71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 133
 
LC 1370/SB 133-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 133
 
                    By COMMITTEE ON JUDICIARY
 
                             March 9
 
  On page 1 of the printed bill, line 2, after 'crime' insert a
period and delete the rest of the line.
  Delete lines 4 through 30 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + As used in this section and
sections 2 and 3 of this 2001 Act:
  ' (1) 'Body armor' means any clothing or equipment designed in
whole or in part to minimize the risk of injury from a deadly
weapon.
  ' (2) 'Deadly weapon' has the meaning given that term in ORS
161.015.
  ' (3) 'Misdemeanor involving violence' has the meaning given
that term in ORS 166.470. + }
  '  { +  SECTION 2. + }  { + (1) A person commits the crime of
felon in possession of body armor if the person:
  ' (a) Has been convicted of a felony or misdemeanor involving
violence under the law of any state or the United States; and
  ' (b) Knowingly is in possession or control of body armor.
  ' (2) Felon in possession of body armor is a Class C felony.
  ' (3) For purposes of subsection (1) of this section, a person
who has been found to be within the jurisdiction of a juvenile
court for having committed an act that would constitute a felony
or misdemeanor involving violence has been convicted of a felony
or misdemeanor involving violence.
  ' (4) Subsection (1) of this section does not apply to a person
who is wearing body armor provided by a peace officer for the
person's safety or protection while the person is being
transported or accompanied by a peace officer.
  ' (5) It is an affirmative defense to a charge of violating
subsection (1) of this section that a protective order or
restraining order has been entered to the benefit of the person.
The affirmative defense created by this subsection is not
available if the person possesses the body armor while committing
or attempting to commit a crime. + }
  '  { +  SECTION 3. + }  { + (1) A person commits the crime of
unlawful possession of body armor if the person, while committing
or attempting to commit a felony or misdemeanor involving
violence, knowingly:
  ' (a) Wears body armor; and
  ' (b) Possesses a deadly weapon.
  ' (2) Unlawful possession of body armor is a Class B
felony. + } ' .
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