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 1535
 
                         Senate Bill 307
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  District Attorneys Association)
 
 
                             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.
 
  Prohibits voluntary use of drugs or controlled substances,
dependence on drugs or controlled substances or voluntary
intoxication as defense. Amends definition of mental disease or
defect to exclude conditions resulting from voluntary use of
drugs or controlled substances or voluntary intoxication.
 
                        A BILL FOR AN ACT
Relating to voluntary intoxication; amending ORS 161.125 and
  161.295.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.125 is amended to read:
  161.125. (1) The  { + voluntary + } use of drugs or controlled
substances, dependence on drugs or controlled substances or
voluntary intoxication   { - shall - }  { +  does + } not   { - ,
as such, - }  constitute a defense to a criminal charge   { - ,
but in any prosecution for an offense, evidence that the
defendant used drugs or controlled substances, or was dependent
on drugs or controlled substances, or was intoxicated may be
offered by the defendant whenever it is relevant to negative an
element of the crime charged - } .
   { +  (2) When intent establishes an element of the offense, if
the defendant, because of the voluntary use of drugs or
controlled substances, dependence on drugs or controlled
substances or voluntary intoxication, did not act with a
conscious objective to cause a particular result or to engage in
a particular conduct, such absence of a conscious objective is
immaterial.
  (3) When knowledge establishes an element of the offense, if
the defendant, because of the voluntary use of drugs or
controlled substances, dependence on drugs or controlled
substances or voluntary intoxication, is unaware that the
defendant's conduct is of a particular nature or that a
particular circumstance exists, and the defendant would have been
aware of the particular nature of the defendant's conduct or the
existence of a particular circumstance had the defendant been not
using drugs or controlled substances, not dependent on drugs or
controlled substances or not intoxicated, such unawareness is
immaterial. + }
    { - (2) - }   { + (4) + } When recklessness establishes an
element of the offense, if the defendant, due to the
 { + voluntary + } use of drugs or controlled substances,
dependence on drugs or controlled substances or voluntary
intoxication, is unaware of a risk of which the defendant would
have been aware had the defendant been
  { - not intoxicated, - }  not using drugs or controlled
substances,   { - or - } not dependent on drugs or controlled
substances  { + or not intoxicated + }, such unawareness is
immaterial.
  SECTION 2. ORS 161.295 is amended to read:
  161.295. (1) A person is guilty except for insanity if, as a
result of mental disease or defect at the time of engaging in
criminal conduct, the person lacks substantial capacity either to
appreciate the criminality of the conduct or to conform the
conduct to the requirements of law.
  (2) As used in chapter 743, Oregon Laws 1971, the terms '
mental disease or defect' do not include an abnormality { + :
  (a) + } Manifested only by repeated criminal or otherwise
antisocial conduct { + ; + }   { - , - }
   { +  (b)  + }  { - nor do they include any abnormality - }
Constituting solely a personality disorder { + ; or
  (c) Caused by the voluntary use of drugs or controlled
substances or voluntary intoxication + }.
                         ----------