THE DALLES — State Rep. John Mabrey and his wife, Janet Hawkins, have been indicted by a Wasco County grand jury on felony and misdemeanor theft charges for allegedly stealing medical insurance payments.

Mabrey and Hawkins were indicted Wednesday following an investigation by the state Attorney General's office.

Mabrey, R-The Dalles, referred all questions to his attorney, James Habberstad, who refused to comment.

The indictment charged the freshman lawmaker and his wife with the theft of $4,000 from Regence BlueCross/

BlueShield of Oregon, the health care provider for Wasco County.

Mabrey told The Dalles Chronicle last year he believed he was under investigation because he obtained health insurance for Hawkins, his then-girlfriend, through Wasco County before they were married.

He said the couple had been living together since 1991, but did not get married until February 2002 because it would have hurt his wife's financial settlement from her previous marriage.

Mabrey said a lawyer told him they qualified for a common law marriage because they had lived together for so long, so Mabrey added Hawkins to his health insurance plan.

Under the Oregon Constitution, a legislator is automatically expelled from the Legislature if convicted of a felony during his or her term.

House Majority Leader Tim Knopp, R-Bend, said Mabrey has been a very valuable lawmaker who helped craft a $2.5 billion road and bridge funding package passed by legislators.

"He's had a very strong first term," Knopp said. "We look forward to a resolution of the charges that are pending."

Knopp said he expects few interruptions to Mabrey's ability to serve the remainder of the legislative session.

Mabrey and Hawkins have not been arrested. Arraignment was set for Monday.

Mabrey was a Wasco County commissioner from 1988-2002 and mayor of The Dalles from 1984-1988.

He narrowly defeated Democrat Jim Gilbertson of Culver to win the House seat in November 2002.

Three other legislators were subject to criminal charges in recent times, since the mid-1980s.

The late Sen. Peg Jolin, a Cottage Grove Democrat, was convicted in 1992 of eight felony counts of election law violations and seven misdemeanor theft charges in connection with improper fund-raising.

Jolin resigned her Senate seat in 1993 and died in 2001.

Former Republican state Sen. Bill Olson of Medford pleaded guilty in 1987 to a misdemeanor charge of sexual abuse of a 13-year-old girl. Voters recalled him from office in 1988.

Former Republican state Rep. Pat Gillis of Portland was indicted in 1985, early in his first legislative session, on a charge of lying in the state Voters' Pamphlet.

Voters recalled him from office a month later. He was later acquitted of the charge.