71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 378
 
                           A-Engrossed
 
                         House Bill 2092
                 Ordered by the House January 31
           Including House Amendments dated January 31
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Betsy Close
  for David Amesbury)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Expands types of proceedings in which murder of juror or
witness becomes aggravated murder.
 
                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  163.095.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.095 is amended to read:
  163.095. As used in ORS 163.105 and this section, ' aggravated
murder' means murder as defined in ORS 163.115 which is committed
under, or accompanied by, any of the following circumstances:
  (1)(a) The defendant committed the murder pursuant to an
agreement that the defendant receive money or other thing of
value for committing the murder.
  (b) The defendant solicited another to commit the murder and
paid or agreed to pay the person money or other thing of value
for committing the murder.
  (c) The defendant committed murder after having been convicted
previously in any jurisdiction of any homicide, the elements of
which constitute the crime of murder as defined in ORS 163.115 or
manslaughter in the first degree as defined in ORS 163.118.
  (d) There was more than one murder victim in the same criminal
episode as defined in ORS 131.505.
  (e) The homicide occurred in the course of or as a result of
intentional maiming or torture of the victim.
  (f) The victim of the intentional homicide was a person under
the age of 14 years.
  (2)(a) The victim was one of the following and the murder was
related to the performance of the victim's official duties in the
justice system:
  (A) A police officer as defined in ORS 181.610;
  (B) A correctional, parole or probation officer or other person
charged with the duty of custody, control or supervision of
convicted persons;
  (C) A member of the Oregon State Police;
  (D) A judicial officer as defined in ORS 1.210;
    { - (E) A juror or witness in a criminal proceeding; - }
    { - (F) - }   { + (E) + } An employee or officer of a court
of justice; or
    { - (G) - }   { + (F) + } A member of the State Board of
Parole and Post-Prison Supervision.
  (b) The defendant was confined in a state, county or municipal
penal or correctional facility or was otherwise in custody when
the murder occurred.
  (c) The defendant committed murder by means of an explosive as
defined in ORS 164.055.
  (d) Notwithstanding ORS 163.115 (1)(b), the defendant
personally and intentionally committed the homicide under the
circumstances set forth in ORS 163.115 (1)(b).
  (e) The murder was committed in an effort to conceal the
commission of a crime, or to conceal the identity of the
perpetrator of a crime.
  (f) The murder was committed after the defendant had escaped
from a state, county or municipal penal or correctional facility
and before the defendant had been returned to the custody of the
facility.
   { +  (3) The victim was a juror or a witness in a criminal
proceeding or a witness in a juvenile proceeding under ORS
419C.005 and the murder was related to the performance of the
victim's official duties as a juror or witness. As used in this
subsection, 'witness' means a person who has testified in a
criminal proceeding or a juvenile proceeding under ORS 419C.005
or a person who knows or is expected to know material facts about
the crime, or material facts about the act committed by a
juvenile, and has been or is likely to be summoned to testify
about those facts at some stage of the proceeding. + }
  SECTION 2.  { + The amendments to ORS 163.095 by section 1 of
this 2001 Act apply only to offenses committed on or after the
effective date of this 2001 Act. + }
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