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 361
A-Engrossed
Senate Bill 24
Ordered by the Senate May 29
Including Senate Amendments dated May 29
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim 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.
Creates crime of unlawful development, manufacture, delivery,
possession or use of harmful substance, toxin or delivery system.
Punishes by maximum of 10 years' imprisonment, $200,000 fine, or
both.
Expands crime of possession of hoax destructive device.
Modifies crime of disorderly conduct involving false reports.
Creates crime of menacing in first degree. Punishes by maximum
of { - 10 - } { + five + } years' imprisonment,
{ - $200,000 - } { + $100,000 + } fine, or both.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
40.355, 124.105, 135.703, 163.190, 163.707, 166.025 and 166.385
and section 19, chapter 666, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and section 2 of this
2003 Act:
(1) 'Delivery system' means:
(a) Any apparatus, equipment or device intended to deliver or
disseminate a harmful biological substance, harmful chemical
substance, toxin or vector.
(b) Any vector.
(2) 'Harmful biological substance' means a bacterium, virus or
other microorganism, or a toxic substance derived from or
produced by an organism, that can be used to cause death, injury
or disease in humans or animals.
(3) 'Harmful chemical substance' means a solid, liquid or gas
that through its chemical or physical properties, alone or in
combination with one or more other chemical substances, can be
used to cause death, injury or disease in humans or animals.
(4) 'Toxin' means the toxic material of a plant, animal,
microorganism, virus, fungus, infectious substance or recombinant
molecule, whatever the origin or method of production of the
recombinant molecule, that through its chemical or physical
properties, alone or in combination with one or more other
chemical substances, can be used to cause death, injury or
disease in humans or animals.
(5) 'Vector' means a living organism, a molecule, including a
recombinant molecule, or a biological product of biotechnology,
capable of carrying a harmful biological substance, harmful
chemical substance or toxin to a host. + }
SECTION 2. { + (1) A person commits the crime of unlawful
development, manufacture, delivery, possession or use of a
harmful substance, toxin or delivery system if the person, with
the intention of unlawfully harming a person or animal, develops,
manufactures, delivers, possesses or uses a:
(a) Harmful biological substance;
(b) Harmful chemical substance;
(c) Toxin; or
(d) Delivery system.
(2) Unlawful development, manufacture, delivery, possession or
use of a harmful substance, toxin or delivery system is a Class B
felony. + }
SECTION 3. ORS 166.385 is amended to read:
166.385. (1) A person commits the crime of possession of a hoax
destructive device if the person knowingly places another person
in fear of serious physical injury by:
(a) Possessing, manufacturing, selling, delivering, placing or
causing to be placed a hoax destructive device; or
(b) Sending a hoax destructive device to another person.
(2) Possession of a hoax destructive device is a Class A
misdemeanor.
{ - (3) Notwithstanding subsection (2) of this section,
possession of a hoax destructive device is a Class C felony if a
person possesses, or threatens to use, a hoax destructive device
while the person is committing or attempting to commit a
felony. - }
{ - (4) - } { + (3) + } As used in this section, 'hoax
destructive device' means an object that reasonably appears,
under the circumstances:
(a) To be a destructive device, as described in ORS 166.382
(1)(a), or an explosive, as defined in ORS 166.660, but is an
inoperative imitation of a destructive device or explosive;
{ - or - }
(b) To contain a destructive device, as described in ORS
166.382 (1)(a), or an explosive, as defined in ORS 166.660 { + ;
or
(c) To be a delivery system, as defined in section 1 of this
2003 Act, but is an imitation of a delivery system + }.
SECTION 4. 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) Unlawful development, manufacture, delivery,
possession or use of a harmful substance, toxin or delivery
system as defined in section 2 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.
SECTION 5. ORS 166.025 is amended to read:
166.025. (1) A person commits the crime of disorderly conduct
if, with intent to cause public inconvenience, annoyance or
alarm, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or in violent, tumultuous or
threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful
authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
(e) Congregates with other persons in a public place and
refuses to comply with a lawful order of the police to disperse;
(f) Initiates or circulates a report, knowing it to be false,
concerning an alleged or impending { - fire, explosion, - }
crime { - , catastrophe or other emergency - } ; or
(g) Creates a hazardous or physically offensive condition by
any act which the person is not licensed or privileged to do.
(2) Disorderly conduct is a Class B misdemeanor.
SECTION 6. ORS 163.190 is amended to read:
163.190. (1) A person commits the crime of menacing { + in the
second degree + } if by word or conduct the person intentionally
attempts to place another person in fear of imminent serious
physical injury.
(2) Menacing { + in the second degree + } is a Class A
misdemeanor.
SECTION 7. { + Section 8 of this 2003 Act is added to and made
a part of ORS 163.160 to 163.208. + }
SECTION 8. { + (1) A person commits the crime of menacing in
the first degree if, with intent to cause fear of death or
serious physical injury, the person circulates a false threat of
fire, explosion, catastrophe or other emergency likely to cause
alarm as defined in ORS 163.730.
(2) Menacing in the first degree is a Class C felony. + }
SECTION 9. ORS 40.355 is amended to read:
40.355. (1) For the purpose of attacking the credibility of a
witness, evidence that the witness has been convicted of a crime
shall be admitted if elicited from the witness or established by
public record, but only if the crime:
(a) Was punishable by death or imprisonment in excess of one
year under the law under which the witness was convicted; or
(b) Involved false statement or dishonesty.
(2)(a) If a defendant is charged with one or more of the crimes
listed in paragraph (b) of this subsection, and the defendant is
a witness, evidence that the defendant has been convicted of
committing one or more of the following crimes against a family
or household member, as defined in ORS 135.230, may be elicited
from the defendant, or established by public record, and admitted
into evidence for the purpose of attacking the credibility of the
defendant:
(A) Assault in the fourth degree under ORS 163.160.
(B) Menacing { + in the second degree + } under ORS 163.190.
(C) Harassment under ORS 166.065.
(D) Attempted assault in the fourth degree under ORS 163.160
(1).
(E) Attempted assault in the fourth degree under ORS 163.160
(3).
(b) Evidence may be admitted into evidence for the purpose of
attacking the credibility of a defendant under the provisions of
this subsection only if the defendant is charged with committing
one or more of the following crimes against a family or household
member, as defined in ORS 135.230:
(A) Aggravated murder under ORS 163.095.
(B) Murder under ORS 163.115.
(C) Manslaughter in the first degree under ORS 163.118.
(D) Manslaughter in the second degree under ORS 163.125.
(E) Assault in the first degree under ORS 163.185.
(F) Assault in the second degree under ORS 163.175.
(G) Assault in the third degree under ORS 163.165.
(H) Assault in the fourth degree under ORS 163.160.
(I) Rape in the first degree under ORS 163.375 (1)(a).
(J) Sodomy in the first degree under ORS 163.405 (1)(a).
(K) Unlawful sexual penetration in the first degree under ORS
163.411 (1)(a).
(L) Sexual abuse in the first degree under ORS 163.427
(1)(a)(B).
(M) Kidnapping in the first degree under ORS 163.235.
(N) Kidnapping in the second degree under ORS 163.225.
(O) Burglary in the first degree under ORS 164.225.
(P) Coercion under ORS 163.275.
(Q) Stalking under ORS 163.732.
(R) Violating a court's stalking protective order under ORS
163.750.
(S) Menacing { + in the second degree + } under ORS 163.190.
(T) Harassment under ORS 166.065.
(U) Attempting to commit a crime listed in this paragraph.
(3) Evidence of a conviction under this section is not
admissible if:
(a) A period of more than 15 years has elapsed since the date
of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date; or
(b) The conviction has been expunged by pardon, reversed, set
aside or otherwise rendered nugatory.
(4) When the credibility of a witness is attacked by evidence
that the witness has been convicted of a crime, the witness shall
be allowed to explain briefly the circumstances of the crime or
former conviction; once the witness explains the circumstances,
the opposing side shall have the opportunity to rebut the
explanation.
(5) The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency
of an appeal is admissible.
(6) An adjudication by a juvenile court that a child is within
its jurisdiction is not a conviction of a crime.
(7) A conviction of any of the statutory counterparts of
offenses designated as violations as described in ORS 153.008 may
not be used to impeach the character of a witness in any criminal
or civil action or proceeding.
SECTION 10. ORS 124.105 is amended to read:
124.105. (1) An action may be brought under ORS 124.100 for
physical abuse if the defendant engaged in conduct against an
elderly or incapacitated person that would constitute any of the
following:
(a) Assault, under the provisions of ORS 163.160, 163.165,
163.175 and 163.185.
(b) Menacing { + in the second degree + }, under the
provisions of ORS 163.190.
(c) Recklessly endangering another person, under the provisions
of ORS 163.195.
(d) Criminal mistreatment, under the provisions of ORS 163.200
and 163.205.
(e) Rape, under the provisions of ORS 163.355, 163.365 and
163.375.
(f) Sodomy, under the provisions of ORS 163.385, 163.395 and
163.405.
(g) Unlawful sexual penetration, under the provisions of ORS
163.408 and 163.411.
(h) Sexual abuse, under the provisions of ORS 163.415, 163.425
and 163.427.
(2) An action may be brought under ORS 124.100 for physical
abuse if the defendant used any unreasonable physical constraint
on the plaintiff or subjected the plaintiff to prolonged or
continued deprivation of food or water.
(3) An action may be brought under ORS 124.100 for physical
abuse if the defendant used a physical or chemical restraint, or
psychotropic medication on the plaintiff without an order from a
physician licensed in the State of Oregon or under any of the
following conditions:
(a) For the purpose of punishing the elderly or incapacitated
person.
(b) For any purpose not consistent with the purposes authorized
by a physician.
(c) For a period significantly beyond that for which the
restraint or medication was authorized by a physician.
SECTION 11. ORS 135.703 is amended to read:
135.703. (1) When a defendant is charged with a crime
punishable as a misdemeanor for which the person injured by the
act constituting the crime has a remedy by a civil action, the
crime may be compromised, as provided in ORS 135.705, except when
it was committed:
(a) By or upon a peace officer while in the execution of the
duties of office;
(b) Riotously;
(c) With an intent to commit a crime punishable only as a
felony; or
(d) By one family or household member upon another family or
household member, as defined in ORS 107.705, or by a person upon
an elderly or disabled person as defined in ORS 124.005 and the
crime was:
(A) Assault in the fourth degree under ORS 163.160;
(B) Assault in the third degree under ORS 163.165;
(C) Menacing { + in the second degree + } under ORS 163.190;
(D) Recklessly endangering another person under ORS 163.195; or
(E) Harassment under ORS 166.065.
(2) Notwithstanding subsection (1) of this section, when a
defendant is charged with violating ORS 811.700, the crime may be
compromised as provided in ORS 135.705.
SECTION 12. ORS 163.707 is amended to read:
163.707. (1) A motor vehicle used by the owner in a drive-by
shooting is subject to civil in rem forfeiture.
(2) Seizure and forfeiture proceedings under this section shall
be conducted in accordance with ORS chapter 475A.
(3) As used in this section, 'drive-by shooting' means
discharge of a firearm from a motor vehicle while committing or
attempting to commit:
(a) Aggravated murder under ORS 163.095;
(b) Murder under ORS 163.115;
(c) Manslaughter in any degree under ORS 163.118 or 163.125;
(d) Assault in any degree under ORS 163.160, 163.165, 163.175
or 163.185;
(e) Menacing { + in the second degree + } under ORS 163.190;
(f) Recklessly endangering another person under ORS 163.195;
(g) Assaulting a public safety officer under ORS 163.208; or
(h) Intimidation in any degree under ORS 166.155 or 166.165.
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