71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2947
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to crime; amending ORS 167.312 and 167.388.
Be It Enacted by the People of the State of Oregon:
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 + }.
Enrolled House Bill 2947 (HB 2947-B) Page 1
{ + (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
Enrolled House Bill 2947 (HB 2947-B) Page 2
defendant to pay restitution to the owner of the animal or the
owner of the livestock production facility.
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Passed by House April 19, 2001
Repassed by House June 1, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 30, 2001
...........................................................
President of Senate
Enrolled House Bill 2947 (HB 2947-B) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2947 (HB 2947-B) Page 4