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 3112
 
                         House Bill 3050
 
Sponsored by Representative KROPF (at the request of Mayor Scott
  Simpson and Lebanon Police Chief Michael Healy)
 
 
                             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 as
introduced.
 
  Provides, for purposes of unlawful use of a vehicle, that it is
prima facie evidence of gross deviation from agreement that
person retains possession of vehicle, boat or aircraft for 72
hours beyond time for its return.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 164.135.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 164.135 is amended to read:
  164.135. (1) A person commits the crime of unauthorized use of
a vehicle when:
  (a) The person takes, operates, exercises control over, rides
in or otherwise uses another's vehicle, boat or aircraft without
consent of the owner;   { - or - }
  (b) Having custody of a vehicle, boat or aircraft pursuant to
an agreement between the person or another and the owner thereof
whereby the person or another is to perform for compensation a
specific service for the owner involving the maintenance, repair
or use of such vehicle, boat or aircraft, the person
intentionally uses or operates it, without consent of the owner,
for the person's own purpose in a manner constituting a gross
deviation from the agreed purpose; or
  (c) Having custody of a vehicle, boat or aircraft pursuant to
an agreement with the owner thereof whereby such vehicle, boat or
aircraft is to be returned to the owner at a specified time, the
person knowingly retains or withholds possession thereof without
consent of the owner for so lengthy a period beyond the specified
time as to render such retention or possession a gross deviation
from the agreement. { +  It is prima facie evidence that the
retention or possession of a vehicle, boat or aircraft is a gross
deviation from the agreement if the person retains or withholds
possession of the vehicle, boat or aircraft for 72 hours or more
beyond the time specified for its return. + }
  (2) Unauthorized use of a vehicle, boat or aircraft is a Class
C felony.
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