71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 230
 
LC 1765/SB 230-5
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 230
 
                    By COMMITTEE ON JUDICIARY
 
                              May 8
 
  On page 1 of the printed bill, line 3, delete '167.315, ' and
delete '167.325,'.
  In line 5, delete 'to 4' and insert 'and 3'.
  Delete lines 7 through 14.
  In line 15, delete '3' and insert '2'.
  In line 16, after 'person' insert 'intentionally, knowingly or
recklessly'.
  On page 2, line 2, delete '4' and insert '3'.
  In line 4, delete 'or livestock'.
  In line 5, after 'is' insert 'an unclassified misdemeanor'.
  In line 8, delete 'section 3' and insert 'section 2'.
  In line 9, delete 'or livestock'.
  In line 10, after 'is' insert 'an unclassified misdemeanor'.
  Delete lines 12 through 15 and insert:
  '  { +  SECTION 4. + }  { + A court having jurisdiction
pursuant to ORS 419C.005 over a youth who commits an act that
would be a violation of ORS 167.315, 167.320 or 167.322 if done
by an adult shall, in addition to any other exercise of wardship
over the youth, order that the youth undergo psychiatric
evaluation. If warranted by the mental condition of the youth,
the court shall order that the youth undergo appropriate care or
treatment. + }
  '  { +  SECTION 5. + }  { + If a youth enters into a formal
accountability agreement under ORS 419C.230, and a juvenile
department counselor has probable cause to believe that the youth
may be found to be within the jurisdiction of the juvenile court
for an act that would be a violation of ORS 167.315, 167.320 or
167.322 if done by an adult, the agreement must provide for the
youth to undergo psychiatric evaluation and, if warranted by the
mental condition of the youth, undergo appropriate care or
treatment. + } ' .
  In line 16, delete '5' and insert '6'.
  In line 18, delete '6' and insert '7'.
  In line 42, delete 'to' and insert 'for'.
  On page 3, line 2, after the first 'trauma' insert a comma and
after 'pain' delete the rest of the line and line 3 and insert
'inconsistent with reasonable handling or training techniques.'.
  Delete lines 5 through 7 and insert 'or illnesses produced by
violence or by a thermal or chemical agent.'.
  Delete line 10 and insert 'injury that creates a substantial
risk of death or that causes protracted disfigurement, protracted
impairment of health or protracted loss'.
  In line 11, after the first 'of' insert 'the'.
  Delete lines 29 through 34.
  In line 37, restore the bracketed material.
  On page 4, delete lines 6 through 8 and insert:
  ' (b) The person knowingly commits the animal abuse in the
immediate presence of a minor child. For purposes of this
paragraph, a minor child is in the immediate presence of animal
 
abuse if the abuse is seen or directly perceived in any other
manner by the minor child.
  ' (5) It is an affirmative defense in a prosecution for
violation of subsection (1)(b) of this section that the defendant
caused the death of an animal to end the immediate suffering of
the animal.'.
  In line 12, delete 'Maliciously' and insert 'Recklessly ' and
after 'animal' insert 'under circumstances manifesting an extreme
indifference to the life of the animal'.
  In line 13, restore the bracketed material.
  In line 15, restore the comma and delete the colon and insert '
' torture' means an action taken for the primary purpose of
inflicting pain.'.
  Delete lines 16 through 25.
  In line 26, delete '11' and insert '10'.
  In line 28, restore the bracketed material.
  In line 29, restore 'negligence'.
  In line 33, delete '12' and insert '11'.
  In line 34, restore 'intentionally,'.
  In line 35, restore 'knowingly, recklessly or with criminal
negligence'.
  In line 41, delete '13' and insert '12'.
  On page 5, lines 4 and 5, restore the bracketed material and
delete the boldfaced material.
  In line 6, restore 'a peace officer, after obtaining a search'.
  Delete line 7 and insert 'warrant or in any other manner
authorized by law, may enter the premises where the animal is
located to'.
  In line 19, delete '14' and insert '13'.
  In line 28, restore 'within 14' and delete 'no later than 21'.
  In lines 29 and 30, restore the bracketed material and delete
the boldfaced material.
  On page 6, line 7, delete '15' and insert '14'.
  In line 22, after 'providing' delete the rest of the line and
line 23 and insert 'minimum care to the animal.'.
  In line 29, delete '16' and insert '15'.
  On page 7, line 9, delete '17' and insert '16'.
  In line 23, delete '18' and insert '17'.
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