71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2379
 
LC 797/HB 2379-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2379
 
                    By COMMITTEE ON JUDICIARY
 
                             March 1
 
  In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; amending
ORS 163.165 and 164.135; and repealing ORS 166.115.'.
  Delete lines 20 through 22 and insert 'uses a public transit
vehicle, as defined in section 3 of this 2001 Act, if the vehicle
is being operated by an authorized operator within the scope of
the operator's employment.
  '  { +  SECTION 2. + }  { + ORS 166.115 is repealed and section
3 of this 2001 Act is enacted in lieu thereof. + }
  '  { +  SECTION 3. + }  { + (1) A person commits the crime of
interfering with public transportation if the person:
  ' (a) Intentionally or knowingly enters a public transit
vehicle or public transit station when the person has been
lawfully excluded therefrom by a person in charge;
  ' (b) Intentionally or knowingly interferes with the provision
or use of public transportation services by, among other things,
interfering with the movement of, or access to, public transit
vehicles;
  ' (c) While in or on a public transit vehicle or public transit
station, recklessly creates a risk of public inconvenience,
annoyance or alarm by engaging in unruly, harmful or harassing
behavior; or
  ' (d) Subjects a public transportation passenger, employee,
agent or security officer or transit police officer to offensive
physical contact.
  ' (2) Interfering with public transportation is a Class A
misdemeanor.
  ' (3) As used in this section:
  ' (a) 'Public transit station' includes all facilities,
structures, lands and rights of way that are owned, leased, held
or used for the purposes of providing public transportation
services.
  ' (b) 'Public transit vehicle' means a vehicle that is used for
public transportation or operated by or under contract to any
public body in order to provide public transportation.
  ' (c) 'Public transportation' means transportation provided by
a city, county, special district or any other political
subdivision or municipal or public corporation. + }
  '  { +  SECTION 4. + } ORS 163.165 is amended to read:
  ' 163.165. (1) A person commits the crime of assault in the
third degree if the person:
  ' (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
  ' (b) Recklessly causes serious physical injury to another
under circumstances manifesting extreme indifference to the value
of human life;
  ' (c) Recklessly causes physical injury to another by means of
a deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
 
  ' (d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle'   { - means a vehicle that is operated by or under
contract to any public body, as defined in ORS 166.115, in order
to provide public transportation - }  { +  has the meaning given
that term in section 3 of this 2001 Act + };
  ' (e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
  ' (f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
  ' (g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 682.025, while the technician or
paramedic is performing official duties;
  ' (h) Being at least 18 years of age, intentionally or
knowingly causes physical injury to a child 10 years of age or
younger; or
  ' (i) Knowing the other person is a staff member, intentionally
or knowingly propels any dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties.
  ' (2) Assault in the third degree is a Class C felony. When a
person is convicted of violating subsection (1)(i) of this
section, in addition to any other sentence it may impose, the
court shall impose a term of incarceration in a state correction
facility.
  ' (3) As used in this section:
  ' (a) 'Dangerous substance' includes, but is not limited to,
blood, urine, saliva, semen and feces.
  ' (b) 'Staff member' means:
  ' (A) A corrections officer as defined in ORS 181.610, a youth
corrections 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.
  ' (c) 'Youth correction facility' has the meaning given that
term in ORS 162.135.'.
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