71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 3244
 
Sponsored by Representatives GARDNER, WINTERS, Senators CARTER,
  DUNCAN; Representatives ACKERMAN, BACKLUND, BARNHART, BECK,
  BUTLER, CARLSON, CLOSE, DEVLIN, DOYLE, HANSEN, HASS, HILL,
  KING, KRIEGER, KROPF, KRUSE, LEE, LEONARD, LOWE, MARCH,
  MERKLEY, MONNES ANDERSON, MORRISETTE, NELSON, PATRIDGE,
  ROSENBAUM, T SMITH, STARR, TOMEI, VERGER, C WALKER, V WALKER,
  WILSON, WITT, ZAUNER, Senators L BEYER, BROWN, BURDICK,
  CASTILLO, CORCORAN, COURTNEY, DECKERT, FERRIOLI, GEORGE,
  GORDLY, HANNON, HARPER, MESSERLE, NELSON, SHIELDS, STARR, TROW
  (at the request of Michael Tolley for City of Portland Taxicab
  Board of Review)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to crime; amending ORS 163.165.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 163.165 is amended to read:
  163.165. (1) A person commits the crime of assault in the third
degree if the person:
  (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
  (b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
  (c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
  (d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' means a vehicle that is operated by or under contract to
any public body, as defined in ORS 166.115, in order to provide
public transportation;
  (e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
  (f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
  (g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 682.025, while the technician or
paramedic is performing official duties;
 
 
 
Enrolled House Bill 3244 (HB 3244-B)                       Page 1
 
 
 
  (h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger;
 { - or - }
  (i) Knowing the other person is a staff member, intentionally
or knowingly propels any dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties { + ; or
  (j) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
taxi while the operator is in control of the taxi + }.
  (2) Assault in the third degree is a Class C felony. When a
person is convicted of violating subsection (1)(i) of this
section, in addition to any other sentence it may impose, the
court shall impose a term of incarceration in a state correction
facility.
  (3) As used in this section:
  (a) 'Dangerous substance' includes, but is not limited to,
blood, urine, saliva, semen and feces.
  (b) 'Staff member' means:
  (A) A corrections officer as defined in ORS 181.610, a youth
corrections officer, a Department of Corrections or Oregon Youth
Authority staff member or a person employed pursuant to a
contract with the department or youth authority to work with, or
in the vicinity of, inmates or youth offenders; and
  (B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
  (c) 'Youth correction facility' has the meaning given that term
in ORS 162.135.
                         ----------
 
 
Passed by House April 6, 2001
 
Repassed by House July 5, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate July 5, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3244 (HB 3244-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3244 (HB 3244-B)                       Page 3