(a) The state files a motion requesting a waiver hearing in a case in which a petition has been filed alleging that a youth has committed an act when the youth was 15, 16 or 17 years of age that, if committed by an adult, would constitute aggravated murder or an offense listed in ORS 137.707; or

(b) The state files a motion requesting a waiver hearing in a case in which a petition has been filed alleging that a youth has committed an act when the youth was 15, 16 or 17 years of age that, if committed by an adult, would constitute:

(A) A Class A or Class B felony;

(B) Any of the following Class C felonies:

(i) Escape in the second degree under ORS 162.155;

(ii) Assault in the third degree under ORS 163.165;

(iii) Coercion under ORS 163.275 (1)(a);

(iv) Arson in the second degree under ORS 164.315; or

(v) Robbery in the third degree under ORS 164.395;

(C) Any Class C felony in which the youth used or threatened to use a firearm; or

(D) Any other crime that the state and the youth stipulate is subject to waiver.

(2) After the hearing, the juvenile court may waive the youth to a circuit, justice or municipal court of competent jurisdiction if:

(a) The youth at the time of the alleged offense was of sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved; and

(b) The juvenile court, after considering the following criteria, determines by a preponderance of the evidence that retaining jurisdiction will not serve the best interests of the youth and of society and therefore is not justified:

(A) The amenability of the youth to treatment and rehabilitation given the techniques, facilities and personnel for rehabilitation available to the juvenile court and to the criminal court that would have jurisdiction after transfer;

(B) The protection required by the community, given the seriousness of the offense alleged, and whether the youth can be safely rehabilitated under the jurisdiction of the juvenile court;

(C) The aggressive, violent, premeditated or willful manner in which the offense was alleged to have been committed;

(D) The previous history of the youth, including:

(i) Prior treatment efforts and out-of-home placements; and

(ii) The physical, emotional and mental health of the youth;

(E) The youth’s prior record of acts that would be crimes if committed by an adult;

(F) The gravity of the loss, damage or injury caused or attempted during the offense;

(G) The prosecutive merit of the case against the youth; and

(H) The desirability of disposing of all cases in one trial if there were adult co-offenders.

(3) The victim of the alleged offense has the right to appear at a hearing under this section and to provide the court with any information reasonably related to the court’s determination.

(4) The right to counsel, and the appointment of counsel under ORS 419C.200, applies to a hearing under this section.

(5) The state has the right to have at least one psychiatrist or licensed psychologist of its selection examine the youth concerning the determination of whether to waive the youth under this section. [1993 c.33 §213; 1993 c.546 §78; 1999 c.951 §1; 2003 c.404 §1; 2019 c.635 §§3e,23]

Note: Section 32, chapter 634, Oregon Laws 2019, provides:

Sec. 32. (1) Sections 24 [161.740] and 25 [144.397], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019 [163.107], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.

(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071, 137.124, 137.705, 137.707, 137.712, 144.185, 161.610, 161.620, 163.105, 163.115, 163.155, 163A.130, 163A.135, 339.317, 339.319, 339.321, 419C.005, 419C.050, 419C.346, 419C.349, 419C.352, 419C.355, 419C.358, 419C.361, 420.011, 420.081 and 420A.203 and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]