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 3541
 
                         House Bill 3244
 
Sponsored by Representatives GARDNER, WINTERS; Representatives
  ACKERMAN, BACKLUND, BARNHART, BECK, CARLSON, DEVLIN, DOYLE,
  HASS, HILL, KING, KRIEGER, KROPF, KRUSE, LEE, LOWE, MARCH,
  MERKLEY, MONNES ANDERSON, MORRISETTE, T SMITH, STARR, TOMEI,
  VERGER, C WALKER, V WALKER, WILSON, WITT, ZAUNER (at the
  request of Michael Tolley for City of Portland Taxicab Board of
  Review)
 
 
                             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.
 
  Expands crime of assault in third degree to include physical
injury to taxi driver.
 
                        A BILL FOR 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  { + or driver of a taxi + } while the
operator  { + or driver + } is in control of or operating the
vehicle { +  or taxi + }. 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;
  (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.
  (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.
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