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 693
 
                         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)
 
 
                             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 definition of enter or remain unlawfully for purposes
of burglary and criminal trespass.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 164.205.
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 denied entry to 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
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.
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