Oregon bill could allow domestic violence survivors who commit crimes less jail time

Survivors of domestic violence who commit crimes while being abused could see reduced sentences under a bill introduced in the Oregon Senate.

Senate Bill 1179 received a public hearing on Tuesday in the Oregon Senate Judiciary Committee.

The bill would require the sentencing court to consider abuse as mitigation evidence under certain circumstances and would allow people currently serving a sentence to petition for resentencing under the same terms.

Domestic violence survivors and advocates supported the bill, but prosecutors raised concerns it would create an opportunity for abusers, who often claim to be the victims, to take advantage of the system.

The bill would allow the court to impose a reduced sentence, even if the crime carries a mandatory minimum. The bill would also create a Task Force on Services and Support for Incarcerated Domestic Violence Survivors, which would make recommendations on programs and services for those in custody and necessary changes in facility operations to prevent retraumatization.

Crystal Magaña, a survivor of domestic violence who was incarcerated for 17 years for manslaughter, urged the senators to support the bill. While incarcerated, she said she was unable to access supportive services because she did not have addiction issues and no other programs were available. She said she was “defending her life” when she committed the crime.

“If this bill was around when my crime had happened, things could have looked a lot differently. I say that because when I was 14, I was forced into prostitution by the man who was also the father to my daughter,” she said. “The criminal justice system didn’t consider that I was living in domestic violence.”

If the defendant is a survivor of domestic abuse, the court would be required to determine if the abuse was ongoing at the time of the criminal behavior, if it was a contributing factor to the crime, and if the presumptive or mandatory sentence would be “unduly harsh in light of the circumstances.”

Sentencing guidelines in Oregon depend on the severity of the crime and the defendant’s criminal history. A grid is used to determine the presumptive sentence in accordance with those two factors.

About 20 major crimes, such as murder, carry a mandatory minimum prison sentence under Measure 11. The court would be allowed to disregard the mandatory minimum in favor of a lesser sentence if the defendant meets the terms set by the bill.

A study published by the Oregon Justice Resource Center in 2019 found that 44% of incarcerated women who were in a relationship at the time of arrest said they had experienced domestic abuse and that the abuse was a contributing factor to their criminal behavior.

Aaron Knott with the Oregon Judicial Department said the department anticipates “significant” fiscal and operational impacts from the bill, due to what he characterized as a large number of people who would have a right to petition for resentencing.

Clackamas County District Attorney John Wentworth said several measures, such as a defense called “choice of evils,” already exist to protect survivors of domestic abuse who commit crimes and expressed concern that abusers would weaponize the bill.

“Almost every single time a domestic abuser is charged with assault, strangulation or menacing, they don’t deny that it happened, they claim instead that they were completely justified in doing so,” Wentworth said. “Far more often than not, the domestic abuser will offer that they are the actual victim.”

A bill that would have accomplished the same thing was previously introduced in the 2023 legislative session, but was still in committee when the session ended.

Two other bills related to defendants’ eligibility for criminal discharge and what convictions qualify for prohibiting firearm possession also had hearings Tuesday.

Oregon bill would expand eligibility for pre-plea discharge

Senate Bill 1169 would allow defendants of all crimes, excluding Measure 11 and driving under the influence of intoxicants, to be eligible for pre-plea conditional discharge.

Under current law, a defendant charged with a misdemeanor or class C felony who has been accepted into a specialty court is eligible to be placed on probation with further proceedings deferred, on certain conditions. Specialty courts, like mental health court or drug court, typically require defendants to enter a guilty plea and participate in a treatment plan. Successful participation can result in dismissal of charges or a reduced sentence.

The bill would expand release eligibility to almost all defendants and remove the requirement of specialty court acceptance and the district attorney’s consent.

Public defenders testified in support of the bill, saying it would give courts another tool to resolve cases while connecting defendants with services. Prosecutors, however, opposed the bill, saying it removes the district attorney from the criminal justice process and lacks specificity in the requirements and conditions for defendants.

Knott said the judicial department is neutral on the bill, but raised concerns about the lack of resources in the bill. He noted the expansion of conditional discharge in the bill doesn’t create additional probation officers or specialty courts, so defendants could be left without support to satisfy the terms of their discharge.

New bill would make domestic harassment not a disqualifier for firearm possession

Under current Oregon law, a person convicted of a “qualifying misdemeanor” involving a family or household member is prohibited from possessing a firearm. Senate Bill 1172 would clarify that the crime of harassment is not a qualifying misdemeanor.

State Sen. Mike McLane, R-Powell Butte, presented on the bill. He explained it was introduced to settle a dispute between the state appellate courts, which found harassment did not qualify as a qualifying misdemeanor, and the state Supreme Court, which found that it did.

Domestic violence advocates testified against the bill, saying harassment, while not necessarily always violent, leads to domestic violence.

Gina Skinner, a deputy district attorney in Washington County, said cases of more severe levels of physical violence and abuse often result in harassment convictions through plea negotiations.

Penny Okamoto, who testified as a board member of Ceasefire Oregon, said harassment is a dangerous issue.

“As a woman, I’ve certainly had men lay hands on me in a nonviolent way that was very unwelcome, very unwanted, very much considered a threat by me and very much considered harassment by me,” she said.

Isabel Funk covers breaking news and public safety for the Statesman Journal. Funk can be reached at ifunk@statesmanjournal.com or on X at @isabeldfunk