Measure 11 - Criminal Defense - for Marion, Polk, and Linn County

What is Measure 11?

Ballot Measure 11, now codified in ORS chapter 137, imposes mandatory minimum prison sentences to certain serious crimes against persons.  Measure 11 originally applied to 16 offenses and has since been amended to include a total of 21.  Persons convicted of Measure 11 offenses receive no parole or reduction of sentence for good behavior while in prison.  The information presented about the accused, and the circumstances of the crime is generally not taken into consideration by the sentencing judge.  Measure 11 also mandates that juveniles age 15 and older charged with a Measure 11 offense be tried as adults.

 The list of Ballot Measure 11 offenses currently includes the following:

Murder

Attempted Murder

Attempted Aggravated Murder

Assault I

Manslaughter I

Kidnapping I

Assault II

Manslaughter II

Kidnapping II

Rape I

Sodomy I

Sexual Penetration I

Rape II

Sodomy II

Sexual Penetration II

Robbery I

Robbery II

Sexual Abuse I

Arson I

Compelling Prostitution

Use of Child in Display of Sex Act
< Mandatory Minimum Sentencing : View Link to State of Oregon web page >

 Measure 11 has been modified by legislation several times:

  • House Bill 3439, passed June 1995, added Attempted Murder and Attempted Aggravated Murder.
  • Senate Bill 1049, passed July 1997 and effective October 4, 1997, added Arson I (when a serious physical threat is involved), Compelling Prostitution, and Use of Child in Display of Sex Act; it also allowed for departures from the mandatory minimum sentence for some Assault II, Kidnapping II, and Robbery II convictions, including those already sentenced.
  • House Bill 2494, passed August 1999, allowed for departures from the mandatory minimum sentence for some Manslaughter II convictions committed on or after October 23, 1999.
  • House Bill 2379, passed July 2001, allowed for departures from the mandatory minimum sentence for some Rape II, Sodomy II, Sexual Penetration II, and Sexual Abuse I convictions committed on or after January 1, 2002.

 

 

 


Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
(503) 378-7744, (503) 378-1013 Fax

NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
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