- (1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally or in writing. If no election is made, the case shall proceed as a misdemeanor.
(2) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS 153.021, the fine that a court may impose upon conviction of a violation under this section may not:
- (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or
- (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation.
(3) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.021, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not:
- (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or
- (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation.
- (4) A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.
- (5) The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.
[1999 c.1051 §47; 2003 c.737 §89; 2011 c.597 §16; 2012 c.82 §2; 2025 c.375 §5]