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 797
A-Engrossed
House Bill 2379
Ordered by the House March 1
Including House Amendments dated March 1
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Oregon Criminal Defense Lawyers Association)
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.
Excludes riding in or using public transit vehicle from crime
of unauthorized use of motor vehicle. { + Expands crime of
interfering with public transportation. + }
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 163.165
and 164.135; and repealing ORS 166.115.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.135 is amended to read:
164.135. (1) A person commits the crime of unauthorized use of
a vehicle when:
(a) The person takes, operates, exercises control over, rides
in or otherwise uses another's vehicle, boat or aircraft without
consent of the owner; or
(b) Having custody of a vehicle, boat or aircraft pursuant to
an agreement between the person or another and the owner thereof
whereby the person or another is to perform for compensation a
specific service for the owner involving the maintenance, repair
or use of such vehicle, boat or aircraft, the person
intentionally uses or operates it, without consent of the owner,
for the person's own purpose in a manner constituting a gross
deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to
an agreement with the owner thereof whereby such vehicle, boat or
aircraft is to be returned to the owner at a specified time, the
person knowingly retains or withholds possession thereof without
consent of the owner for so lengthy a period beyond the specified
time as to render such retention or possession a gross deviation
from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class
C felony.
{ + (3) Subsection (1)(a) of this section does not apply to a
person who rides in or otherwise 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.
----------