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 2926
 
                           A-Engrossed
 
                         House Bill 3035
                   Ordered by the House May 22
             Including House Amendments dated May 22
 
Sponsored by Representative PATRIDGE (at the request of the Kelly
  family)
 
 
                             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.
 
    { - Creates crime of unlawful administration of controlled
substance. Punishes by maximum of 20 years' imprisonment,
$300,000 fine, or both. - }
   { +  Provides that it is unlawful to intentionally apply
controlled substance to body of another person under 18 years of
age. Specifies that violation ranges from Class A felony,
punishable by maximum 20 years' imprisonment, $300,000 fine, or
both, to Class A misdemeanor, punishable by maximum one year's
imprisonment, $5,000 fine, or both. Provides that classification
depends upon Schedule of controlled substance involved. + }
 
                        A BILL FOR AN ACT
Relating to controlled substances.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 475.940 to 475.995. + }
  SECTION 2.  { + (1) Except as authorized by ORS 475.005 to
475.285 or 475.940 to 475.995, it is unlawful for any person to
intentionally apply a controlled substance to the body of another
person by injection, inhalation, ingestion or any other means if
the other person is under 18 years of age. A person who violates
this section with respect to:
  (a) A controlled substance in Schedule I or II, is guilty of a
Class A felony classified as crime category 9 of the sentencing
guidelines grid of the Oregon Criminal Justice Commission.
  (b) A controlled substance in Schedule III, is guilty of a
Class B felony classified as crime category 8 of the sentencing
guidelines grid of the Oregon Criminal Justice Commission.
  (c) A controlled substance in Schedule IV, is guilty of a Class
C felony.
  (d) A controlled substance in Schedule V, is guilty of a Class
A misdemeanor.
  (2) It is a defense to a charge of violating subsection (1) of
this section by applying marijuana that the person applying the
marijuana was less than three years older than the victim at the
time of the alleged offense. + }
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