Chapter 444 Oregon Laws 2003

AN ACT

SB 46

Relating to crime; amending ORS 164.205; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 164.205 is amended to read:

164.205. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

(3) “Enter or remain unlawfully” means:

(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so;

(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge; [or]

(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

[(c)] (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. [It] “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

(6) “Premises” includes any building and any real property, whether privately or publicly owned.

SECTION 2. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date June 24, 2003

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