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OregonHB 40412026 Regular SessionHouse

Relating to public safety; and declaring an emergency.

Sponsored By: Sponsor information unavailable

Became Law

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 2 costs, 2 mixed.

Stronger penalties for driving while suspended

Starting January 1, 2027, driving while suspended or revoked is a Class B felony when the suspension came from serious crimes like murder, manslaughter, certain assaults, or a felony DUI; other suspensions are a Class A misdemeanor. The Criminal Justice Commission scores most felony cases as crime category 4, and as category 6 when the suspension was for those serious crimes. If your suspension was for a DUI, a conviction for driving while suspended carries a minimum fine: at least $1,000 for a first conviction and at least $2,000 for a second or later conviction, on top of other penalties.

Sentence credit fixes and error process

The Department of Corrections must compute sentences and open a case file when it gets the needed records. It cannot give more presentence credit than the actual days served, unless the court orders it. If it recomputes after 140 days and the release date changes, it must send written notice to the court, prosecutor, defendant, and defense lawyer, with how to challenge it. Courts can correct clerical or unclear judgment terms after sentencing, but must appoint a lawyer and hold a hearing unless waived, and any change must fit the original record. If someone was released because of a material computation or legal error, DOC or the state can ask the court to recommit them; the court must find probable cause, hold a hearing within five days, may order arrest for safety, and can recommit only if clear and convincing proof shows more than 30 days remain; no filing is allowed after post-prison supervision is completed. People released between July 10, 2025 and this law’s effective date due to presentence credit errors, and later found to owe time, get 120 extra days of transitional leave if they followed supervision, are eligible, and the judgment allowed it.

Higher dollar limits for theft and damage

Starting January 1, 2027, third-degree theft covers property worth less than $150 (was less than $100). Second-degree theft now covers $150 to less than $1,500 (raised from $100–$1,000). First-degree theft now starts at $1,500 or more (was $1,000). Second-degree criminal mischief now requires damage over $750 (was over $500). First-degree mischief now requires damage over $1,500 (was over $1,000), and other first-degree triggers stay the same.

New rules for nonunanimous jury relief

People asking for relief based on a nonunanimous jury must file no later than 120 days after this law’s effective date. For petitions filed on or after that date, the person must prove nonunanimity by a preponderance of the evidence. Only certain proof counts: the verdict form, a written jury poll, trial audio or video, or a transcript. The judge may privately review an unclear poll. If relief is granted, the court only vacates the conviction at issue or enters the parties’ agreed relief. You cannot file again under these rules if you already filed a petition raising a nonunanimous-jury claim. ORS 138.550 does not apply to these petitions.

Fleeing police: tougher rules and defense

Starting January 1, 2027, fleeing a clearly identified officer after a stop signal is a crime. It is a Class C felony if you keep driving, and a Class A misdemeanor if you run on foot. You have an affirmative defense if an unmarked car signaled you and you drove to a place you reasonably believed was safer before stopping. Sentencing scores rise for repeat fleeing and for cases that cause injury or serious physical injury. The sentencing changes apply to conduct on or after January 1, 2027 and can use prior convictions even if judgment was entered earlier.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 136 • No: 17

House vote • 3/4/2026

House concurred in Senate amendments and repassed bill.

Yes: 51 • No: 4

Senate vote • 3/3/2026

Third reading. Carried by Prozanski. Passed.

Yes: 28 • No: 1

Senate vote • 2/25/2026

Judiciary: Heard and Reported Out with Amendments

Yes: 6 • No: 0

House vote • 2/19/2026

Rules suspended. Third reading. Carried by Kropf. Passed.

Yes: 46 • No: 9

House vote • 2/16/2026

Judiciary: Heard and Reported Out with Amendments

Yes: 5 • No: 3

Actions Timeline

  1. Chapter 14, (2026 Laws): Effective date March 5, 2026.

    3/17/2026House

  2. Governor signed.

    3/5/2026House

  3. President signed.

    3/4/2026Senate

  4. Speaker signed.

    3/4/2026House

  5. House concurred in Senate amendments and repassed bill.

    3/4/2026House

  6. Vote explanation(s) filed by Pham.

    3/3/2026Senate

  7. Third reading. Carried by Prozanski. Passed.

    3/3/2026Senate

  8. Second reading.

    3/2/2026Senate

  9. Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

    2/27/2026Senate

  10. Work Session held.

    2/25/2026Senate

  11. Public Hearing held.

    2/23/2026Senate

  12. Referred to Judiciary.

    2/20/2026Senate

  13. First reading. Referred to President's desk.

    2/19/2026Senate

  14. Vote explanation(s) filed by Chotzen.

    2/19/2026House

  15. Rules suspended. Third reading. Carried by Kropf. Passed.

    2/19/2026House

  16. Second reading.

    2/19/2026House

  17. Recommendation: Do pass with amendments and be printed A-Engrossed.

    2/18/2026House

  18. Work Session held.

    2/16/2026House

  19. Public Hearing held.

    2/9/2026House

  20. Referred to Judiciary.

    2/2/2026House

  21. First reading. Referred to Speaker's desk.

    2/2/2026House

Bill Text

  • Enrolled

    3/4/2026

    PDF

  • B-Engrossed

    2/27/2026

    PDF

  • Senate Amendments to A-Engrossed

    2/27/2026

    PDF

  • SJUD Amendment -A12 (Adopted)

    2/25/2026

    PDF

  • A-Engrossed

    2/18/2026

    PDF

  • House Amendments to Introduced

    2/18/2026

    PDF

  • HJUD Amendment -10 (Combined)

    2/16/2026

    PDF

  • HJUD Amendment -4 (Proposed)

    2/16/2026

    PDF

  • HJUD Amendment -5 (Adopted)

    2/16/2026

    PDF

  • HJUD Amendment -8 (Adopted)

    2/16/2026

    PDF

  • HJUD Amendment -1 (Proposed)

    2/9/2026

    PDF

  • Introduced

    1/28/2026

    PDF

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