71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2930
 
LC 3093/HB 2930-7
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2930
 
                    By COMMITTEE ON JUDICIARY
 
                            April 26
 
  On page 1 of the printed bill, line 4, delete '5' and insert
'7'.
  In line 7, delete 'bred' and insert 'reared'.
  In line 14, delete 'breeds' and insert 'rears'.
  On page 2, line 1, delete the period and insert 'with the
intent that the gaff, slasher or other sharp implement be used in
cockfighting.
  ' (2) Subsection (1)(a) of this section does not apply to the
owning, possessing, keeping, rearing, buying, selling,
advertising or otherwise offering for sale of a bird for purposes
other than training the bird as a fighting bird, using or
intending to use the bird in cockfighting or supplying the bird
knowing that the bird is intended to be used in cockfighting.'.
  In line 2, delete '(2)' and insert '(3)'.
  In line 8, delete 'for' and insert 'intended for use in ' in
both places.
  After line 38, insert:
  '  { +  SECTION 6. + }  { + (1) As used in this section and
section 7 of this 2001 Act, 'constructive possession' means an
exercise of dominion and control over the location and treatment
of property without taking physical possession of the property.
  ' (2) A peace officer having jurisdiction may, upon probable
cause to believe that a bird is a fighting bird as defined in
section 1 of this 2001 Act, take constructive possession of the
bird on behalf of the law enforcement agency employing the
officer.
  ' (3) A peace officer who takes constructive possession of an
alleged fighting bird pursuant to this section must do the
following:
  ' (a) Place a tag or other device approved by the law
enforcement agency on the cage or other enclosure where the
fighting bird is located. The tag or other device must clearly
state that it is unlawful to conceal, remove or release the bird
for purposes of interfering with law enforcement agency control
over the bird.
  ' (b) Notify the owner, possessor or keeper of the bird that
the bird has been seized by the law enforcement agency and may
not be removed until authorized by a court or as provided in this
section.
  ' (c) Promptly apply to an appropriate court for an order
described in section 4 of this 2001 Act.
  ' (4) If a law enforcement agency takes constructive possession
of a fighting bird under this section, the owner, possessor or
keeper of the bird shall provide all necessary care for the bird.
  ' (5) Constructive possession of an alleged fighting bird
pursuant to this section terminates when a court order described
in section 4 of this 2001 Act is served on the owner, possessor
or keeper of the bird, or after 24 hours, whichever occurs
first. + }
 
  '  { +  SECTION 7. + }  { + A person commits the crime of
forcible recovery of a fighting bird if the person knowingly
dispossesses, or knowingly attempts to dispossess, a law
enforcement agency of constructive possession of a fighting bird,
as defined in section 1 of this 2001 Act. Forcible recovery of a
fighting bird is a Class C felony. + } ' .
  In line 39, delete '6' and insert '8'.
  On page 4, line 6, delete the second 'and' and insert a comma
and after '3' insert 'and 7'.
  In line 7, after 'fighting' insert ', forcible recovery of a
fighting bird'.
  On page 5, line 10, delete '7' and insert '9'.
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