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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 1169
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act lets people do pre-plea conditional discharge in more types of cases. (Flesch
Readability Score: 63.4).
Expands eligibility for pre-plea conditional discharge to all offenses except Ballot Measure 11
(1994) crimes and driving under the influence of intoxicants. Removes the requirements of specialty
court acceptance and district attorney consent. Allows a defendant to have more than one discharge
and dismissal after fulfilling the probation agreement.
A BILL FOR AN ACT
Relating to conditional discharge; amending ORS 137.532.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 137.532 is amended to read:
137.532. (1)(a) Whenever a person is charged with [a misdemeanor or a Class C felony,] an of-
fense other thandrivingwhile under the influence of intoxicants or a crime listed in ORS
137.700, [and has been formally accepted into a specialty court,] the court, with the consent of [the
district attorney and] the person and after determining that proceeding under this section is in
the interest of justice and a benefit to the defendant and the community , may defer further
proceedings and place the person on probation. The terms of the probation shall be defined by a
probationagreement.
(b) A probation agreement carries the understanding that if the defendant fulfills the terms of
the agreement, the criminal charges filed against the defendant will be dismissed with prejudice.
(c) The agreement must contain a waiver of the following rights of the defendant with respect
to each criminal charge:
(A) The right to a speedy trial and trial by jury;
(B) The right to present evidence on the defendant’s behalf;
(C) The right to confront and cross-examine witnesses against the defendant;
(D) The right to contest evidence presented against the defendant, including the right to object
to hearsay evidence; and
(E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt
entered under subsection (2) of this section, unless the appeal is based on an allegation that the
sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.
(d) The agreement must include a requirement that the defendant pay any restitution owed to
the victim as determined by the court, and any fees for court-appointed counsel ordered by the court
under ORS 135.050.
(e) The agreement may not contain a requirement that the defendant enter a plea of guilty or
no contest on any charge in the accusatory instrument.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4125 SB1169
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(f) Entering into a probation agreement does not constitute an admission of guilt and is not
sufficient to warrant a finding or adjudication of guilt by a court.
(g) Police reports or other documents associated with the criminal charges in a court file other
than the probation agreement may not be admitted into evidence, and do not establish a factual
basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an
adjudication of guilt under subsection (2) of this section.
(h) With the agreement of the defendant and the approval of an appropriate specialty
court, the defendant may participate in the specialty court as part of the probation agree-
ment.
(2) Upon violation of a term or condition of the probation agreement, the court may resume the
criminal proceedings and [may find the defendant guilty] a hearing shall be held to determine the
defendant’s guilt of the offenses in the accusatory instrument in accordance with the waiver of
rights in the probation agreement. The defendant may not contest the sufficiency of the evidence
establishing the defendant’s guilt of the offenses in the accusatory instrument.
(3) Upon fulfillment of the terms and conditions of the probation agreement, the court shall
discharge the person and dismiss the proceedings against the person. Discharge and dismissal under
this section shall be without adjudication of guilt and is not a conviction for purposes of this section
or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. [There
may be only one discharge and dismissal under this section with respect to any person.]
(4) In the event that the period of probation under this section expires, but the terms and con-
ditions of the probation agreement have not been fulfilled and no probation violation proceeding was
initiated prior to the expiration of the period of probation, the court may not discharge the person
and dismiss the proceedings against the person. The court shall instead issue an order requiring the
person to appear and to show cause why the court should not enter an adjudication of guilt as de-
scribed in subsection (2) of this section due to the failure of the person to fulfill the terms and
conditions of the probation agreement prior to expiration of the period of probation. At the hearing
on the order to show cause, after considering any evidence or argument from the district attorney
and the person, the court may:
(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the
probation agreement; or
(b) Enter an adjudication of guilt as described in subsection (2) of this section.
(5) In determining whether proceeding under this section is in the interest of justice and
a benefit to the defendant and the community under subsection (1) of this section, the court
shall consider at least the following factors:
(a) The nature of the offense;
(b) Any special characteristics of or difficulties experienced by the defendant;
(c) Whether there is a program that is appropriate and available for the needs of the
defendant;
(d) The impact on the community of proceeding under this section;
(e) Any recommendation of the victim, if applicable; and
(f) Any mitigating circumstances, including the impact of a conviction on the defendant.
[(5)] (6) Nothing in this section is intended to restrict a person’s participation in a specialty
court or conditional discharge under ORS 475.245.
[(6)] (7) As used in this section, “specialty court” has the meaning given that term in ORS
137.680.
[2] SB1169
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