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 1706
 
                           A-Engrossed
 
                         Senate Bill 342
                  Ordered by the House July 17
            Including House Amendments dated July 17
 
Sponsored by 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.
 
    { - Provides that for purposes of crime of possession of
controlled substance person possesses controlled substance if
person intentionally consumes controlled substance and certain
other circumstances are present. - }
   { +  Allows school district to request suspension of driving
privileges of student who has been suspended or expelled at least
twice for activities involving controlled substances.
  Defines mixture or substance for certain controlled substance
laws.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to controlled substances; creating new provisions;
  amending ORS 339.254 and 475.996; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 339.254 is amended to read:
  339.254. (1) A school district board may establish a policy
regarding when a school superintendent or the board may file with
the Department of Transportation a written request to suspend the
driving privileges of a student or the right to apply for driving
privileges. Such policy shall include:
  (a) A requirement that a superintendent or the school district
board may file with the Department of Transportation a written
request to suspend the driving privileges of a student or the
right to apply for driving privileges only if the student is at
least 15 years of age and:
  (A) The student has been expelled for bringing a weapon to
school;   { - or - }
  (B) The student has been suspended or expelled at least twice
for assaulting or menacing a school employee or another student,
for willful damage or injury to school property or for use of
threats, intimidation, harassment or coercion against a school
employee or another student { + ; or
  (C) The student has been suspended or expelled at least twice
for possessing, using or delivering any controlled substance or
for being under the influence of any controlled substance at a
school or on school property or at a school sponsored activity,
function or event + }.
  (b) A requirement that the school superintendent meet with the
parent or guardian of the student before submitting a written
request to the Department of Transportation.
  (c) A requirement that the school superintendent or board may
request that the driving privileges of the student or the right
to apply for driving privileges be suspended for no more than one
year.
  (d) Notwithstanding paragraph (c) of this subsection, a
requirement that, if a school superintendent or the school
district board files a second written request with the Department
of Transportation to suspend the driving privileges of a student
or the right to apply for driving privileges, those privileges
shall be suspended until the student is 21 years of age.
  (e) A provision that a student may appeal the decision of a
school superintendent regarding driving privileges of a student
under the due process procedures of the school district for
suspensions and expulsions.
  (2) If the driving privileges of a student are suspended, the
student may apply to the Department of Transportation for a
hardship driver permit under ORS 807.240.
  SECTION 2.  { + The amendments to ORS 339.254 by section 1 of
this 2003 Act first apply to the 2004-2005 school year. + }
  SECTION 3. ORS 475.996 is amended to read:
  475.996. (1) A violation of ORS 475.992 shall be classified as
crime category 8 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission if:
  (a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
  (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
  (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
  (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana;
  (F) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
  (G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin; or
  (H) Five grams or more or 25 or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of:
  (i) 3,4-methylenedioxyamphetamine;
  (ii) 3,4-methylenedioxymethamphetamine; or
  (iii) 3,4-methylenedioxy-N-ethylamphetamine.
  (b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
  (A) The delivery was of heroin, cocaine, hashish, marijuana,
methamphetamine, lysergic acid diethylamide, psilocybin or
psilocin and was for consideration;
  (B) The offender was in possession of $300 or more in cash;
  (C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
  (D) The offender was in possession of materials being used for
the packaging of controlled substances such as scales, wrapping
or foil, other than the material being used to contain the
substance that is the subject of the offense;
  (E) The offender was in possession of drug transaction records
or customer lists;
  (F) The offender was in possession of stolen property;
  (G) Modification of structures by painting, wiring, plumbing or
lighting to facilitate a controlled substance offense;
  (H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
  (I) The offender was using public lands for the manufacture of
controlled substances;
  (J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
  (K) The offender was in possession of controlled substances in
an amount greater than:
  (i) Three grams or more of a mixture or substance containing a
detectable amount of heroin;
  (ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
  (iv) Eight grams or more of a mixture or substance containing a
detectable amount of hashish;
  (v) One hundred ten grams or more of a mixture or substance
containing a detectable amount of marijuana;
  (vi) Twenty or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
  (vii) Ten grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin; or
  (viii) Four grams or more or 20 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of:
  (I) 3,4-methylenedioxyamphetamine;
  (II) 3,4-methylenedioxymethamphetamine; or
  (III) 3,4-methylenedioxy-N-ethylamphetamine.
  (c) The violation constitutes a violation of ORS 475.999.
  (2) A violation of ORS 475.992 shall be classified as crime
category 6 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission if:
  (a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methyl
enedioxymethamphetamine or 3,4-methylenedioxy-N-ethylamphetamine
and is for consideration.
  (b) The violation constitutes possession of:
  (A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
  (B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
  (C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
  (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
  (E) One hundred fifty grams or more of a mixture or substance
containing a detectable amount of marijuana;
  (F) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
  (G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin; or
  (H) Five grams or more or 25 or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of:
  (i) 3,4-methylenedioxyamphetamine;
  (ii) 3,4-methylenedioxymethamphetamine; or
  (iii) 3,4-methylenedioxy-N-ethylamphetamine.
  (3) Any felony violation of ORS 475.992 not contained in
subsection (1) or (2) of this section shall be classified as:
  (a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
  (b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
  (4) In order to prove a commercial drug offense, the state
shall plead in the accusatory instrument sufficient factors of a
commercial drug offense under subsections (1) and (2) of this
section. The state has the burden of proving each factor beyond a
reasonable doubt.
   { +  (5) As used in this section, 'mixture or substance' means
any mixture or substance, whether or not the mixture or substance
is in an ingestible or marketable form at the time of the
offense. + }
  SECTION 4.  { + 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. + }
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