(1) Except in exigent circumstances, no person shall be charged with a felony under ORS 468.922 to 468.956 without the personal approval of the district attorney of the county or the Attorney General of the State of Oregon.
(2) In order to promote consistency in bringing criminal prosecutions under ORS 468.922 to 468.956, the district attorney of each county shall adopt written guidelines for filing felony criminal charges under ORS 468.922 to 468.956. The written guidelines, at a minimum, shall require the district attorney to consider and apply the following factors in determining whether to file criminal charges:
(a) The complexity and clarity of the statute or regulation violated;
(b) The extent to which the person was or should have been aware of the requirement violated;
(c) The existence and effectiveness of the person’s program to promote compliance with environmental regulations;
(d) The magnitude and probability of the actual or potential harm to humans or to the environment;
(e) The need for public sanctions to protect human health and the environment or to deter others from committing similar violations;
(f) The person’s history of repeated violations of environmental laws after having been given notice of those violations;
(g) The person’s false statements, concealment of misconduct or tampering with monitoring or pollution control equipment;
(h) The person’s cooperation with regulatory authorities, including voluntary disclosure and prompt subsequent efforts to comply with applicable regulations and to remedy harm caused by the violation;
(i) The appropriate regulatory agency’s current and past policy and practice regarding the enforcement of the applicable environmental law; and
(j) The person’s good faith effort to comply with the law to the extent practicable.
(3) In order to promote consistency and uniformity in prosecutorial policies, the Attorney General, in consultation with the Oregon District Attorneys Association, and after appropriate opportunity for public comment, shall adopt model guidelines for prosecution of environmental crimes. The Attorney General’s model guidelines shall provide for consideration and application of the factors described in subsection (2) of this section. A district attorney may fulfill the district attorney’s responsibility under subsection (2) of this section by adopting the Attorney General’s model guidelines.
(4) Prior to or in conjunction with the filing of felony charges under ORS 468.922 to 468.956, the district attorney or the Attorney General shall file a certification with the court that the guidelines described in subsections (2) and (3) of this section have been applied and that, in the opinion of the district attorney or Attorney General, as the case may be, the criminal charges are being filed in accordance with the guidelines. [1993 c.422 §19]
Note: Legislative Counsel has substituted “ORS 468.922 to 468.956” for the words “this 1993 Act” in sections 19 and 20, chapter 422, Oregon Laws 1993, compiled as 468.961 and 468.963. Other ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 20 of ORS.
Section: Previous 468.950 468.951 468.953 468.955 468.956 468.959 468.960 468.961 468.962 468.963 468.965 468.967 468.968 468.969 468.970 NextLast modified: August 7, 2008