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 240
Senate Bill 84
Sponsored by Senator MESSERLE, Representative VERGER
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.
Provides that certain felony convictions of criminal driving
while suspended or revoked are not convictions of felony for
purposes of crime of felon in possession of firearm or felon in
possession of restricted weapon.
A BILL FOR AN ACT
Relating to crime; amending ORS 10.030 and 166.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm, commits the
crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove or metal knuckles, or who carries a dirk, dagger or
stiletto, commits the crime of felon in possession of a
restricted weapon.
(3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. { - Provided, however,
that - } Such conviction shall not be deemed a conviction of a
felony if:
(a) The court declared the conviction to be a misdemeanor at
the time of judgment; { - or - }
(b) The offense was { - for - } possession of marijuana and
the conviction was prior to January 1, 1972 { + ; or
(c) The offense was criminal driving while suspended or revoked
that was committed before September 1, 1999, and the suspension
or revocation did not result from any degree of murder,
manslaughter, criminally negligent homicide or assault resulting
from the operation of a motor vehicle + }.
(4) Subsection (1) of this section shall not apply to any
person who has been:
(a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c)
or has had the person's record expunged under the laws of this
state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
SECTION 2. ORS 10.030 is amended to read:
10.030. (1) Except as otherwise specifically provided by
statute, the opportunity for jury service shall not be denied or
limited on the basis of race, national origin, gender, age,
religious belief, income, occupation or any other factor that
discriminates against a cognizable group in this state.
(2) Any person is eligible to act as a juror in a civil trial
unless the person:
(a) Is not a citizen of the United States;
(b) Does not live in the county in which summoned for jury
service;
(c) Is less than 18 years of age; or
(d) Has had rights and privileges withdrawn and not restored
under ORS 137.281.
(3)(a) Any person is eligible to act as a juror in a criminal
trial, beginning on or after December 5, 1996, unless the person:
(A) Is not a citizen of the United States;
(B) Does not live in the county in which summoned for jury
service;
(C) Is less than 18 years of age;
(D) Has had rights and privileges withdrawn and not restored
under ORS 137.281; or
(E) Has been convicted of a felony or served a felony sentence
within the prior 15 years.
(b) As used in this subsection:
(A) 'Felony sentence' includes any incarceration, post-prison
supervision, parole or probation imposed upon conviction of a
felony or served as a result of conviction of a felony.
(B) 'Has been convicted of a felony' has the meaning given that
term in ORS 166.270 { + (3)(a) and (b) + }.
(4) A person who is blind, hearing or speech impaired or
physically disabled shall not be ineligible to act as a juror or
be excluded from a jury list or jury service on the basis of
blindness, hearing or speech impairment or physical disability
alone.
(5) No person is eligible to act as a juror in any circuit
court of this state within 24 months after being discharged from
jury service in a federal court in this state or circuit court of
this state unless that person's service as a juror is required
because of a need for additional jurors.
(6) In addition to the disqualifications listed in subsection
(2) of this section, a person is ineligible to act as a juror on
a grand jury if the person has been convicted of a felony, other
than a felony traffic offense, or has served a felony sentence,
other than a sentence for a felony traffic offense, within the
prior 15 years. As used in this subsection, 'conviction' means an
adjudication of guilt upon a verdict or finding entered in a
criminal proceeding in a court of competent jurisdiction.
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