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 1301
 
                         House Bill 2385
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Representative Shetterly)
 
 
                             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.
 
  Creates crime of interference with agricultural research.
Punishes by maximum of five years' imprisonment, $100,000 fine,
or both.
  Imposes liability for specified acts upon conviction.
 
                        A BILL FOR AN ACT
Relating to agricultural research.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the crime of interference
with agricultural research if the person knowingly does any of
the following:
  (a) Destroys, vandalizes or steals any property or otherwise
causes injury or loss at an agricultural research facility, other
than injury or loss incurred during or as the result of
legitimate agricultural research and experimentation.
  (b) Damages, vandalizes or steals any property at an
agricultural research facility for the purpose of damaging,
destroying or delaying agricultural research or experimentation.
  (c) Obtains access to an agricultural research facility by
misrepresentation for the purpose of performing acts not
authorized by that facility.
  (d) Enters an agricultural research facility to destroy, alter,
duplicate or obtain unauthorized possession of records, data,
materials, equipment or specimens.
  (e) Obtains or exerts unauthorized control over records, data,
materials, equipment or specimens of any agricultural research
facility for the purpose of using, concealing, abandoning or
destroying such records, data, materials, equipment or specimens.
  (f) Possesses or uses records, data, materials, equipment or
specimens that the person reasonably believes have been obtained
by theft or deception from an agricultural research facility or
without the authorization of the agricultural research facility.
  (2) Interference with agricultural research is a Class C
felony.
  (3) For the purposes of this section, 'agricultural research
facility' means any facility or equipment on private, state or
federal land that is being used for legal or scientific research
or teaching that:
 
  (a) Is conducted by a private individual, university,
government, business or nonprofit foundation; and
  (b) Involves the use of agricultural or silvicultural products
or specimens.
  (4) In addition to any other penalty imposed for violation of
this section, a person convicted of interference with
agricultural research is liable for:
  (a) Damages to real and personal property caused by acts
constituting the violation; and
  (b) The costs of repeating an experiment, including the
replacement of the records, data, equipment, specimens, labor and
materials, if acts constituting the violation cause the failure
of the experiment. + }
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