Chapter 828 Oregon Laws 2001

AN ACT

HB 2646

Relating to assault; amending ORS 163.208 and 166.470; and appropriating money.

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

SECTION 1. ORS 163.208 is amended to read:

163.208. (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth [corrections] correction officer, parole and probation officer,[or] firefighter or staff member, and while the other person is acting in the course of official duty.

(2) Assaulting a public safety officer is a [Class A misdemeanor] Class C felony.

(3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

(b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

(4) As used in this section, “staff member” means:

(a) A corrections officer as defined in ORS 181.610, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates or youth offenders; and

(b) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates or youth offenders.

SECTION 2. ORS 166.470 is amended to read:

166.470. (1) Unless relief has been granted under ORS 166.274, 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, no person shall intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:

(a) Is under 18 years of age;

(b) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(d) Is free on any form of pretrial release for a felony;

(e) Was committed to the Mental Health and Developmental Disability Services Division under ORS 426.130;

(f) After January 1, 1990, was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

(g) Has been convicted of a misdemeanor involving violence or found guilty, except for insanity under ORS 161.295, of a misdemeanor involving violence within the previous four years. As used in this paragraph, “misdemeanor involving violence” means a misdemeanor described in ORS 163.160, 163.190, 163.195[, 163.208] or 166.155 (1)(b).

(2) No person shall sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.

(3) Subsection (1)(a) of this section does not prohibit:

(a) The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or

(b) The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.

(4) Violation of this section is a Class A misdemeanor.

SECTION 3. In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $341,603, for allocation to the Department of Corrections, after the April 2002 prison population forecast, for population management issues resulting from implementation of ORS 163.208, as amended by section 1 of this 2001 Act. If any of the moneys appropriated to the Emergency Board under this section are not allocated by the Emergency Board before November 1, 2002, the unallocated moneys on that date become available for any other purpose for which the Emergency Board lawfully may allocate funds.

SECTION 4. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Corrections, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $179,469, which may be expended to cover additional community corrections supervision costs resulting from implementation of ORS 163.208, as amended by section 1 of this 2001 Act.

Approved by the Governor July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date January 1, 2002

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