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 2606
 
                           A-Engrossed
 
                         Senate Bill 655
                  Ordered by the Senate April 4
            Including Senate Amendments dated April 4
 
Sponsored by Senator MINNIS; Senators COURTNEY, METSGER (at the
  request of Portland Police Bureau)
 
 
                             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.
 
  Expands crime of criminal trespass in first degree to cover
entering or remaining unlawfully on premises that have been
determined not fit for use due to illegal drug manufacturing.
 { +  Creates exception for owner of premises under specified
circumstances. + }
 
                        A BILL FOR AN ACT
Relating to criminal trespass; amending ORS 164.255.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 164.255 is amended to read:
  164.255. (1) A person commits the crime of criminal trespass in
the first degree if the person:
  (a) Enters or remains unlawfully in a dwelling;
  (b) Having been denied future entry to a building pursuant to a
merchant's notice of trespass, reenters the building during hours
when the building is open to the public with the intent to commit
theft therein;   { - or - }
  (c) Enters or remains unlawfully upon railroad yards, tracks,
bridges or rights of way { + ; or
  (d) Enters or remains unlawfully in or upon premises that have
been determined to be not fit for use under ORS 453.855 to
453.912 + }.
   { +  (2) Subsection (1)(d) of this section does not apply to
the owner of record of the premises if:
  (a) The owner enters or remains on the premises for the purpose
of inspecting or decontaminating the premises or lawfully
removing items from the premises; and
  (b) The owner has not been arrested for, charged with or
convicted of a criminal offense that contributed to the
determination that the premises are not fit for use. + }
    { - (2) - }   { + (3) + } Criminal trespass in the first
degree is a Class A misdemeanor.
                         ----------