72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2802
LC 2022/HB 2802-2
HOUSE AMENDMENTS TO
HOUSE BILL 2802
By COMMITTEE ON JUDICIARY
May 2
On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
and amending ORS 161.067, 164.305, 164.325 and 315.164 and
section 19, chapter 666, Oregon Laws 2001.'.
Delete lines 4 through 22 and insert:
' { + SECTION 1. + } ORS 164.325 is amended to read:
' 164.325. (1) A person commits the crime of arson in the first
degree if { + : + } { - , - }
' { + (a) + } By starting a fire or causing an explosion, the
person intentionally damages:
' { - (a) - } { + (A) + } Protected property of another;
' { - (b) - } { + (B) + } Any property, whether the property
of the person or the property of another person, and such act
recklessly places another person in danger of physical injury or
protected property of another in danger of damage; { - or - }
' { - (c) - } { + (C) + } Any property { - , whether the
property of the person or the property of another person, - }
and recklessly causes serious physical injury to a firefighter or
peace officer acting in the line of duty relating to the
fire { + ; or
' (D) Or attempts to damage a structure that the person
modified with intent to impair fire suppression efforts, injure
firefighters or unlawfully increase the rate of growth or spread
of the fire; or
' (b) The person intentionally damages or attempts to damage
property of another that is not protected property by:
' (A) Starting a fire by the use of multiple set points; or
' (B) Starting a fire using an incendiary device + }.
' (2) Arson in the first degree is a Class A felony.
' { + SECTION 2. + } { + Section 3 of this 2003 Act is added
to and made a part of ORS 164.315 to 164.335. + }
' { + SECTION 3. + } { + (1) A person commits the crime of
aggravated arson in the second degree if the person violates ORS
164.315 and the damages to the property exceed $50,000.
' (2) Aggravated arson in the second degree is a Class B
felony.
' (3) The Oregon Criminal Justice Commission shall classify
aggravated arson in the second degree as crime category 8 of the
sentencing grid of the commission. + } ' .
In line 23, delete '2' and insert '4'.
Delete line 25 and insert:
' (1) 'Accelerant' means a substance used to initiate a fire or
increase the rate of growth or spread of a fire.'.
After line 27, insert:
' (3) 'Multiple set points' means two or more fires set in
conjunction with but not in the immediate proximity of each
other.'.
In line 28, delete '(3)' and insert '(4)'.
On page 2, line 1, delete '(4)' and insert '(5)'.
In line 4, delete '(5)' and insert '(6)'.
After line 9, insert:
' { + SECTION 5. + } ORS 161.067 is amended to read:
' 161.067. (1) When the same conduct or criminal episode
violates two or more statutory provisions and each provision
requires proof of an element that the others do not, there are as
many separately punishable offenses as there are separate
statutory violations.
' (2) When the same conduct or criminal episode, though
violating only one statutory provision involves two or more
victims, there are as many separately punishable offenses as
there are victims. However, two or more persons owning joint
interests in real or personal property shall be considered a
single victim for purposes of determining the number of
separately punishable offenses if the property is the subject of
one of the following crimes:
' (a) Theft as defined in ORS 164.015.
' (b) Unauthorized use of a vehicle as defined in ORS 164.135.
' (c) Criminal possession of rented or leased personal property
as defined in ORS 164.140.
' (d) Burglary as defined in ORS 164.215 or 164.225.
' (e) Criminal trespass as defined in ORS 164.243, 164.245,
164.255 or 164.265.
' (f) Arson and related offenses as defined in ORS 164.315,
164.325 or 164.335 { + or section 3 of this 2003 Act + }.
' (g) Forgery and related offenses as defined in ORS 165.002 to
165.070.
' (3) When the same conduct or criminal episode violates only
one statutory provision and involves only one victim, but
nevertheless involves repeated violations of the same statutory
provision against the same victim, there are as many separately
punishable offenses as there are violations, except that each
violation, to be separately punishable under this subsection,
must be separated from other such violations by a sufficient
pause in the defendant's criminal conduct to afford the defendant
an opportunity to renounce the criminal intent. Each method of
engaging in deviate sexual intercourse as defined in ORS 163.305,
and each method of engaging in unlawful sexual penetration as
defined in ORS 163.408 and 163.411 shall constitute separate
violations of their respective statutory provisions for purposes
of determining the number of statutory violations.
' { + SECTION 6. + } ORS 315.164 is amended to read:
' 315.164. (1) As used in this section and ORS 315.169 and
315.172:
' (a) 'Condition of habitability' means a condition that is in
compliance with:
' (A) The applicable provisions of the state building code
under ORS chapter 455 and the rules adopted thereunder; or
' (B) If determined on or before December 31, 1995, sections 12
and 13, chapter 964, Oregon Laws 1989.
' (b) 'Contributor' means a person that constructed,
manufactured, installed or contributed money to finance a
farmworker housing project.
' (c) 'Eligible costs' includes finance costs, construction
costs, excavation costs, installation costs and permit costs and
excludes land costs.
' (d) 'Farmworker' means any person who, for an agreed
remuneration or rate of pay, performs temporary or permanent
labor for another in the production of farm products or in the
planting, cultivating or harvesting of seasonal agricultural
crops or in the forestation or reforestation of lands, including
but not limited to the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash and other
related activities.
' (e) 'Farmworker housing' means housing:
' (A) Limited to occupancy by farmworkers and their immediate
families; and
' (B) No dwelling unit of which is occupied by a relative of
the owner or operator of the farmworker housing.
' (f) 'Farmworker housing project' means construction,
installation or rehabilitation of farmworker housing.
' (g) 'Owner' means a person that owns farmworker housing and
does not include a person that only has an interest in the
housing as a holder of a security interest.
' (h) 'Rehabilitation' means to make repairs or improvements to
a building that improve its livability and are consistent with
applicable building codes.
' (i) 'Relative' means a brother or sister (whether by the
whole or by half blood), spouse, ancestor (whether by law or by
blood), or lineal descendant of an individual.
' (2) A taxpayer who is the owner or operator of farmworker
housing is allowed a credit against the taxes otherwise due under
ORS chapter 316, if the taxpayer is a resident individual, or
against the taxes otherwise due under ORS chapter 317, if the
taxpayer is a corporation. The total amount of the credit shall
be equal to 50 percent of the eligible costs actually paid or
incurred to complete a farmworker housing project, to the extent
the eligible costs actually paid or incurred do not exceed the
estimate of eligible costs approved by the Housing and Community
Services Department under ORS 315.167.
' (3) A taxpayer claiming a credit under this section may elect
to transfer a portion of the credit to a contributor in the
manner provided in ORS 315.169. No more than 80 percent of the
credit may be transferred.
' (4)(a) The credit allowed under this section may be taken for
the tax year in which the farmworker housing project is completed
or in any of the nine tax years succeeding the tax year in which
the project is completed.
' (b) The credit allowed in any one tax year may not exceed 20
percent of the amount determined under subsection (2) of this
section.
' (5)(a) To claim a credit under this section, a taxpayer must
show in each year following the completion of a farmworker
housing project that the housing continues to be operated as
farmworker housing.
' (b) A taxpayer need not make the showing required in
paragraph (a) of this subsection if the Housing and Community
Services Department waives the requirement after the taxpayer has
successfully met the requirement for the first five years after
completion of the housing project.
' (c) The Housing and Community Services Department shall
determine by rule the factors necessary to grant a waiver. Such
factors may include a documented decline in a particular area for
farmworker housing.
' (6) The credit shall apply only to a farmworker housing
project that is located within this state and physically begun on
or after January 1, 1990.
' (7)(a) A credit may not be allowed under this section unless
the taxpayer claiming credit under this section:
' (A) Obtains a letter of credit approval from the Housing and
Community Services Department pursuant to ORS 315.167; and
' (B) Files with the Department of Revenue an annual
certification providing that all occupied units for which credit
is being claimed are occupied by farmworkers and their immediate
families.
' (b) The certification described under this subsection shall
be made on the form and in the time and manner prescribed by the
Department of Revenue.
' (8) Except as provided under subsection (9) of this section,
the credit allowed in any one year may not exceed the tax
liability of the taxpayer.
' (9) Any tax credit otherwise allowable under this section
that is not used by the taxpayer in a particular tax year may be
carried forward and offset against the taxpayer's tax liability
for the next succeeding tax year. Any credit remaining unused in
the next succeeding tax year may be carried forward and used in
the second succeeding tax year, and likewise any credit not used
in that second succeeding tax year may be carried forward and
used in the third succeeding tax year, and any credit not used in
that third succeeding tax year may be carried forward and used in
the fourth succeeding tax year, and any credit not used in that
fourth succeeding tax year may be carried forward and used in the
fifth succeeding tax year, and any credit not used in that fifth
succeeding tax year may be carried forward and used in the sixth
succeeding tax year, and any credit not used in that sixth
succeeding tax year may be carried forward and used in the
seventh succeeding tax year, and any credit not used in that
seventh succeeding tax year may be carried forward and used in
the eighth succeeding tax year, and any credit not used in that
eighth succeeding tax year may be carried forward and used in the
ninth succeeding tax year, but may not be carried forward for any
tax year thereafter.
' (10)(a) The credit provided by this section is not in lieu of
any depreciation or amortization deduction for the project to
which the taxpayer otherwise may be entitled under ORS chapter
316 or 317 for the year.
' (b) The taxpayer's adjusted basis for determining gain or
loss may not be further decreased by any tax credits allowed
under this section.
' (11) For a taxpayer to receive a credit under this section,
the farmworker housing must:
' (a) Comply with all occupational safety or health laws,
rules, regulations and standards;
' (b) If registration is required, be registered as a
farmworker camp with the Department of Consumer and Business
Services under ORS 658.750;
' (c) Upon occupancy and if an indorsement is required, be
operated by a person who holds a valid indorsement as a
farmworker camp operator under ORS 658.730; and
' (d) Continue to be operated as farmworker housing for a
period of at least 10 years after the completion of the
farmworker housing project, unless a waiver has been granted
under subsection (5) of this section.
' (12)(a) Pursuant to the procedures for a contested case under
ORS 183.310 to 183.550, the Department of Revenue may order the
disallowance of the credit allowed under this section if it
finds, by order, that:
' (A) The credit was obtained by fraud or misrepresentation; or
' (B) In the event that an owner or operator claims or claimed
the credit:
' (i) The taxpayer has failed to continue to substantially
comply with the occupational safety or health laws, rules,
regulations or standards;
' (ii) After occupancy and if registration is required, the
farmworker housing is not registered as a farmworker camp with
the Department of Consumer and Business Services under ORS
658.750;
' (iii) After occupancy and if an indorsement is required, the
farmworker housing is not operated by a person who holds a valid
indorsement as a farmworker camp operator under ORS 658.730; or
' (iv) The taxpayer has failed to make a showing that the
housing continues to be operated as farmworker housing as
required under subsection (5)(a) of this section and the taxpayer
has not been granted a waiver by the Housing and Community
Services Department under subsection (5)(b) of this section.
' (b) If the tax credit is disallowed pursuant to this
subsection, notwithstanding ORS 314.410 or other law, all prior
tax relief provided to the taxpayer shall be forfeited and the
Department of Revenue shall proceed to collect those taxes not
paid by the taxpayer as a result of the prior granting of the
credit.
' (c) If the tax credit is disallowed pursuant to this
subsection, the taxpayer shall be denied any further credit
provided under this section, in connection with the farmworker
housing project, as the case may be, from and after the date that
the order of disallowance becomes final.
' (13) In the event that the farmworker housing is destroyed by
fire, flood, natural disaster or act of God before all of the
credit has been used, the taxpayer may nevertheless claim the
credit as if no destruction had taken place. In the event of
fire, if the fire chief of the fire protection district or unit
determines that the fire was caused by arson, as defined in ORS
164.315 and 164.325 { + and section 3 of this 2003 Act + }, by
the taxpayer or by another at the taxpayer's direction, then the
fire chief shall notify the Department of Revenue. Upon
conviction of arson, the Department of Revenue shall disallow the
credit in accordance with subsection (12) of this section.
' (14)(a) A nonresident individual shall be allowed the credit
computed in the same manner and subject to the same limitations
as the credit allowed a resident by this section. However, the
credit shall be prorated using the proportion provided in ORS
316.117.
' (b) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed by this section shall be prorated or computed in a
manner consistent with ORS 314.085.
' (c) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
' (15) The Department of Revenue may adopt rules for carrying
out the provisions of this section.
' { + SECTION 7. + } Section 19, chapter 666, Oregon Laws
2001, as amended by section 5, chapter 696, Oregon Laws 2001, is
amended to read:
' { + Sec. 19. + } The crimes to which section 1 (11)(b),
chapter 666, Oregon Laws 2001, applies are:
' (1) Bribe giving, as defined in ORS 162.015.
' (2) Bribe receiving, as defined in ORS 162.025.
' (3) Public investment fraud, as defined in ORS 162.117.
' (4) Bribing a witness, as defined in ORS 162.265.
' (5) Bribe receiving by a witness, as defined in ORS 162.275.
' (6) Simulating legal process, as defined in ORS 162.355.
' (7) Official misconduct in the first degree, as defined in
ORS 162.415.
' (8) Custodial interference in the second degree, as defined
in ORS 163.245.
' (9) Custodial interference in the first degree, as defined in
ORS 163.257.
' (10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
' (11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
' (12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
' (13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
' (14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
' (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
' (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
' (17) Theft in the second degree, as defined in ORS 164.045.
' (18) Theft in the first degree, as defined in ORS 164.055.
' (19) Aggravated theft in the first degree, as defined in ORS
164.057.
' (20) Theft by extortion, as defined in ORS 164.075.
' (21) Theft by deception, as defined in ORS 164.085, if it is
a felony or a Class A misdemeanor.
' (22) Theft by receiving, as defined in ORS 164.095, if it is
a felony or a Class A misdemeanor.
' (23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
' (24) Unauthorized use of a vehicle, as defined in ORS
164.135.
' (25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
' (26) Laundering a monetary instrument, as defined in ORS
164.170.
' (27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
' (28) Burglary in the second degree, as defined in ORS
164.215.
' (29) Burglary in the first degree, as defined in ORS 164.225.
' (30) Possession of burglar's tools, as defined in ORS
164.235.
' (31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
' (32) Arson in the second degree, as defined in ORS 164.315.
' (33) Arson in the first degree, as defined in ORS 164.325.
' (34) Computer crime, as defined in ORS 164.377.
' (35) Robbery in the third degree, as defined in ORS 164.395.
' (36) Robbery in the second degree, as defined in ORS 164.405.
' (37) Robbery in the first degree, as defined in ORS 164.415.
' (38) Unlawful labeling of a sound recording, as defined in
ORS 164.868.
' (39) Unlawful recording of a live performance, as defined in
ORS 164.869.
' (40) Unlawful labeling of a videotape recording, as defined
in ORS 164.872.
' (41) A violation of ORS 164.877.
' (42) Endangering aircraft, as defined in ORS 164.885.
' (43) Interference with agricultural operations, as defined in
ORS 164.887.
' (44) Forgery in the second degree, as defined in ORS 165.007.
' (45) Forgery in the first degree, as defined in ORS 165.013.
' (46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
' (47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
' (48) Criminal possession of a forgery device, as defined in
ORS 165.032.
' (49) Criminal simulation, as defined in ORS 165.037.
' (50) Fraudulently obtaining a signature, as defined in ORS
165.042.
' (51) Fraudulent use of a credit card, as defined in ORS
165.055.
' (52) Negotiating a bad check, as defined in ORS 165.065.
' (53) Possessing a fraudulent communications device, as
defined in ORS 165.070.
' (54) Unlawful factoring of a credit card transaction, as
defined in ORS 165.074.
' (55) Falsifying business records, as defined in ORS 165.080.
' (56) Sports bribery, as defined in ORS 165.085.
' (57) Sports bribe receiving, as defined in ORS 165.090.
' (58) Misapplication of entrusted property, as defined in ORS
165.095.
' (59) Issuing a false financial statement, as defined in ORS
165.100.
' (60) Obtaining execution of documents by deception, as
defined in ORS 165.102.
' (61) A violation of ORS 165.543.
' (62) Cellular counterfeiting in the third degree, as defined
in ORS 165.577.
' (63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
' (64) Cellular counterfeiting in the first degree, as defined
in ORS 165.581.
' (65) Identity theft, as defined in ORS 165.800.
' (66) A violation of ORS 166.190.
' (67) Unlawful use of a weapon, as defined in ORS 166.220.
' (68) A violation of ORS 166.240.
' (69) Unlawful possession of a firearm, as defined in ORS
166.250.
' (70) A violation of ORS 166.270.
' (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
' (72) A violation of ORS 166.275.
' (73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
' (74) A violation of ORS 166.370.
' (75) Unlawful possession of a destructive device, as defined
in ORS 166.382.
' (76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
' (77) Possession of a hoax destructive device, as defined in
ORS 166.385.
' (78) A violation of ORS 166.410.
' (79) Providing false information in connection with a
transfer of a handgun, as defined in ORS 166.416.
' (80) Improperly transferring a handgun, as defined in ORS
166.418.
' (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
' (82) A violation of ORS 166.429.
' (83) A violation of ORS 166.470.
' (84) A violation of ORS 166.480.
' (85) A violation of ORS 166.635.
' (86) A violation of ORS 166.638.
' (87) Unlawful paramilitary activity, as defined in ORS
166.660.
' (88) A violation of ORS 166.720.
' (89) Prostitution, as defined in ORS 167.007.
' (90) Promoting prostitution, as defined in ORS 167.012.
' (91) Compelling prostitution, as defined in ORS 167.017.
' (92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
' (93) Unlawful gambling in the second degree, as defined in
ORS 167.122.
' (94) Unlawful gambling in the first degree, as defined in ORS
167.127.
' (95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
' (96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
' (97) Possession of a gambling device, as defined in ORS
167.147.
' (98) Possession of a gray machine, as defined in ORS 167.164.
' (99) Cheating, as defined in ORS 167.167.
' (100) Tampering with drug records, as defined in ORS 167.212.
' (101) A violation of ORS 167.262.
' (102) Research and animal interference, as defined in ORS
167.312.
' (103) Animal abuse in the first degree, as defined in ORS
167.320.
' (104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
' (105) Animal neglect in the first degree, as defined in ORS
167.330.
' (106) Interfering with an assistance, a search and rescue or
a therapy animal, as defined in ORS 167.352.
' (107) Involvement in animal fighting, as defined in ORS
167.355.
' (108) Dogfighting, as defined in ORS 167.365.
' (109) Participation in dogfighting, as defined in ORS
167.370.
' (110) Unauthorized use of a livestock animal, as defined in
ORS 167.385.
' (111) Interference with livestock production, as defined in
ORS 167.388.
' (112) A violation of ORS 167.390.
' (113) A violation of ORS 471.410.
' (114) Failure to report missing precursor substances, as
defined in ORS 475.955.
' (115) Illegally selling drug equipment, as defined in ORS
475.960.
' (116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
' (117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
' (118) A violation of ORS 475.992, if it is a felony or a
Class A misdemeanor.
' (119) A violation of ORS 475.993, if it is a felony or a
Class A misdemeanor.
' (120) A violation of ORS 475.994.
' (121) A violation of ORS 475.995, if it is a felony or a
Class A misdemeanor.
' (122) A violation of ORS 475.999 (1)(a).
' (123) Misuse of an identification card, as defined in ORS
807.430.
' (124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
' (125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
' (126) Using an invalid license, as defined in ORS 807.580.
' (127) Permitting misuse of a license, as defined in ORS
807.590.
' (128) Using another's license, as defined in ORS 807.600.
' (129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
' (130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
' (131) Unlawful distribution of cigarettes, as defined in
{ - section 3 of this 2001 Act - } { + ORS 323.482 + }.
' { + (132) Aggravated arson in the second degree, as defined
in section 3 of this 2003 Act. + }
' { - (132) - } { + (133) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (131) - } { + (132) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A
misdemeanor.'.
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