71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2947
 
LC 3316/HB 2947-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2947
 
                    By COMMITTEE ON JUDICIARY
 
                            April 12
 
  In line 2 of the printed bill, after 'crime;' delete the rest
of the line and insert 'amending ORS 167.312 and 167.388.'.
  Delete lines 4 through 29 and insert:
  '  { +  SECTION 1. + } ORS 167.312 is amended to read:
  ' 167.312. (1) A person commits the crime of research and
animal interference if the person   { - knowingly - }  does any
of the following  { + with the intent to interfere with
research + }:
  ' (a) Releases, steals or otherwise causes the death, injury or
loss of any animal at or from an animal research facility  { - ,
other than death, injury or loss incurred during or as the result
of legitimate animal medical research and experimentation - } .
  ' (b) Damages, vandalizes or steals any property in or on an
animal research facility   { - for the purpose of damaging,
destroying or delaying animal medical research or
experimentation - } .
  ' (c) Obtains access to an animal research facility   { - by
misrepresentation for the purpose of performing - }  { +  to
perform + } acts not authorized by that facility.
  '  { - (d) Enters an animal research facility to destroy,
alter, duplicate or obtain unauthorized possession of records,
data, materials, equipment or animals. - }
  '  { - (e) - }  { +  (d) + } Obtains or exerts unauthorized
control over records, data, materials, equipment or animals of
any animal research facility   { - for the purpose of using,
concealing, abandoning or destroying such records, data,
materials, equipment or animals - } .
  '  { - (f) - }  { +  (e) + } Possesses or uses equipment or
animals that the person reasonably believes have been obtained by
theft or deception from an animal research facility or without
the authorization of an animal research facility.
  ' (2) For the purposes of this section, 'animal research
facility' means any facility engaging in legal scientific or
agricultural research or teaching involving the use of animals.
  ' (3) Research and animal interference is a { + :
  ' (a) + } Class C felony { +  if damage to the animal research
facility is $2,500 or more; or
  ' (b) Class A misdemeanor if there is no damage to the facility
or if damage to the animal research facility is less than
$2,500 + }.
  '  { +  (4) Determination of damages to an animal research
facility shall be made by the court. In making its determination,
the court shall consider the reasonable costs of:
  ' (a) Replacing lost, injured or destroyed animals;
  ' (b) Restoring the animal research facility to the approximate
condition of the facility before the damage occurred; and
  ' (c) Replacing damaged or missing records, data, material or
equipment. + }
 
 
  '  { - (4) - }   { + (5) + } In addition to any other penalty
imposed for violation of this section, a person convicted of such
violation is liable:
  ' (a) To the owner of the animal for damages, including the
costs of restoring the animal to confinement and to its health
condition prior to commission of the acts constituting the
violation;
  ' (b) For damages to real and personal property caused by acts
constituting the violation; and
  ' (c) The costs of repeating an experiment, including the
replacement of the animals, labor and materials, if acts
constituting the violation cause the failure of an experiment.
  '  { +  SECTION 2. + } ORS 167.388 is amended to read:
  ' 167.388. (1) A person commits the crime of interference with
livestock production when the person { + , with the intent to
interfere with livestock production + }:
  ' (a)   { - Knowingly or intentionally - }  Takes,
appropriates, obtains or withholds livestock from the owner
thereof, or causes the loss, death or injury of any livestock
maintained at a livestock production facility;
  ' (b) Damages, vandalizes or steals any property located on a
livestock production facility; { +  or + }
  '  { - (c) Enters a livestock production facility with an
intent to destroy, alter, duplicate or obtain unauthorized
possession of records, data, materials or equipment and
substances used in the breeding and production of livestock;
or - }
  '  { - (d) - }  { +  (c) + } Obtains access to a livestock
production facility
  { - under false pretenses for the purpose of performing - }
 { +  to perform + } any act contained in this subsection or any
other act not authorized by the livestock production facility.
  ' (2) The crime of interference with livestock production is:
  ' (a) A Class C felony if damage to the  { + livestock
production + } facility is   { - greater than - }  $2,500 { +  or
more + };   { - and - }  { +  or + }
  ' (b) A Class A misdemeanor if there is no damage to the  { +
livestock production + } facility or if damage to the facility is
less than $2,500.
  ' (3) Determination of damages to a livestock production
facility shall be made by the court. In making its determination,
the court shall consider the reasonable costs of:
  ' (a) Replacing lost, injured or destroyed livestock;
  ' (b) Restoring the livestock production facility to the
approximate condition of the facility before the damage occurred;
and
  ' (c) Replacing damaged or missing records, data, material,
equipment or substances used in the breeding and production of
livestock.
  ' (4) In addition to any criminal sanctions, if a defendant is
convicted of the crime of interference with livestock production
under subsection (1) of this section, the court shall order the
defendant to pay restitution to the owner of the animal or the
owner of the livestock production facility.'.
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