71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2353
 
LC 375/HB 2353-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2353
 
                    By COMMITTEE ON JUDICIARY
 
                             March 2
 
  On page 1 of the printed bill, line 2, after 'substances '
insert a period and delete the rest of the line.
  Delete lines 4 through 27 and delete pages 2 through 4 and
insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2001 Act is added
to and made a part of ORS 475.940 to 475.995. + }
  '  { +  SECTION 2. + }  { + (1) A person commits the crime of
causing another person to ingest a controlled substance if the
person knowingly or intentionally causes the other person to
ingest, other than by administering or dispensing, a controlled
substance or a controlled substance analog without consent of the
other person. A person who violates this subsection is guilty of
a Class C felony.
  ' (2) Notwithstanding subsection (1) of this section, causing
another person to ingest a controlled substance is a Class A
felony if the person, with the intent of committing or
facilitating a crime of violence against the other person,
knowingly or intentionally causes the other person to ingest a
controlled substance or a controlled substance analog without
consent of the other person.
  ' (3) For the purposes of this section:
  ' (a)(A) Except as provided in subparagraph (B) of this
paragraph, 'controlled substance analog' means a substance that:
  ' (i) Has a chemical structure that is substantially similar to
the chemical structure of a controlled substance in Schedule I or
II.
  ' (ii) Has a stimulant, depressant or hallucinogenic effect on
the central nervous system that is substantially similar to or
greater than the stimulant, depressant or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
  ' (B) 'Controlled substance analog' does not include:
  ' (i) A controlled substance;
  ' (ii) Any substance that has an approved drug application;
  ' (iii) Any substance exempted under 21 U.S.C. 355 if the
ingestion is within the scope of investigation authorized under
21 U.S.C. 355; or
  ' (iv) Distilled spirits, wine or malt beverages.
  ' (b) 'Crime of violence' means:
  ' (A) Rape in the first degree, as defined in ORS 163.375;
  ' (B) Sodomy in the first degree, as defined in ORS 163.405;
  ' (C) Unlawful sexual penetration in the first degree, as
defined in ORS 163.411;
  ' (D) Sexual abuse in the first degree, as defined in ORS
163.427;
  ' (E) Kidnapping in the first degree, as defined in ORS
163.235;
  ' (F) Kidnapping in the second degree, as defined in ORS
163.225;
 
  ' (G) Assault in the first degree, as defined in ORS 163.185;
or
  ' (H) Assault in the second degree, as defined in ORS 163.175.
  ' (c) 'Ingest' means to consume or otherwise deliver a
controlled substance into the body of a person, except that '
ingest' does not include inhalation of marijuana smoke. + } ' .
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