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 375
 
                           B-Engrossed
 
                         House Bill 2353
                 Ordered by the Senate April 27
 Including House Amendments dated March 2 and Senate Amendments
                         dated April 27
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee)
 
 
                             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.
 
  Creates crime of causing another person to ingest controlled
substance with intent to commit crime of violence. Punishes by
maximum of 20 years' imprisonment, $300,000 fine, or both.
  Creates crime of causing another person to ingest a controlled
substance.  { + Punishes by maximum of 10 years' imprisonment,
$200,000 fine, or both. + }
    { - Punishes by maximum of five years' imprisonment, $100,000
fine, or both. - }
   { +  Directs Oregon Criminal Justice Commission regarding
placement of crimes in sentencing guidelines grid. + }
 
                        A BILL FOR AN ACT
Relating to controlled substances.
Be It Enacted by the People of the State of Oregon:
  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 B 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. + }
  SECTION 3.  { + (1) The Oregon Criminal Justice Commission
shall classify causing another person to ingest a controlled
substance as a person felony and crime category 8 of the
sentencing guidelines grid of the commission.
  (2) The Oregon Criminal Justice Commission shall classify
causing another person to ingest a controlled substance with the
intent of committing or facilitating a crime of violence against
the other person as a person felony and crime category 9 of the
sentencing guidelines grid of the commission. + }
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