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
 
                         House Bill 2379
 
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 as
introduced.
 
  Excludes riding in or using public transit vehicle from crime
of unauthorized use of motor vehicle.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 164.135.
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 used in this subsection, '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. + }
                         ----------