HB 4041

The Act changes laws about crime and sentencing. The Act takes effect when the Governor signs it. (Flesch Readability Score: 78.7). Reduces penalties for driving while suspended if the suspension is due to a conviction for criminal mischief resulting from the operation of a motor vehicle or reckless driving. Punishes by a maximum of $2,000 fine. Increases the crime category, for the sentencing guidelines grid of the Oregon Criminal Justice Commission, for felony fleeing or attempting to elude a police officer when the defendant has a prior conviction or causes injury. Establishes a final time period for any person to file a petition for post-conviction relief based on a nonunanimous jury verdict. Creates a procedure by which the Department of Corrections or the state can petition the sentencing court, after determining that a person was released from department custody as the result of a material error in sentence computation or legal interpretation, for a determination as to whether the person is subject to further incarceration. Provides for a process for requesting and ordering that the person be held or taken into custody pending the hearing.<b> Establishes time limits on when petitions can be filed.</b> Requires the Department of Corrections to provide notice to specified persons after performing certain sentence recomputations that result in a new projected release date. Limits how presentence incarceration credit may be applied in specified circumstances. [<i>Authorizes</i>]<b> Requires</b> the Department of Corrections to grant an additional 120 days of short-term transitional leave to certain persons released from custody due to a material error in sentence computation or legal interpretation concerning presentence incarceration credits. Increases the dollar amounts in specified property crimes that serve as a minimum value amount of damages or stolen property or as a threshold between offense levels of the crime. Declares an emergency, effective on passage.