71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 227
LC 2317/SB 227-A6
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 227
By COMMITTEE ON JUDICIARY
May 18
In line 2 of the printed A-engrossed bill, after 'crime '
insert '; creating new provisions; and amending ORS 166.715 and
167.355'.
In line 10, delete 'C felony' and insert 'A misdemeanor'.
After line 24, insert:
' { + SECTION 6. + } { + As used in sections 6 to 12 of this
2001 Act:
' (1) 'Cockfight' means a fight between two or more birds that
is arranged by a person and that has the purpose or probable
result of one bird inflicting injury to another bird.
' (2) 'Fighting bird' means a bird that is intentionally reared
or trained for use in, or that actually is used in, a cockfight.
' (3) 'Gaff' means an artificial steel spur designed for
attachment to the leg of a fighting bird in replacement of the
bird's natural spurs.
' (4) 'Slasher' means a steel weapon resembling a curved knife
blade designed for attachment to the foot of a fighting bird. + }
' { + SECTION 7. + } { + (1) A person commits the crime of
cockfighting if the person knowingly:
' (a) Owns, possesses, keeps, rears, trains, buys, sells or
advertises or otherwise offers to sell a fighting bird.
' (b) Promotes or participates in, or performs services in
furtherance of, the conducting of a cockfight. As used in this
paragraph, 'services in furtherance' includes, but is not limited
to, transporting spectators to a cockfight, handling fighting
birds, organizing, advertising or refereeing a cockfight and
providing, or acting as stakeholder for, money wagered on a
cockfight.
' (c) Keeps, uses or manages, or accepts payment of admission
to, a place for the conducting of a cockfight.
' (d) Suffers or permits a place in the possession or control
of the person to be occupied, kept or used for the conducting of
a cockfight.
' (e) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell a gaff, slasher or other
sharp implement designed for attachment to a fighting bird with
the intent that the gaff, slasher or other sharp implement be
used in cockfighting.
' (2) Subsection (1)(a) of this section does not apply to the
owning, possessing, keeping, rearing, buying, selling,
advertising or otherwise offering for sale of a bird for purposes
other than training the bird as a fighting bird, using or
intending to use the bird in cockfighting or supplying the bird
knowing that the bird is intended to be used in cockfighting.
' (3) Cockfighting is a Class C felony. + }
' { + SECTION 8. + } { + (1) A person commits the crime of
participation in cockfighting if the person knowingly:
' (a) Attends a cockfight or pays admission at any location to
view or bet on a cockfight; or
' (b) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell equipment intended for use
in training or handling a fighting bird or intended for use in
enhancing the fighting ability of a fighting bird. This paragraph
does not apply to a gaff, slasher or other sharp implement
designed for attachment to a fighting bird.
' (2) Participation in cockfighting is a Class A
misdemeanor. + }
' { + SECTION 9. + } { + (1) Pursuant to ORS 133.525 to
133.703, a judge may order the seizure of an alleged fighting
bird owned, possessed or kept by any person.
' (2) A judge ordering the seizure of an alleged fighting bird
under subsection (1) of this section may order that the bird be
impounded on the property of the owner, possessor or keeper of
the bird. If a judge orders an alleged fighting bird impounded on
the property of the owner, possessor or keeper of the bird, the
court shall order the owner, possessor or keeper to provide all
necessary care for the bird and to allow regular and continuing
inspection of the bird by a person designated by the court, or
the agent of a person designated by the court. The owner,
possessor or keeper shall pay the costs of conducting the
inspections. The court shall further order the owner, possessor
or keeper not to sell or otherwise dispose of the bird unless the
court authorizes the sale or disposition, or until the seized
bird is forfeited pursuant to an order under section 10 of this
2001 Act or restored to the person pursuant to an order under ORS
133.643. + }
' { + SECTION 10. + } { + (1) In addition to and not in lieu
of any other penalty the court may impose upon a person convicted
of cockfighting under section 7 of this 2001 Act or participation
in cockfighting under section 8 of this 2001 Act, the court shall
include in the judgment an order for forfeiture to the city or
county where the crime occurred of the person's rights in any
property proved to have been used by the person as an
instrumentality in the commission of the crime, including any
fighting bird. This subsection does not limit the ability of the
court to dispose of a fighting bird as provided under subsection
(2) of this section.
' (2) A fighting bird is a public nuisance, regardless of
whether a person has been convicted of cockfighting or
participation in cockfighting. If a bird is ordered forfeited
under subsection (1) of this section or is proved by a
preponderance of the evidence in a forfeiture proceeding to be a
fighting bird, the court shall order that the bird be destroyed
or be otherwise disposed of. Upon the conviction of the person
charged, all of the seized property of the person shall be
adjudged by the court to be forfeited and shall be destroyed or
otherwise disposed of as the court may order. + }
' { + SECTION 11. + } { + (1) As used in this section and
section 12 of this 2001 Act, 'constructive possession' means an
exercise of dominion and control over the location and treatment
of property without taking physical possession of the property.
' (2) A peace officer having jurisdiction may, upon probable
cause to believe that a bird is a fighting bird as defined in
section 6 of this 2001 Act, take constructive possession of the
bird on behalf of the law enforcement agency employing the
officer.
' (3) A peace officer who takes constructive possession of an
alleged fighting bird pursuant to this section must do the
following:
' (a) Place a tag or other device approved by the law
enforcement agency on the cage or other enclosure where the
fighting bird is located. The tag or other device must clearly
state that it is unlawful to conceal, remove or release the bird
for purposes of interfering with law enforcement agency control
over the bird.
' (b) Notify the owner, possessor or keeper of the bird that
the bird has been seized by the law enforcement agency and may
not be removed until authorized by a court or as provided in this
section.
' (c) Promptly apply to an appropriate court for an order
described in section 9 of this 2001 Act.
' (4) If a law enforcement agency takes constructive possession
of a fighting bird under this section, the owner, possessor or
keeper of the bird shall provide all necessary care for the bird.
' (5) Constructive possession of an alleged fighting bird
pursuant to this section terminates when a court order described
in section 9 of this 2001 Act is served on the owner, possessor
or keeper of the bird, or after 24 hours, whichever occurs
first. + }
' { + SECTION 12. + } { + A person commits the crime of
forcible recovery of a fighting bird if the person knowingly
dispossesses, or knowingly attempts to dispossess, a law
enforcement agency of constructive possession of a fighting bird,
as defined in section 6 of this 2001 Act. Forcible recovery of a
fighting bird is a Class C felony. + }
' { + SECTION 13. + } ORS 166.715 is amended to read:
' 166.715. As used in ORS 166.715 to 166.735, unless the
context requires otherwise:
' (1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
' (2) 'Enterprise' includes any individual, sole
proprietorship, partnership, corporation, business trust or other
profit or nonprofit legal entity, and includes any union,
association or group of individuals associated in fact although
not a legal entity, and both illicit and licit enterprises and
governmental and nongovernmental entities.
' (3) 'Investigative agency' means the Department of Justice or
any district attorney.
' (4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
' (5) 'Person' means any individual or entity capable of
holding a legal or beneficial interest in real or personal
property.
' (6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
' (a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
' (A) ORS 59.005 to 59.451, 59.660 to 59.830, 59.991 and
59.995, relating to securities;
' (B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
' (C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335,
162.355 and 162.365, relating to obstructing governmental
administration;
' (D) ORS 162.405 to 162.425, relating to abuse of public
office;
' (E) ORS 162.465, relating to interference with legislative
operation;
' (F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
' (G) ORS 163.160 to 163.205, relating to assault and related
offenses;
' (H) ORS 163.225 and 163.235, relating to kidnapping;
' (I) ORS 163.275, relating to coercion;
' (J) ORS 163.670 to 163.695, relating to sexual conduct of
children;
' (K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075
to 164.095, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
' (L) ORS 164.315 to 164.335, relating to arson and related
offenses;
' (M) ORS 164.345 to 164.365, relating to criminal mischief;
' (N) ORS 164.395 to 164.415, relating to robbery;
' (O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
' (P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
' (Q) ORS 165.080 to 165.109, relating to business and
commercial offenses;
' (R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
' (S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
' (T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.062 to 167.080, 167.087, 167.090,
167.122 to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355,
167.365 and 167.370 { + and sections 7, 8 and 12 of this 2001
Act + }, relating to prostitution, obscenity, gambling, computer
crimes involving the Oregon State Lottery, animal fighting { + ,
forcible recovery of a fighting bird + } and related offenses;
' (U) ORS 171.990, relating to legislative witnesses;
' (V) ORS 260.575 and 260.665, relating to election offenses;
' (W) ORS 314.075, relating to income tax;
' (X) ORS chapter 323, relating to cigarette taxes;
' (Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
' (Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
' (AA) ORS 463.995, relating to boxing and wrestling, as
defined in ORS 463.015;
' (BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
' (CC) ORS 475.005 to 475.285 and 475.940 to 475.995, relating
to controlled substances;
' (DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
' (EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
' (FF) ORS 658.452 or 658.991 (2) to (4), relating to farm
labor contractors;
' (GG) ORS chapter 706, relating to banking law administration;
' (HH) ORS chapter 714, relating to branch banking;
' (II) ORS chapter 716, relating to mutual savings banks;
' (JJ) ORS chapter 723, relating to credit unions;
' (KK) ORS chapter 726, relating to pawnbrokers;
' (LL) ORS 166.382 and 166.384, relating to destructive
devices;
' (MM) ORS 165.074;
' (NN) ORS 59.840 to 59.965, relating to mortgage bankers and
mortgage brokers;
' (OO) ORS chapter 496, 497 or 498, relating to wildlife;
' (PP) ORS 163.355 to 163.427, relating to sexual offenses;
' (QQ) ORS 166.015, relating to riot;
' (RR) ORS 166.155 and 166.165, relating to intimidation;
' (SS) ORS chapter 696, relating to real estate and escrow;
' (TT) ORS chapter 704, relating to outfitters and guides;
' (UU) ORS 165.692, relating to making a false claim for health
care payment;
' (VV) ORS 162.117, relating to public investment fraud;
' (WW) ORS 164.170 or 164.172; or
' (XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting.
' (b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
' (7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
' (a) In violation of any one of the following:
' (A) ORS chapter 462, relating to racing;
' (B) ORS 167.117 to 167.164, relating to gambling; or
' (C) ORS 82.010 to 82.170, relating to interest and usury.
' (b) In gambling activity in violation of federal law or in
the business of lending money at a rate usurious under federal or
state law.
' (8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
' { + SECTION 14. + } ORS 167.355 is amended to read:
' 167.355. (1) A person commits the crime of involvement in
animal fighting if the person:
' (a) Owns or trains an animal with the intention that the
animal engage in an exhibition of fighting; or
' (b) Promotes, conducts, participates in or is present as a
spectator at an exhibition of fighting or preparations thereto;
or
' (c) Keeps or uses, or in any way is connected with or
interested in the management of, or receives money for the
admission of any person to any place kept or used for the purpose
of an exhibition of fighting; or
' (d) Knowingly suffers or permits any place over which the
person has possession or control to be occupied, kept or used for
the purpose of an exhibition of fighting.
' (2) For purposes of this section:
' (a) 'Animal' means any { - bird, - } reptile, amphibian,
fish or nonhuman mammal, other than a dog.
' (b) 'Exhibition of fighting' means a public or private
display of combat between two or more animals in which the
fighting, killing, maiming or injuring of animals is a
significant feature. 'Exhibition of fighting' does not include
demonstrations of the hunting or tracking skills of an animal or
the lawful use of animals for hunting, tracking or
self-protection.
' { - (3) Nothing in this section applies to or prohibits any
customary practice of breeding or rearing game cocks even though
those cocks may be subsequently used in cock fighting exhibitions
outside the State of Oregon. - }
' { - (4) - } { + (3) + } Involvement in animal fighting is
a Class A misdemeanor.'.
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