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 1862
 
                           A-Engrossed
 
                         House Bill 2646
                  Ordered by the Senate May 23
            Including Senate Amendments dated May 23
 
Sponsored by Representative MINNIS, Senator MINNIS;
  Representatives DOYLE, KNOPP, WILLIAMS, WINTERS, Senators
  CORCORAN, DECKERT, HARPER (at the request of Oregon Council of
  Police Associations, Association of Oregon Corrections
  Employees)
 
 
                             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.
 
    { - Reclassifies crime of assaulting public safety officer.
Punishes by maximum five years' imprisonment, $100,000 fine, or
both. - }
   { +  Adds requirement of prior conviction of person felony or
misdemeanor involving violence to support conviction of assault
in third degree for causing physical injury to operator of public
transit vehicle, staff member of youth correction facility or
emergency medical technician. Makes causing physical injury to
peace officer, corrections officer, parole or probation officer,
firefighter or staff member constitute assault in third degree if
perpetrator has previously been convicted of person felony or
misdemeanor involving violence. + }
 
                        A BILL FOR AN ACT
Relating to assault; amending ORS 163.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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; - }
    { - (e) - }  { +  (d) + } 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) - }  { +  (e) + } Being at least 18 years of age,
intentionally or knowingly causes physical injury to a child 10
years of age or younger;   { - or - }
    { - (i) - }  { +  (f) + } 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 { + ; or + }   { - . - }
   { +  (g) Having previously been convicted of a person felony
or a misdemeanor involving violence in this state or an
equivalent offense in another jurisdiction or having previously
been found to be within the jurisdiction of the juvenile court
for an act that would constitute a person felony or a misdemeanor
involving violence if committed by an adult:
  (A) 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 subparagraph, '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;
  (B) Intentionally or knowingly causes physical injury to
another knowing the other person is a peace officer, corrections
officer, youth corrections officer, parole and probation officer,
firefighter or staff member while the other person is acting in
the course of official duty; or
  (C) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician, as that term is
defined in ORS 682.025, while the technician is performing
official duties. + }
  (2) Assault in the third degree is a Class C felony. When a
person is convicted of violating { + :
  (a) Subsection (1)(g)(B) of this section, the court shall
sentence the person to, and the person shall serve:
  (A) At least seven days of imprisonment if the victim is a
corrections officer, youth corrections officer, parole and
probation officer or firefighter.
  (B) At least 14 days of imprisonment if the victim is a peace
officer.
  (b) + } Subsection   { - (1)(i) - }  { +  (1)(f) + }  { +
 + }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) 'Misdemeanor involving violence' has the meaning
given that term in ORS 166.470.
  (c) 'Person felony' has the meaning given that term in the
rules of the Oregon Criminal Justice Commission. + }
    { - (b) - }  { +  (d) + } '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) - }  { +  (e) + } 'Youth correction facility' has the
meaning given that term in ORS 162.135.
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