71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2646
 
LC 1862/HB 2646-A18
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2646
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             July 4
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
163.165' and insert '163.208 and 166.470; and appropriating
money'.
  Delete lines 4 through 23 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 163.208 is amended to read:
  ' 163.208. (1) A person commits the crime of assaulting a
public safety officer if the person intentionally or knowingly
causes physical injury to the other person, knowing the other
person to be a peace officer, corrections officer, youth
  { - corrections - }   { + correction + } officer, parole and
probation officer { + , + }
  { - or - }  firefighter { +  or staff member + }, and while the
other person is acting in the course of official duty.
  ' (2) Assaulting a public safety officer is a   { - Class A
misdemeanor - }  { +  Class C felony + }.
  ' (3)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person convicted under this section shall be
sentenced to not less than seven days of imprisonment and shall
not be granted bench parole or suspension of sentence nor
released on a sentence of probation before serving at least seven
days of the sentence of confinement.
  ' (b) A person convicted under this section shall be sentenced
to not less than 14 days of imprisonment and shall not be granted
bench parole or suspension of sentence nor released on a sentence
of probation before serving at least 14 days of the sentence of
confinement if the victim is a peace officer.
  '  { +  (4) As used in this section, 'staff member' means:
  ' (a) A corrections officer as defined in ORS 181.610, a youth
correction 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. + }
  '  { +  SECTION 2. + } ORS 166.470 is amended to read:
  ' 166.470. (1) Unless relief has been granted under ORS
166.274, 18 U.S.C. 925(c) or the expunction laws of this state or
an equivalent law of another jurisdiction, no person shall
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
  ' (a) Is under 18 years of age;
  ' (b) Has been convicted of a felony or found guilty, except
for insanity under ORS 161.295, of a felony;
  ' (c) Has any outstanding felony warrants for arrest;
  ' (d) Is free on any form of pretrial release for a felony;
  ' (e) Was committed to the Mental Health and Developmental
Disability Services Division under ORS 426.130;
 
  ' (f) After January 1, 1990, was found to be mentally ill and
subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness; or
  ' (g) Has been convicted of a misdemeanor involving violence or
found guilty, except for insanity under ORS 161.295, of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.190, 163.195  { - ,
163.208 - } or 166.155 (1)(b).
  ' (2) No person shall sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  ' (3) Subsection (1)(a) of this section does not prohibit:
  ' (a) The parent or guardian, or another person with the
consent of the parent or guardian, of a minor from transferring
to the minor a firearm, other than a handgun; or
  ' (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  ' (4) Violation of this section is a Class A misdemeanor.
  '  { +  SECTION 3. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Emergency
Board, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $341,603, for allocation to the
Department of Corrections, after the April 2002 prison population
forecast, for population management issues resulting from
implementation of ORS 163.208, as amended by section 1 of this
2001 Act. If any of the moneys appropriated to the Emergency
Board under this section are not allocated by the Emergency Board
before November 1, 2002, the unallocated moneys on that date
become available for any other purpose for which the Emergency
Board lawfully may allocate funds. + }
  '  { +  SECTION 4. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Corrections, for the biennium beginning July 1, 2001, out of
the General Fund, the amount of $179,469, which may be expended
to cover additional community corrections supervision costs
resulting from implementation of ORS 163.208, as amended by
section 1 of this 2001 Act. + } ' .
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