Establishes a mandatory minimum sentence of 48 months' imprisonment for assault committed by a correctional facility inmate against a corrections officer.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 773
Sponsored by Senator NASH (Presession filed.)
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 changes laws concerning certain crimes. The Act tells courts to impose a
minimum prison term for inmates who cause physical injury to certain public safety officers. The
Act tells courts to impose a minimum term of 48 months. (Flesch Readability Score: 60.0).
Establishes a mandatory minimum sentence of 48 months’ imprisonment for assault committed
by a correctional facility inmate against a corrections officer.
A BILL FOR AN ACT
Relating to assaults committed against corrections officers; amending ORS 163.208 and 421.121.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 163.208 is amended to read:
163.208. (1) A person commits the crime of assaulting a public safety officer if the person in-
tentionally or knowingly causes physical injury to the other person, knowing the other person to
be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal
control officer, firefighter or staff member, and while the other person is acting in the course of
official duty.
(2) Assaulting a public safety officer is a Class C felony.
(3)(a) Except as otherwise provided in [paragraph (b) ] paragraphs (b) and (c) of this subsection,
a person convicted under this section shall be sentenced to not less than seven days of imprisonment
and shall not be granted bench parole or suspension of sentence nor released on a sentence of pro-
bation before serving at least seven days of the sentence of confinement.
(b) A person convicted under this section shall be sentenced to not less than 14 days of
imprisonment and shall not be granted bench parole or suspension of sentence nor released on a
sentence of probation before serving at least 14 days of the sentence of confinement if the victim is
a peace officer.
(c) If, at the time of the offense, the person was an adult in custody at a correctional
facility and the victim was a corrections officer as defined in ORS 181A.355, the court shall
sentence a person convicted under this section to a mandatory minimum sentence of 48
months of imprisonment. The court may not sentence the person to probation or to a lesser
term of imprisonment. The person shall serve the entire sentence imposed by the court and
is not, during the term of the sentence, eligible for release on post-prison supervision, any
form of temporary leave from custody or any reduction in the term of incarceration in ac-
cordance with ORS 421.121 or any other statute.
(4) As used in this section:
(a) “Animal control officer” has the meaning given that term in ORS 609.500; and
(b) “Staff member” means:
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 1241
SB 773
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(A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a Department
of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a con-
tract with the department or youth authority to work with, or in the vicinity of, adults in custody
or adjudicated youths; and
(B) A volunteer authorized by the department, youth authority or other entity in charge of a
corrections facility to work with, or in the vicinity of, adults in custody or adjudicated youths.
SECTION 2.
ORS 421.121 is amended to read:
421.121. (1) Except as provided in ORS 137.635, 137.700, 137.707, 163.105, 163.107 , [ and] 163.115
and 163.208, each adult in custody sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, is eligible for a reduction in the term of
incarceration for:
(a) Appropriate institutional behavior, as defined by rule of the Department of Corrections; and
(b) Participation in the adult basic skills development program described in ORS 421.084.
(2) The maximum amount of time credits earned for appropriate institutional behavior or for
participation in the adult basic skills development program described in ORS 421.084 may not exceed
20 percent of the total term of incarceration in a Department of Corrections institution.
(3) The time credits may not be used to shorten the term of actual prison confinement to less
than six months.
(4) The department shall adopt rules pursuant to the rulemaking provisions of ORS chapter 183
to establish a process for granting, retracting and restoring the time credits earned by the offender
as allowed in subsections (1) to (3) of this section.
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