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 1370
 
                           A-Engrossed
 
                         Senate Bill 133
                  Ordered by the Senate March 9
            Including Senate Amendments dated March 9
 
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 Representative Kathy Lowe)
 
 
                             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.
 
  Creates crime of felon in possession of   { - soft - }  body
armor.  Punishes by maximum of five years' imprisonment, $100,000
fine, or both. { +  Creates crime of unlawful possession of body
armor. Punishes by maximum of ten years' imprisonment, $200,000
fine, or both. + }
 
                        A BILL FOR AN ACT
Relating to crime.
Be It Enacted by the People of the State of Oregon:
  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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