OregonHB 40412026 Regular SessionHouseWALLET

Relating to public safety; and declaring an emergency.

Sponsored By: Sponsor information unavailable

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Broader credit for overlapping prison sentences

For sentences imposed on or after the law's effective date, authorized presentence credit extends across eligible sentences running at the same time. The sentences must share the same case number, and the judgment must authorize credit for at least one. Courts can expressly exclude a sentence, and sentences otherwise ineligible for credit do not receive it.

Extra leave after mistaken prison releases

Corrections officials must grant 120 extra days of transitional leave to eligible people released because of material presentence-credit errors. Release must fall on or after July 10, 2025, and before the law's effective date. A later calculation must show time still owed on the original sentence, and the person must have followed post-prison supervision conditions. The convictions and person must qualify under state law and corrections rules. The original judgment must authorize short-term transitional leave for every conviction whose sentence was recalculated.

Fewer misdemeanor grounds for suspended drivers

For conduct on or after January 1, 2027, two suspension grounds leave the list that makes suspended driving a Class A misdemeanor. Those grounds are reckless driving and criminal mischief. Suspensions for recklessly endangering someone or menacing through vehicle use remain listed grounds.

Higher thresholds for theft and damage

For conduct on or after January 1, 2027, theft-value thresholds rise for thefts other than extortion. Third-degree theft covers less than $150; second-degree covers $150 to less than $1,500; first-degree starts at $1,500. Second-degree criminal mischief's damage threshold rises from more than $500 to more than $750. First-degree criminal mischief's damage threshold rises from more than $1,000 to more than $1,500. Other grounds for first-degree theft and criminal mischief remain unchanged.

More protections when sentence terms change

Before changing an unclear judgment term, courts must provide a hearing and appoint counsel for eligible defendants without lawyers, unless waived. Changes must be supported by the original sentencing record. When a custody-credit recalculation changes a release date more than 140 days after commitment, corrections officials must send written notice before release. The court, prosecutor, defendant, and trial lawyer receive the old and new dates, an explanation, and details of notification efforts. Whenever a recalculation changes the release date, officials must tell the defendant how to challenge it.

Tighter custody-credit limits for prison sentences

Unless the judgment expressly says otherwise, corrections officials cannot grant more presentence credit than time actually spent in custody on that case. This limit covers sentences imposed and sentence calculations or recalculations made on or after the law's effective date. For new sentences from that date, unrelated confinement and probation, parole, or post-prison supervision violations generally do not earn credit. Courts can expressly order otherwise. Credit cannot reduce multiple sentences served one after another unless the judgment expressly allows duplicate credit and names the sentences.

Tougher sentences for repeat fleeing drivers

Beginning January 1, 2027, tougher sentencing categories apply to drivers who flee police while remaining in a vehicle. One qualifying prior conviction within 10 years brings category 4; two or more bring category 6. Qualifying priors include the same offense or an equivalent crime elsewhere. Causing physical injury brings category 6; causing serious physical injury brings category 8. Both injury cases are classified as person felonies.

Jury-verdict relief comes with filing limits

People convicted by nonunanimous juries have a route to seek relief, with petitions due within 120 days after the law takes effect. Anyone who previously petitioned on this ground under the specified post-conviction laws cannot file again. Petitioners must show nonunanimity is more likely than not through verdict forms, written jury polls, trial recordings, or transcripts. A limited private court review is available for unclear polling records, and rules govern unavailable evidence at retrial. When relief is granted, courts must vacate the affected conviction or grant relief agreed to by the parties.

Mistaken releases face review with safeguards

Corrections officials must ask the sentencing court to review releases caused by material sentence-calculation or legal-interpretation errors; the state may also petition. This covers releases on or after July 10, 2025, but petitions are barred after post-prison supervision ends or is discharged. Petitions must detail the error and legal basis with a supporting affidavit or declaration; probable cause triggers a hearing. Detention before the hearing requires clear and convincing evidence that it is needed for public safety. Recommitment requires clear and convincing evidence that the lawful sentence remains unserved and more than 30 days remain.

Sponsors & Cosponsors

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