72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 466
LC 1426/SB 466-1
SENATE AMENDMENTS TO
SENATE BILL 466
By COMMITTEE ON JUDICIARY
May 13
In line 2 of the printed bill, after 'detection' insert ';
amending ORS 164.225, 164.235 and section 19, chapter 666, Oregon
Laws 2001'.
Delete lines 4 through 22 and insert:
' { + SECTION 1. + } ORS 164.235 is amended to read:
' 164.235. (1) A person commits the crime of possession of
{ - burglar's tools if the person possesses any burglar tool
with the intent to use the tool or knowing that some person
intends to use the tool to commit or facilitate a forcible entry
into premises or theft by a physical taking - } { + a burglary
tool or theft device if the person possesses a burglary tool or
theft device and the person:
' (a) Intends to use the tool or device to commit or facilitate
a forcible entry into premises or a theft by a physical taking;
or
' (b) Knows that another person intends to use the tool or
device to commit or facilitate a forcible entry into premises or
a theft by a physical taking + }.
' (2) { - ' Burglar tool' - } { + For purposes of this
section, ' burglary tool or theft device' + } means an acetylene
torch, electric arc, burning bar, thermal lance, oxygen lance or
other similar device capable of burning through steel, concrete
or other solid material, or nitroglycerine, dynamite, gunpowder
or any other explosive, tool, instrument or other article adapted
or designed for committing or facilitating a forcible entry into
premises or theft by a physical taking.
' (3) Possession of { - burglar's tools - } { + a burglary
tool or theft device + } is a Class A misdemeanor.
' { + SECTION 2. + } ORS 164.225 is amended to read:
' 164.225. (1) A person commits the crime of burglary in the
first degree if the person violates ORS 164.215 and the building
is a dwelling, or if in effecting entry or while in a building or
in immediate flight therefrom the person:
' (a) Is armed with a { - burglar's tool - } { + burglary
tool or theft device + } as defined in ORS 164.235 or a deadly
weapon; { - or - }
' (b) Causes or attempts to cause physical injury to any
person; or
' (c) Uses or threatens to use a dangerous weapon.
' (2) Burglary in the first degree is a Class A felony.
' { + SECTION 3. + } Section 19, chapter 666, Oregon Laws
2001, as amended by section 5, chapter 696, Oregon Laws 2001, is
amended to read:
' { + Sec. 19. + } The crimes to which section 1 (11)(b),
chapter 666, Oregon Laws 2001, applies are:
' (1) Bribe giving, as defined in ORS 162.015.
' (2) Bribe receiving, as defined in ORS 162.025.
' (3) Public investment fraud, as defined in ORS 162.117.
' (4) Bribing a witness, as defined in ORS 162.265.
' (5) Bribe receiving by a witness, as defined in ORS 162.275.
' (6) Simulating legal process, as defined in ORS 162.355.
' (7) Official misconduct in the first degree, as defined in
ORS 162.415.
' (8) Custodial interference in the second degree, as defined
in ORS 163.245.
' (9) Custodial interference in the first degree, as defined in
ORS 163.257.
' (10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
' (11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
' (12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
' (13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
' (14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
' (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
' (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
' (17) Theft in the second degree, as defined in ORS 164.045.
' (18) Theft in the first degree, as defined in ORS 164.055.
' (19) Aggravated theft in the first degree, as defined in ORS
164.057.
' (20) Theft by extortion, as defined in ORS 164.075.
' (21) Theft by deception, as defined in ORS 164.085, if it is
a felony or a Class A misdemeanor.
' (22) Theft by receiving, as defined in ORS 164.095, if it is
a felony or a Class A misdemeanor.
' (23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
' (24) Unauthorized use of a vehicle, as defined in ORS
164.135.
' (25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
' (26) Laundering a monetary instrument, as defined in ORS
164.170.
' (27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
' (28) Burglary in the second degree, as defined in ORS
164.215.
' (29) Burglary in the first degree, as defined in ORS 164.225.
' (30) Possession of { - burglar's tools - } { + a burglary
tool or theft device + }, as defined in ORS 164.235.
' (31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
' (32) Arson in the second degree, as defined in ORS 164.315.
' (33) Arson in the first degree, as defined in ORS 164.325.
' (34) Computer crime, as defined in ORS 164.377.
' (35) Robbery in the third degree, as defined in ORS 164.395.
' (36) Robbery in the second degree, as defined in ORS 164.405.
' (37) Robbery in the first degree, as defined in ORS 164.415.
' (38) Unlawful labeling of a sound recording, as defined in
ORS 164.868.
' (39) Unlawful recording of a live performance, as defined in
ORS 164.869.
' (40) Unlawful labeling of a videotape recording, as defined
in ORS 164.872.
' (41) A violation of ORS 164.877.
' (42) Endangering aircraft, as defined in ORS 164.885.
' (43) Interference with agricultural operations, as defined in
ORS 164.887.
' (44) Forgery in the second degree, as defined in ORS 165.007.
' (45) Forgery in the first degree, as defined in ORS 165.013.
' (46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
' (47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
' (48) Criminal possession of a forgery device, as defined in
ORS 165.032.
' (49) Criminal simulation, as defined in ORS 165.037.
' (50) Fraudulently obtaining a signature, as defined in ORS
165.042.
' (51) Fraudulent use of a credit card, as defined in ORS
165.055.
' (52) Negotiating a bad check, as defined in ORS 165.065.
' (53) Possessing a fraudulent communications device, as
defined in ORS 165.070.
' (54) Unlawful factoring of a credit card transaction, as
defined in ORS 165.074.
' (55) Falsifying business records, as defined in ORS 165.080.
' (56) Sports bribery, as defined in ORS 165.085.
' (57) Sports bribe receiving, as defined in ORS 165.090.
' (58) Misapplication of entrusted property, as defined in ORS
165.095.
' (59) Issuing a false financial statement, as defined in ORS
165.100.
' (60) Obtaining execution of documents by deception, as
defined in ORS 165.102.
' (61) A violation of ORS 165.543.
' (62) Cellular counterfeiting in the third degree, as defined
in ORS 165.577.
' (63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
' (64) Cellular counterfeiting in the first degree, as defined
in ORS 165.581.
' (65) Identity theft, as defined in ORS 165.800.
' (66) A violation of ORS 166.190.
' (67) Unlawful use of a weapon, as defined in ORS 166.220.
' (68) A violation of ORS 166.240.
' (69) Unlawful possession of a firearm, as defined in ORS
166.250.
' (70) A violation of ORS 166.270.
' (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
' (72) A violation of ORS 166.275.
' (73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
' (74) A violation of ORS 166.370.
' (75) Unlawful possession of a destructive device, as defined
in ORS 166.382.
' (76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
' (77) Possession of a hoax destructive device, as defined in
ORS 166.385.
' (78) A violation of ORS 166.410.
' (79) Providing false information in connection with a
transfer of a handgun, as defined in ORS 166.416.
' (80) Improperly transferring a handgun, as defined in ORS
166.418.
' (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
' (82) A violation of ORS 166.429.
' (83) A violation of ORS 166.470.
' (84) A violation of ORS 166.480.
' (85) A violation of ORS 166.635.
' (86) A violation of ORS 166.638.
' (87) Unlawful paramilitary activity, as defined in ORS
166.660.
' (88) A violation of ORS 166.720.
' (89) Prostitution, as defined in ORS 167.007.
' (90) Promoting prostitution, as defined in ORS 167.012.
' (91) Compelling prostitution, as defined in ORS 167.017.
' (92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
' (93) Unlawful gambling in the second degree, as defined in
ORS 167.122.
' (94) Unlawful gambling in the first degree, as defined in ORS
167.127.
' (95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
' (96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
' (97) Possession of a gambling device, as defined in ORS
167.147.
' (98) Possession of a gray machine, as defined in ORS 167.164.
' (99) Cheating, as defined in ORS 167.167.
' (100) Tampering with drug records, as defined in ORS 167.212.
' (101) A violation of ORS 167.262.
' (102) Research and animal interference, as defined in ORS
167.312.
' (103) Animal abuse in the first degree, as defined in ORS
167.320.
' (104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
' (105) Animal neglect in the first degree, as defined in ORS
167.330.
' (106) Interfering with an assistance, a search and rescue or
a therapy animal, as defined in ORS 167.352.
' (107) Involvement in animal fighting, as defined in ORS
167.355.
' (108) Dogfighting, as defined in ORS 167.365.
' (109) Participation in dogfighting, as defined in ORS
167.370.
' (110) Unauthorized use of a livestock animal, as defined in
ORS 167.385.
' (111) Interference with livestock production, as defined in
ORS 167.388.
' (112) A violation of ORS 167.390.
' (113) A violation of ORS 471.410.
' (114) Failure to report missing precursor substances, as
defined in ORS 475.955.
' (115) Illegally selling drug equipment, as defined in ORS
475.960.
' (116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
' (117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
' (118) A violation of ORS 475.992, if it is a felony or a
Class A misdemeanor.
' (119) A violation of ORS 475.993, if it is a felony or a
Class A misdemeanor.
' (120) A violation of ORS 475.994.
' (121) A violation of ORS 475.995, if it is a felony or a
Class A misdemeanor.
' (122) A violation of ORS 475.999 (1)(a).
' (123) Misuse of an identification card, as defined in ORS
807.430.
' (124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
' (125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
' (126) Using an invalid license, as defined in ORS 807.580.
' (127) Permitting misuse of a license, as defined in ORS
807.590.
' (128) Using another's license, as defined in ORS 807.600.
' (129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
' (130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
' (131) Unlawful distribution of cigarettes, as defined in
{ - section 3 of this 2001 Act - } { + ORS 323.482 + }.
' (132) An attempt, conspiracy or solicitation to commit a
crime in subsections (1) to (131) of this section if the attempt,
conspiracy or solicitation is a felony or a Class A
misdemeanor.'.
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