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Committee adopts amendments allowing prosecutors to reclassify certain offenses during case pendency
Summary
The Senate Judiciary Committee adopted A‑4 amendments to House Bill 2473A, clarifying that district attorneys may elect at any time during a case to treat certain misdemeanors or nonperson felonies as higher or lower classes, and sent the amended bill to the floor with a due‑pass recommendation.
The Senate Committee on Judiciary on Monday adopted the dash‑A‑4 amendments to House Bill 2473A, a criminal‑law bill that clarifies prosecutorial authority to elect how certain offenses are charged while a case is pending.
Committee counsel summarized the basic change: the amendments revise ORS 161.566 and ORS 161.570 to allow a district attorney to elect to treat a misdemeanor as a Class A violation or to treat certain nonperson felonies as Class A misdemeanors at any time during the case’s pendency. Counsel indicated the fiscal and revenue impact is minimal.
Supporters said the amendment addresses court interpretations that suggested once a case began as a misdemeanor it could not be reclassified during plea negotiations or other stages of the case. The change, they said, clarifies that prosecutors retain the ability to negotiate or modify charges after arraignment if appropriate.
Senator Thacher moved adoption of the dash‑A‑4 amendment and then moved the amended bill to the floor with a due‑pass recommendation. The committee recorded an affirmative roll call on the motion to adopt the amendments and on the floor referral.
