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 1212
Senate Bill 129
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee for Oregon Association Chiefs of Police)
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.
Eliminates certain affirmative defenses to charge of possessing
firearm in school.
A BILL FOR AN ACT
Relating to possession of firearms in schools; amending ORS
166.360, 166.370, 419C.080, 419C.100, 419C.103 and 419C.109.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.360 is amended to read:
166.360. As used in ORS 166.360 to 166.380, unless the context
requires otherwise:
(1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
(2) 'Court facility' means a county courthouse or that portion
of any other building occupied by a court or occupied by
personnel related to court operations, or in which activities
related to court operations take place.
(3) 'Loaded firearm' means:
(a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
(b) A muzzle-loading firearm which is capped or primed and has
a powder charge and ball, shot or projectile in the barrel or
cylinder.
(4) 'Public building' means a hospital, a capitol building,
{ - a public or private school, as defined in ORS 339.315, - }
a college or university, a city hall or the residence of any
state official elected by the state at large, and the grounds
adjacent to each such building. The term also includes that
portion of any other building occupied by an agency of the state
or a municipal corporation, as defined in ORS 297.405, other than
a court facility.
{ + (5) 'School' has the meaning given that term in ORS
339.315. + }
{ - (5) - } { + (6) + } 'Weapon' means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
(c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar instrument;
(e) A tear gas weapon as defined in ORS 163.211;
(f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those terms are defined in
ORS 161.015.
SECTION 2. ORS 166.370 is amended to read:
166.370. (1) Any person who intentionally possesses a loaded or
unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
(A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be
required to surrender the weapon to a law enforcement officer or
to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
(b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
{ + (3)(a) A person who intentionally possesses a firearm in
a school is guilty, upon conviction, of a Class C felony.
(b) Paragraph (a) of this subsection does not apply:
(A) To a sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
(B) If the firearm:
(i) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
(ii) Is unloaded and locked in a motor vehicle.
(c) The exception listed in paragraph (b)(B) of this subsection
constitutes an affirmative defense to a charge of violating this
subsection. + }
{ - (3) - } { + (4) + } Subsection (1) of this section does
not apply to:
(a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
(b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
(c) An active or reserve member of the military forces of this
state or the United States, when engaged in the performance of
duty.
(d) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
(e) A person who is authorized by the officer or agency that
controls the public building to possess a firearm or dangerous
weapon in that public building.
{ - (f) Possession of a firearm on school property if the
firearm: - }
{ - (A) Is possessed by a person who is not otherwise
prohibited from possessing the firearm; and - }
{ - (B) Is unloaded and locked in a motor vehicle. - }
{ - (4) - } { + (5) + } The exceptions listed in subsection
{ - (3)(b) to (f) - } { + (4)(b) to (e) + } of this section
constitute affirmative defenses to a charge of violating
subsection (1) of this section.
{ - (5) - } { + (6) + }(a) Any person who knowingly, or
with reckless disregard for the safety of another, discharges or
attempts to discharge a firearm at a place that the person knows
is a school shall upon conviction be guilty of a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
(A) As part of a program approved by a school in the school by
an individual who is participating in the program; or
(B) By a law enforcement officer acting in the officer's
official capacity.
{ - (6) - } { + (7) + } Any weapon carried in violation of
this section is subject to the forfeiture provisions of ORS
166.280.
{ - (7) - } { + (8) + } Notwithstanding the fact that a
person's conduct in a single criminal episode constitutes a
violation of both subsections (1) and { - (5) - } { + (6) + }
of this section, the district attorney may charge the person with
only one of the offenses.
{ - (8) - } { + (9) + } As used in this section, 'dangerous
weapon' means a dangerous weapon as that term is defined in ORS
161.015.
SECTION 3. ORS 419C.080 is amended to read:
419C.080. (1) A peace officer, or any other person authorized
by the juvenile court of the county in which the youth is found,
may take a youth into custody in the following circumstances:
(a) When, if the youth were an adult, the youth could be
arrested without a warrant; or
(b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419C.306 or otherwise, has ordered that the
youth be taken into custody.
(2) A peace officer or person authorized by the juvenile court
shall take a youth into custody if the peace officer or person
authorized by the juvenile court has probable cause to believe
that the youth, while in or on a public building { + , school + }
or court facility within the last 120 days, possessed a firearm
or destructive device in violation of ORS 166.250, 166.370 or
166.382.
SECTION 4. ORS 419C.100 is amended to read:
419C.100. The person taking the youth into custody under ORS
419C.080 and 419C.088 shall release the youth to the custody of
the youth's parent, guardian or other responsible person in this
state, except in the following cases:
(1) When the court has issued a warrant of arrest against the
youth.
(2) When the person taking the youth into custody has probable
cause to believe that the welfare of the youth or others may be
endangered by the release of the youth.
(3) When the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public
building { + , school + } or court facility within the last 120
days, possessed a firearm or destructive device in violation of
ORS 166.250, 166.370 or 166.382.
SECTION 5. ORS 419C.103 is amended to read:
419C.103. (1) Except as otherwise provided in subsection (2) of
this section, if a youth taken into custody is not released as
provided in ORS 419C.100 and the juvenile court for the county
has not established the alternative procedure authorized in
subsection (5) of this section, the person taking the youth into
custody shall, without unnecessary delay, do one of the
following:
(a) Take the youth before the court or a person appointed by
the court to effect disposition under ORS 419C.109 and 419C.136.
(b) Take the youth to a place of detention or shelter care or a
public or private agency designated by the court and as soon as
possible thereafter notify the court that the youth has been
taken into custody.
(2) If the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public
building { + , school + } or court facility within the last 120
days, possessed a firearm or destructive device in violation of
ORS 166.250, 166.370 or 166.382, the person may not release the
youth from custody and shall do one of the following without
unnecessary delay:
(a) Take the youth before the court for a determination of
initial disposition under ORS 419C.109 (3); or
(b) Notwithstanding ORS 419C.133, take the youth to a place of
detention and, as soon as possible thereafter, notify the court
and the juvenile department that the youth has been taken into
custody and detained.
(3) Where a youth residing in some other county is taken into
custody the youth may be:
(a) Released to the youth's parent, guardian or other
responsible person in this state as provided in ORS 419C.100.
(b) Delivered to a peace officer or juvenile counselor in the
county in which the youth resides, if such delivery can be made
without unnecessary delay. In such event, the person to whom the
youth is delivered shall assume custody of the youth and shall
proceed as provided in this chapter.
(4) Where a youth is released or delivered as provided in
subsection (3) of this section, the jurisdiction of the juvenile
court of the county in which the youth resides shall attach from
the time the youth is taken into custody.
(5) The juvenile court may establish, as an alternative to the
provisions of subsection (1) of this section, that if a youth
taken into custody is not released as provided in ORS 419C.100,
procedures shall be followed that comply with the following:
(a) The person taking the youth into custody may communicate,
by telecommunications or otherwise, with the person appointed by
the court to effect disposition under ORS 419C.109.
(b) After interviewing the person taking the youth into custody
and obtaining such other information as is considered necessary,
the person appointed by the court under ORS 419C.109 to effect
disposition may exercise the authority granted under that section
and shall, in such case, direct that the person taking the youth
into custody release the youth or deliver the youth in accordance
with such direction.
(c) The person taking the youth into custody shall comply with
the direction of the person appointed by the court to effect
disposition.
SECTION 6. ORS 419C.109 is amended to read:
419C.109. (1) Except as otherwise provided in subsection (3) of
this section, the court may designate a person to effect
disposition of a youth taken into custody or brought before the
court under ORS 419C.097, 419C.100, 419C.103 and 419C.106. If the
requirements of ORS 419C.145 (3) are met, the person may do any
of the following when the person has taken custody of a youth or
has authority to effect disposition of a youth taken into
custody:
(a) Release the youth to the custody of a parent, guardian or
other responsible person.
(b) Release the youth on the youth's own recognizance when
appropriate.
(c) Upon a finding that release of the youth on the youth's own
recognizance is unwarranted, or upon order of the court or if
probable cause exists to believe the youth may be detained under
ORS 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453,
place the youth on conditional release.
(d) Subject to ORS 419A.059, 419A.061, 419C.130 and 419C.133,
place the youth in shelter care or detention. The youth shall be
placed in shelter care rather than detention, unless the person
has probable cause to believe that the court will be able to
detain the youth under ORS 419C.145, 419C.150, 419C.153,
419C.156, 419C.159 or 419C.453.
(e) Pursuant to order of the court made subsequent to the
filing of a petition, hold, retain or place the youth in
detention or shelter care subject to further order.
(f) Exercise authority to detain the youth as provided in ORS
419C.136.
(2) If the youth is released under subsection (1) of this
section, the person releasing the youth may issue a summons to
the youth requiring the youth to appear before the court. The
summons must include the date, time and location for the youth to
appear before the court. The person releasing the youth shall
inform the juvenile court, which may review the release as
provided in ORS 419C.153. If the youth fails to appear on the
date and time required by the summons, the court may issue a
warrant for the arrest of the youth.
(3)(a) When a youth is retained in custody under ORS 419C.100
(3) and 419C.103 (2) and a petition is filed under ORS 419C.005
alleging that the youth, while in or on a public building { + ,
school + } or court facility within the last 120 days, possessed
a firearm or destructive device in violation of ORS 166.250,
166.370 or 166.382, the court shall determine the youth's initial
disposition at a hearing conducted pursuant to ORS 419C.145. The
parties to the hearing are the youth, the juvenile department and
the state, represented by the district attorney.
(b) The court shall inform the youth:
(A) Of the youth's rights, including the right to be
represented by counsel and the right to remain silent; and
(B) Of the allegations against the youth.
(c) The court shall make a determination under ORS 419C.145
whether the youth should remain in detention pending adjudication
on the merits. The court may order that the hearing be continued
and that the youth remain in detention for a reasonable period of
time not to exceed seven days if the court finds:
(A) That additional information concerning the youth is
necessary to aid the court in making the determination under ORS
419C.145; and
(B) There is probable cause to believe that the youth, while in
or on a public building { + , school + } or court facility within
the last 120 days, possessed a firearm or destructive device in
violation of ORS 166.250, 166.370 or 166.382.
(d) If the court orders that the hearing be continued and that
the youth remain in detention under paragraph (c) of this
subsection, in addition to and not in lieu of any other order the
court may make, the court may order a mental health assessment or
screening of the youth.
(e) If the court determines that the youth should not be
detained pending adjudication on the merits, the court may order
any other preadjudication disposition authorized.
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