and compelling reasons justifying downward departure sentence. Authorizes a court to impose a lesser sentence in accordance with the rules of the Oregon sentencing guidelines, even if the sentence is mandatory or otherwise required by law. Creates a procedure by which a person currently serving a sentence may petition the court for resentencing if the person meets the eligibility requirements created by measure.

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