72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2022
 
                         House Bill 2802
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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 as
introduced.
 
  Expands crime of arson in first degree.
 
                        A BILL FOR AN ACT
Relating to arson; amending ORS 164.305 and 164.325.
Be It Enacted by the People of the State of Oregon:
  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) + }  { + Intentionally damages + }
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) Intentionally damages + } 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) Intentionally damages or attempts to damage a structure
that the person modified with intent to impair fire suppression
efforts, injure firefighters or enhance the spread of the fire;
  (b) The person violates ORS 164.315 and the damages to the
property exceed $50,000; or
  (c) The person intentionally damages or attempts to damage
property of another that is not protected property by:
  (A) Starting more than one fire; or
  (B) Starting a fire using an incendiary device + }.
  (2) Arson in the first degree is a Class A felony.
  SECTION 2. ORS 164.305 is amended to read:
  164.305. As used in ORS 164.305 to 164.377, except as the
context requires otherwise:
   { +  (1) 'Accelerant' means a substance used to increase the
speed at which a fire spreads.
  (2) 'Incendiary device' means an object designed to start a
fire and that contains an accelerant and a mechanism that delays
the ignition of the accelerant. + }
    { - (1) - }  { +  (3) + } 'Police animal' means a dog or
horse used in police work under the control of a peace officer as
defined in ORS 161.015 who has successfully completed at least
360 hours of training in the care and use of a police animal, or
who has passed the demonstration of minimum standards established
by the Oregon Police Canine Association or other accredited and
recognized animal handling organization.
   { +  (4) 'Property of another' means property in which anyone
other than the actor has a legal or equitable interest that the
actor has no right to defeat or impair, even though the actor may
also have a legal or equitable interest in the property. + }
    { - (2) - }  { +  (5) + } 'Protected property' means any
structure, place or thing customarily occupied by people,
including 'public buildings' as defined by ORS 479.010 and
'forestland,' as defined by ORS 477.001.
    { - (3) 'Property of another' means property in which anyone
other than the actor has a legal or equitable interest that the
actor has no right to defeat or impair, even though the actor may
also have such an interest in the property. - }
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