71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 2947
 
LC 3316/HB 2947-A3
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2947
 
                    By COMMITTEE ON JUDICIARY
 
                             May 25
 
  On page 1 of the printed A-engrossed bill, delete lines 4
through 28 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 - } :
  ' (a)  { + With the intent to interfere with research, + }
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)  { + With the intent to interfere with research, + }
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)  { + With the intent to interfere with research, + }
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, - }
 { +  with the intent to interfere with research by + }
concealing, abandoning or destroying such records, data,
materials, equipment or animals.
  '  { - (f) - }  { +  (e) + }  { + With the intent to interfere
with research, + } 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.'.
  On page 2, delete lines 1 through 12.
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