HB 4036

Abstract

Digest: The Act addresses the use of drugs within this state. The Act increases the penalties for some drug offenses and creates new drug crimes. The Act also makes changes to treatment funding. The Act takes effect on the 91st day after sine die. (Flesch Readability Score: 79.8). Increases the penalties for possession of a controlled substance. Punishes by a maximum of 364 days' jail, $6,250 fine, or both. Creates the crime of using a controlled substance in public. Punishes by a maximum of 364 days' jail, $6,250 fine, or both. Creates the crime of using a controlled substance in an enclosed place in a manner that endangers another person. Punishes by a maximum of 364 days' jail, $6,250 fine, or both, or five years' imprisonment, $125,000 fine, or both, for a second or subsequent conviction. Creates the crime of possessing, purchasing, making, delivering or selling a pill press. Punishes by a maximum of five years' imprisonment, $125,000 fine, or both. Provides that possession of a controlled substance with the intent to deliver constitutes delivery. Requires a prison sentence for the unlawful delivery or manufacture of a controlled substance when the person has a prior conviction. Increases the penalties for the unlawful delivery of a controlled substance that results in the death of a person. Punishes by a maximum of 20 years' imprisonment, $375,000 fine, or both. Directs counties to supervise persons convicted of certain property misdemeanors. Requires that for certain drug and property crimes, the court must require an evaluation and treatment as part of probation. Creates a diversion program for certain drug crimes. Modifies when the court may enter an order setting aside a conviction for certain drug crimes. Establishes the Opioid Overdose Rapid Response Grant Program. Appropriates moneys to the Oregon Criminal Justice Commission for the program. Increases the hold duration for persons under the influence of alcohol or controlled substances. Directs the Alcohol and Drug Policy Commission to provide grants and funding for drug treatment and other related services. Transfers the duties of the Oversight and Accountability Council to the commission. Authorizes the issuance of lottery bonds to local governments for treatment facility infrastructure. Takes effect on the 91st day following adjournment sine die.