72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 46
 
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)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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
 
 
Enrolled Senate Bill 46 (SB 46-B)                          Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by Senate March 27, 2003
 
Repassed by Senate June 9, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 5, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 46 (SB 46-B)                          Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 46 (SB 46-B)                          Page 3