What does HB 4149 do?

Prohibits prosecuting attorney from conditioning plea offer or release on defendant's waiver of specified rights, eligibilities and legal challenges ] on requirement that defendant or defense attorney stipulate to unconstitutionality of existing law . Provides that prohibited provision in plea agreement or release agreement ] is void and unenforceable. Prohibits court from conditioning defendant's release on waiver of defendant's appearance in person at trial.

Who sponsors HB 4149?

HB 4149 is sponsored by Floyd Prozanski (Democrat), Susan McLain (Democrat), Rob Nosse (Democrat), James Manning Jr. (Democrat), Tawna Sanchez (Democrat), Jackie Winters, Karin Power, Paul Holvey, Sara Gelser, Dan Rayfield, Mitch Greenlick, Jennifer Williamson, Diego Hernandez, Janelle Bynum, Sheri Malstrom, and Andrea Salinas.

Where can I track HB 4149?

Track HB 4149 free on One Click Politics — get push/email alerts when it moves.

Oregon 2018 Regular Session Status: Enacted 5 D cosponsors

HB 4149 — Relating to prohibited provisions in criminal action agreements.

Last action March 26, 2018 — Chapter 37, (2018 Laws): Effective date January 1, 2019.

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Introduced
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In Committee
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Passed House
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Passed Senate
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To Executive
6
Enacted

This bill has been enacted into law. Introduced January 22, 2018. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

Enacted

Current position in the legislative process.
16 sponsors

3 primary, 13 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (5 D).
Cleared a recorded vote

Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Prohibits prosecuting attorney from conditioning plea offer or release on defendant's waiver of specified rights, eligibilities and legal challenges] on requirement that defendant or defense attorney stipulate to unconstitutionality of existing law. Provides that prohibited provision in plea agreement or release agreement] is void and unenforceable. Prohibits court from conditioning defendant's release on waiver of defendant's appearance in person at trial.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 4149 on the official Oregon source →

Action History

March 26, 2018
Chapter 37, (2018 Laws): Effective date January 1, 2019.
March 16, 2018
Governor signed.
March 05, 2018
President signed.
March 04, 2018
Speaker signed.
March 02, 2018
Rules suspended. Third reading. Carried by Prozanski. Passed.
March 01, 2018
Second reading.
March 01, 2018
Recommendation: Do pass the A-Eng. bill.
February 27, 2018
Work Session held.
February 23, 2018
Public Hearing held.
February 22, 2018
Referred to Judiciary.
February 22, 2018
First reading. Referred to President's desk.
February 21, 2018
Third reading. Carried by Williamson. Passed.
February 20, 2018
Second reading.
February 19, 2018
Recommendation: Do pass with amendments and be printed A-Engrossed.
February 15, 2018
Work Session held.
February 13, 2018
Public Hearing held.
February 05, 2018
Referred to Judiciary.
February 05, 2018
First reading. Referred to Speaker's desk.
January 22, 2018
Presession Released to the Public.

Sponsorship breakdown

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3 sponsors · 13 co-sponsors · 74 not signed on · 1 voted No

Sponsors (3)

Co-sponsors (13)

Not signed on (74)

74 members have not signed on to this bill.

Show all 74 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Rules suspended. Third reading. Carried by Prozanski. Passed.

March 02, 2018

Passed 27 Yea · 1 Nay · 2 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	20	1	0	2
Republican	2	0	0	0
Democrat	5	0	0	0
Total	27	1	0	2
% of votes cast	90%	3%	0%	7%

How each member voted (30)

Member	Party	Vote
Alan DeBoer	—	Yea
Alan Olsen	—	Yea
Arnie Roblan	—	Yea
Betsy Johnson	—	Nay
Bill Hansell	—	Yea
Brian Boquist	—	Yea
Chuck Riley	—	Yea
Chuck Thomsen	—	Yea
Cliff Bentz	—	Yea
Dennis Linthicum	—	Yea
Elizabeth Steiner Hayward	—	Yea
Ginny Burdick	—	Yea
Herman Baertschiger Jr.	—	Not Voting
Jackie Winters	—	Yea
Jeff Kruse	—	Not Voting
Laurie Monnes Anderson	—	Yea
Lee Beyer	—	Yea
Mark Hass	—	Yea
Michael Dembrow	—	Yea
Peter Courtney	—	Yea
Rod Monroe	—	Yea
Sara Gelser	—	Yea
Tim Knopp	—	Yea
Floyd Prozanski	Democrat	Yea
James Manning Jr.	Democrat	Yea
Kathleen Taylor	Democrat	Yea
Lew Frederick	Democrat	Yea
Rob Wagner	Democrat	Yea
Fred Girod	Republican	Yea
Kim Thatcher	Republican	Yea

Official roll call →

Heard and Reported Out

February 27, 2018

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	4	0	0	0
Democrat	2	0	0	0
Republican	1	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Cliff Bentz	—	Yea
Dennis Linthicum	—	Yea
Michael Dembrow	—	Yea
Sara Gelser	—	Yea
Floyd Prozanski	Democrat	Yea
Rob Wagner	Democrat	Yea
Kim Thatcher	Republican	Yea

Official roll call →

Third reading. Carried by Williamson. Passed.

February 21, 2018

Passed 56 Yea · 0 Nay · 4 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	36	0	0	3
Democrat	13	0	0	1
Republican	7	0	0	0
Total	56	0	0	4
% of votes cast	93%	0%	0%	7%

How each member voted (60)

Member	Party	Vote
A. Richard Vial	—	Yea
Alissa Keny-Guyer	—	Yea
Andrea Salinas	—	Yea
Andy Olson	—	Yea
Barbara Smith Warner	—	Yea
Bill Kennemer	—	Yea
Bill Post	—	Yea
Brad Witt	—	Yea
Brian Clem	—	Yea
Caddy McKeown	—	Yea
Carl Wilson	—	Yea
Carla Piluso	—	Not Voting
Dallas Heard	—	Yea
Dan Rayfield	—	Not Voting
Deborah Boone	—	Yea
Denyc Boles	—	Yea
Diego Hernandez	—	Yea
Duane Stark	—	Not Voting
Gene Whisnant	—	Yea
Greg Barreto	—	Yea
Janelle Bynum	—	Yea
Jeff Barker	—	Yea
Jeff Reardon	—	Yea
Jennifer Williamson	—	Yea
Julie Parrish	—	Yea
Karin Power	—	Yea
Knute Buehler	—	Yea
Lynn Findley	—	Yea
Margaret Doherty	—	Yea
Mike Nearman	—	Yea
Mitch Greenlick	—	Yea
Paul Holvey	—	Yea
Phil Barnhart	—	Yea
Ron Noble	—	Yea
Sal Esquivel	—	Yea
Sheri Malstrom	—	Yea
Sherrie Sprenger	—	Yea
Teresa Alonso Leon	—	Yea
Tina Kotek	—	Yea
Chris Gorsek	Democrat	Yea
David Gomberg	Democrat	Yea
Janeen Sollman	Democrat	Yea
John Lively	Democrat	Yea
Julie Fahey	Democrat	Yea
Ken Helm	Democrat	Yea
Mark Meek	Democrat	Yea
Nancy Nathanson	Democrat	Yea
Pam Marsh	Democrat	Yea
Paul Evans	Democrat	Yea
Rob Nosse	Democrat	Yea
Sue Rieke Smith	Democrat	Not Voting
Susan McLain	Democrat	Yea
Tawna Sanchez	Democrat	Yea
Cedric Hayden	Republican	Yea
Daniel Bonham	Republican	Yea
David Brock Smith	Republican	Yea
E. Werner Reschke	Republican	Yea
Jeffrey Helfrich	Republican	Yea
Mike McLane	Republican	Yea
Rick Lewis	Republican	Yea

Official roll call →

Heard and Reported Out with Amendments

February 15, 2018

Passed 11 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	9	0	0	0
Democrat	2	0	0	0
Total	11	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (11)

Member	Party	Vote
A. Richard Vial	—	Yea
Andy Olson	—	Yea
Bill Post	—	Yea
Duane Stark	—	Yea
Jeff Barker	—	Yea
Jennifer Williamson	—	Yea
Karin Power	—	Yea
Mitch Greenlick	—	Yea
Sherrie Sprenger	—	Yea
Chris Gorsek	Democrat	Yea
Tawna Sanchez	Democrat	Yea

Official roll call →

Subjects

public-safety civil-rights

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Frequently asked questions

What does HB 4149 do?: Prohibits prosecuting attorney from conditioning plea offer or release on defendant's waiver of specified rights, eligibilities and legal challenges] on requirement that defendant or defense attorney stipulate to unconstitutionality of existing law. Provides that prohibited provision in plea agreement or release agreement] is void and unenforceable. Prohibits court from conditioning defendant's release on waiver of defendant's appearance in person at trial.
Who sponsors HB 4149?: HB 4149 is sponsored by Floyd Prozanski (Democrat), Susan McLain (Democrat), Rob Nosse (Democrat), James Manning Jr. (Democrat), Tawna Sanchez (Democrat), Jackie Winters, Karin Power, Paul Holvey, Sara Gelser, Dan Rayfield, Mitch Greenlick, Jennifer Williamson, Diego Hernandez, Janelle Bynum, Sheri Malstrom, and Andrea Salinas.
What is the current status of HB 4149?: This bill has been enacted into law. Introduced January 22, 2018. Enacted.
Where can I track HB 4149?: Track HB 4149 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: HB 4149
Jurisdiction: Oregon
Session: 2018 Regular Session
Type: Bill
Introduced: January 22, 2018
Status: Enacted
Prime sponsor: James Manning Jr.

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