137.129 Length
of community service sentence.
The length of a community service sentence shall be within these limits:
(1) For a
violation, not more than 48 hours.
(2) For a
misdemeanor other than driving under the influence of intoxicants in violation
of ORS 813.010, not more than 160 hours.
(3)(a) For a
felony committed prior to November 1, 1993, not more than 500 hours.
(b) For a felony
committed on or after November 1, 1993, as provided in the rules of the Oregon
Criminal Justice Commission.
(4) Except as
provided in subsection (5) of this section, for a violation of driving while
under the influence of intoxicants under ORS 813.010 committed while operating
a vehicle, other than a bicycle as defined in ORS 801.150, not less than 80
hours or more than 250 hours.
(5) For a
violation of driving while under the influence of intoxicants under ORS 813.010
committed while riding a bicycle, as defined in ORS 801.150, 48 hours. [1981
c.551 §4; 1983 c.721 §1; 1985 c.16 §447; 1993 c.692 §3; 1999 c.1051 §68a; 2023
c.498 §18]
137.130 [Repealed by 1987 c.550 §5]
Notes of Decisions
Cited in
4
cases, 1984–1992 · leading case:
State v. Oary, 829 P.2d 90 (Or. Ct. App. 1992).
State v. Oary, 829 P.2d 90 (Or. Ct. App. 1992).
“010: * * * * “(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours’ imprisonment which shall be served consecutively unless justice requires otherwise or to perform community service for times specified by the…”
State v. Oary, 820 P.2d 857 (Or. Ct. App. 1991).
“020(2) provides, in part: “The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours’ imprisonment which shall be served consecutively unless justice requires otherwise or to perform community service for times specified…”
City of Portland v. Bitans, 786 P.2d 222 (Or. Ct. App. 1990).
“126 to ORS 137.129. “(d) This section shall not apply to any activity otherwise made lawful.”
State v. Ritner, 675 P.2d 1085 (Or. Ct. App. 1984).
“In response to defendant’s motion for reconsideration, the trial judge acknowledged that ORS 137.129(2) provides for a maximum of 80 hours of community service for each misdemeanor conviction and, accordingly, ordered a modification of defendant’s sentence, effective on…”
— Or. Rev. Stat. § 137.129(2) — 1 case
State v. Ritner, 675 P.2d 1085 (Or. Ct. App. 1984).
“In response to defendant’s motion for reconsideration, the trial judge acknowledged that ORS 137.129(2) provides for a maximum of 80 hours of community service for each misdemeanor conviction and, accordingly, ordered a modification of defendant’s sentence, effective on…”
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