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
B-Engrossed
House Bill 2646
Ordered by the Senate July 4
Including Senate Amendments dated May 23 and July 4
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 163.208 and 166.470; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
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. + }
----------