OR HB2868

Requires courts to consider as an aggravating factor at sentencing whether a defendant committed a crime during a declared emergency, mandatory evacuation, or within one year after an emergency ended, if the defendant took advantage of emergency-related circumstances

Covers emergencies declared by the Governor under ORS 401.165, by cities or counties via ordinance/resolution under ORS 401.309, or catastrophic disasters declared under the Oregon Constitution—all must be due to a natural disaster

Defines natural disasters to include fires, earthquakes, floods, volcanic eruptions, and tsunamis

Directs the Oregon Criminal Justice Commission to add these emergency-related circumstances as an aggravating factor in its sentencing departure rules

Amends ORS 137.090, which governs how courts determine aggravation and mitigation during criminal sentencing