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 578
 
                         Senate Bill 172
 
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 Governor Theodore R.
  Kulongoski for the Oregon State Lottery)
 
 
                             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.
 
  Exempts possession of records of certain lotteries operated in
other jurisdictions from crime of possession of gambling records
in second degree. Exempts participation in certain lotteries
operated in other jurisdictions from crime of unlawful gambling
in second degree.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 167.122 and 167.132.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.132 is amended to read:
  167.132. (1) A person commits the crime of possession of
gambling records in the second degree if, with knowledge of the
contents thereof, the person possesses any writing, paper,
instrument or article:
  (a) Of a kind commonly used in the operation or promotion of a
bookmaking scheme or enterprise; or
  (b) Of a kind commonly used in the operation, promotion or
playing of a lottery or numbers scheme or enterprise.
  (2) Possession of gambling records in the second degree is a
Class A misdemeanor.
   { +  (3) Subsection (1)(b) of this section does not apply if
the person possesses the writing, paper, instrument or article
solely in the person's capacity as a player and the writing,
paper, instrument or article originates from a lottery that is
authorized by the laws of the District of Columbia or a state,
territory or commonwealth of the United States. + }
  SECTION 2. ORS 167.122 is amended to read:
  167.122. (1) A person commits the crime of unlawful gambling in
the second degree if the person knowingly:
  (a) Places a bet with a bookmaker; or
  (b) Participates or engages in unlawful gambling as a player.
  (2) Unlawful gambling in the second degree is a Class A
misdemeanor.
   { +  (3) For purposes of subsection (1)(b) of this section, '
unlawful gambling' does not include a lottery that is authorized
by the laws of the District of Columbia or a state, territory or
commonwealth of the United States. + }
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