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
 
                         Senate Bill 133
 
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 as
introduced.
 
  Creates crime of felon in possession of soft body armor.
Punishes by maximum of five years' imprisonment, $100,000 fine,
or both.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 166.270.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.270 is amended to read:
  166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm, commits the
crime of felon in possession of a firearm.
  (2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove or metal knuckles, or who carries a dirk, dagger or
stiletto, commits the crime of felon in possession of a
restricted weapon.
   { +  (3) Any person who has been convicted of a felony under
the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any soft body armor commits
the crime of felon in possession of soft body armor. + }
    { - (3) - }  { +  (4) + } For the purposes of this
section { + : + }   { - , a person - }
   { +  (a) 'Carrier' means a covering designed to hold and
position ballistic panels on the torso.
  (b) + } 'Has been convicted of a felony'   { - if, - }  { +
means that + } at the time of conviction for an offense, that
 
offense was a felony under the law of the jurisdiction in which
it was committed.
  { - Provided, - }  However, that   { - such - }  conviction
shall not be deemed a conviction of a felony if:
    { - (a) - }  { +  (A) + } The court declared the conviction
to be a misdemeanor at the time of judgment; or
    { - (b) - }  { +  (B) + } The offense was for possession of
marijuana and the conviction was prior to January 1, 1972.
   { +  (c) 'Soft body armor' means those parts of a complete
armor that provide ballistic resistance to the penetration of
ammunition and that consist of ballistic panels with or without a
carrier. + }
    { - (4) - }  { +  (5) + } Subsection (1) of this section
shall not apply to any person who has been:
  (a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
  (b) Granted relief from the disability under 18 U.S.C. 925(c)
or has had the person's record expunged under the laws of this
state or equivalent laws of another jurisdiction.
    { - (5) - }  { +  (6)(a) + } Felon in possession of a firearm
is a Class C felony.
   { +  (b) + } Felon in possession of a restricted weapon is a
Class A misdemeanor.
   { +  (c) Felon in possession of soft body armor is a Class C
felony. + }
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