71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
CCA to B-Eng. SB 230 (A to RC)
 
LC 1765/SB 230-B26
 
               CONFERENCE COMMITTEE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 230
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                             July 3
 
 
 
 
                         Amended Summary
  Prohibits possession of animal within specified period
following conviction for certain crimes against animals. Makes
violation offense subject to maximum penalty of $1,000 fine and
forfeiture of animal if predicate conviction was misdemeanor or
$5,000 fine and forfeiture of animal if predicate conviction was
felony.
  Permits court or juvenile department counselor to require youth
to undergo psychiatric, psychological or mental health evaluation
and appropriate care or treatment under specified circumstances.
   { +  Creates crime of sexual assault of an animal. Punishes by
maximum one year's imprisonment, $5,000 fine, or both. + }
  Reclassifies crime of animal abuse in the first degree to
felony with maximum penalty of five years' imprisonment, fine of
$100,000, or both, if crime is committed under certain conditions
or committed by defendant having specified criminal history.
  Changes definitions for crime of aggravated animal abuse in the
first degree. Revises elements for establishing torture.
  Adds reasonable activities undertaken in connection with vermin
and pest control and reasonable handling and training techniques
to list of activities not included in specified offenses against
animals unless gross negligence can be shown.
  Increases maximum penalty for crime of animal abandonment to
six months' imprisonment, $2,000 fine, or both.
  Amends statute governing peace officer entry of premises to
care for animal to allow entry in any lawful manner.
 
President Derfler:
  Your Conference Committee to whom was referred B-engrossed
Senate Bill 230, having had the same under consideration,
respectfully reports it back with the recommendation that the
Senate concur in the House amendments dated June 4 and that the
bill be amended as follows and repassed.
 
  On page 1 of the printed B-engrossed bill, line 2, delete '
and'.
  In line 3, before the period insert 'and section 58,
chapter ___, Oregon Laws 2001 (Enrolled House Bill 3642); and
repealing section 41, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 3642)'.
  On page 2, line 5, after '167.322' insert 'or section 5b of
this 2001 Act'.
  In line 13, after '167.322' insert 'or section 5b of this 2001
Act'.
  After line 15, insert:
  '  { +  SECTION 5a. + }  { + Section 5b of this 2001 Act is
added to and made a part of ORS 167.315 to 167.330. + }
 
  '  { +  SECTION 5b. + }  { + (1) A person commits the crime of
sexual assault of an animal if the person touches or contacts, or
causes an object or another person to touch or contact, the
mouth, anus or sex organs of an animal for the purpose of
arousing or gratifying the sexual desire of a person.
  ' (2) Sexual assault of an animal is a Class A misdemeanor. + }
  '  { +  SECTION 5c. + }  { + Upon the conviction of a defendant
for violation of section 5b of this 2001 Act, the court may order
a psychiatric or psychological evaluation of the defendant for
inclusion in the presentence report as described in ORS
137.077. + } ' .
  On page 6, after line 26, insert:
  '  { +  SECTION 14a. + }  { + If House Bill 3642 becomes law,
section 14 of this 2001 Act (amending ORS 167.350) is repealed
and ORS 167.350, as amended by section 29, chapter ___, Oregon
Laws 2001 (Enrolled House Bill 3642), is amended to read: + }
  ' 167.350. (1) In addition to and not in lieu of any other
sentence it may impose, a court may require a defendant convicted
under ORS 167.315 to 167.330 or 167.340 to forfeit any rights of
the defendant in the animal subjected to   { - abuse, neglect or
abandonment - }  { +  the violation + }, and to repay the
reasonable costs incurred by any person or agency prior to
judgment in caring for each animal subjected to   { - abuse,
neglect or abandonment - }  { +  the violation + }.
  ' (2) When the court orders the defendant's rights in the
animal to be forfeited, the court may further order that those
rights be given over to an appropriate person or agency
demonstrating a willingness to accept and care for the animal or
to the county or an appropriate animal care agency for further
disposition in accordance with accepted practices for humane
treatment of animals. This subsection   { - shall not constitute
or authorize any limitation upon - }  { +  does not limit + } the
right of the person or agency to whom rights are granted to
resell or otherwise make disposition of the animal. A transfer of
rights under this subsection constitutes a transfer of ownership.
  ' (3) In addition to and not in lieu of any other sentence it
may impose, a court may order the owner or person having custody
of an animal to repay the reasonable costs incurred by any person
or agency in providing   { - water, food or first aid treatment
under ORS 167.345 (1). - }   { + minimum care to the animal. + }
  ' (4) A court may order a person convicted under ORS 167.315 to
167.330 or 167.340 to participate in available animal cruelty
prevention programs or education programs, or both, or to obtain
psychological counseling for treatment of mental health disorders
that, in the court's judgment, contributed to the commission of
the crime. The person shall bear any costs incurred by the person
for participation in counseling or treatment programs under this
subsection.
  ' (5) Sections 1 to 18 { + , chapter ___, Oregon Laws 2001
(Enrolled House Bill 3642), + }   { - of this 2001 Act - }  do
not apply to the forfeiture of an animal subjected to
 { - abuse, neglect or abandonment in - }  { +  a + } violation
of ORS 167.315 to 167.330 or 167.340.  Any such animal is subject
to forfeiture as provided in subsections (1) to (3) of this
section.
  '  { +  SECTION 14b. + }  { + If House Bill 3642 becomes law,
section 41, chapter ___, Oregon Laws 2001 (Enrolled House Bill
3642) (amending ORS 167.350), is repealed and ORS 167.350, as
amended by section 29, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 3642), and section 14a of this 2001 Act, is amended to
read: + }
  ' 167.350. (1) In addition to and not in lieu of any other
sentence it may impose, a court may require a defendant convicted
under ORS 167.315 to 167.330 or 167.340 to forfeit any rights of
the defendant in the animal subjected to the violation, and to
 
repay the reasonable costs incurred by any person or agency prior
to judgment in caring for each animal subjected to the violation.
  ' (2) When the court orders the defendant's rights in the
animal to be forfeited, the court may further order that those
rights be given over to an appropriate person or agency
demonstrating a willingness to accept and care for the animal or
to the county or an appropriate animal care agency for further
disposition in accordance with accepted practices for humane
treatment of animals. This subsection does not limit the right of
the person or agency to whom rights are granted to resell or
otherwise make disposition of the animal. A transfer of rights
under this subsection constitutes a transfer of ownership.
  ' (3) In addition to and not in lieu of any other sentence it
may impose, a court may order the owner or person having custody
of an animal to repay the reasonable costs incurred by any person
or agency in providing minimum care to the animal.
  ' (4) A court may order a person convicted under ORS 167.315 to
167.330 or 167.340 to participate in available animal cruelty
prevention programs or education programs, or both, or to obtain
psychological counseling for treatment of mental health disorders
that, in the court's judgment, contributed to the commission of
the crime. The person shall bear any costs incurred by the person
for participation in counseling or treatment programs under this
subsection.
  '  { - (5) Sections 1 to 18, chapter ___, Oregon Laws 2001
(Enrolled House Bill 3642), do not apply to the forfeiture of an
animal subjected to a violation of ORS 167.315 to 167.330 or
167.340. Any such animal is subject to forfeiture as provided in
subsections (1) to (3) of this section. - }
  '  { +  SECTION 14c. + }  { + The amendments to ORS 167.350 by
section 14b of this 2001 Act become operative on July 31, 2005.
  ' SECTION 14d. + } If House Bill 3642 becomes law, section 58,
chapter ___, Oregon Laws 2001 (Enrolled House Bill 3642), is
amended to read:
  '  { +  Sec. 58. + } (1) Sections 49 to 52 and 54 { + , chapter
___, Oregon Laws 2001 (Enrolled House Bill 3642), + }   { - of
this 2001 Act - } become operative on July 31, 2005.
  ' (2) The amendments to ORS 133.643, 137.138, 164.864, 164.866,
166.210, 166.250, 166.282, 166.370, 166.410, 166.460, 166.660
 { - , 167.350 - }  and 475A.155 by sections 21, 23 and 36 to
47 { + , chapter ___, Oregon Laws 2001 (Enrolled House Bill
3642), + }   { - of this 2001 Act - }  become operative on July
31, 2005.'.
 
                         /sJohn Minnis
                           Senator
 
                         /sPeter Courtney
                           Senator
 
                         /sRoger Beyer
                           Senator
 
                         /sMax Williams
                           Representative
 
                         /sCherryl Walker
                           Representative
 
                         /sJackie Dingfelder
                           Representative
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