72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2727
 
Sponsored by Representative PROZANSKI; Representatives BARKER,
  KRIEGER, Senator MINNIS
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to crime; 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;
  (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 notifies the law enforcement agency having
jurisdiction over the premises that the owner intends to enter
the premises; + }
    { - (a) - }  { +  (b) + } 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) - }  { +  (c) + } 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.
  (3) Criminal trespass in the first degree is a Class A
misdemeanor.
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Enrolled House Bill 2727 (HB 2727-INTRO)                   Page 1
 
 
 
 
 
Passed by House April 9, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 13, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2727 (HB 2727-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2727 (HB 2727-INTRO)                   Page 3