Chapter 554 Oregon Laws 2001

AN ACT

HB 2947

Relating to crime; amending ORS 167.312 and 167.388.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 167.312 is amended to read:

167.312. (1) A person commits the crime of research and animal interference if the person [knowingly does any of the following]:

(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility[, other than death, injury or loss incurred during or as the result of legitimate animal medical research and experimentation].

(b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility [for the purpose of damaging, destroying or delaying animal medical research or experimentation].

(c) With the intent to interfere with research, obtains access to an animal research facility [by misrepresentation for the purpose of performing] to perform acts not authorized by that facility.

[(d) Enters an animal research facility to destroy, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or animals.]

[(e)] (d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility [for the purpose of using,] with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals.

[(f)] (e) With the intent to interfere with research, possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.

(2) For the purposes of this section, “animal research facility” means any facility engaging in legal scientific or agricultural research or teaching involving the use of animals.

(3) Research and animal interference is a:

(a) Class C felony if damage to the animal research facility is $2,500 or more; or

(b) Class A misdemeanor if there is no damage to the facility or if damage to the animal research facility is less than $2,500.

(4) Determination of damages to an animal research facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:

(a) Replacing lost, injured or destroyed animals;

(b) Restoring the animal research facility to the approximate condition of the facility before the damage occurred; and

(c) Replacing damaged or missing records, data, material or equipment.

[(4)] (5) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:

(a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;

(b) For damages to real and personal property caused by acts constituting the violation; and

(c) The costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment.

SECTION 2. ORS 167.388 is amended to read:

167.388. (1) A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production:

(a) [Knowingly or intentionally] Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock maintained at a livestock production facility;

(b) Damages, vandalizes or steals any property located on a livestock production facility; or

[(c) Enters a livestock production facility with an intent to destroy, alter, duplicate or obtain unauthorized possession of records, data, materials or equipment and substances used in the breeding and production of livestock; or]

[(d)] (c) Obtains access to a livestock production facility [under false pretenses for the purpose of performing] to perform any act contained in this subsection or any other act not authorized by the livestock production facility.

(2) The crime of interference with livestock production is:

(a) A Class C felony if damage to the livestock production facility is [greater than] $2,500 or more; [and] or

(b) A Class A misdemeanor if there is no damage to the livestock production facility or if damage to the facility is less than $2,500.

(3) Determination of damages to a livestock production facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:

(a) Replacing lost, injured or destroyed livestock;

(b) Restoring the livestock production facility to the approximate condition of the facility before the damage occurred; and

(c) Replacing damaged or missing records, data, material, equipment or substances used in the breeding and production of livestock.

(4) In addition to any criminal sanctions, if a defendant is convicted of the crime of interference with livestock production under subsection (1) of this section, the court shall order the defendant to pay restitution to the owner of the animal or the owner of the livestock production facility.

Approved by the Governor June 22, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date January 1, 2002

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