(1) As used in this section, ‘disproportionate impact’ means that, in a case of theft in the first degree under ORS § 164.055 or aggravated theft in the first degree under ORS § 164.057:

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(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or

(b) The theft of the property creates a hazard to public health or safety or the environment.

(2) The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission. [2009 c.811 § 7]

164.063 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.