72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 564
 
LC 2398/SB 564-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 564
 
                    By COMMITTEE ON JUDICIARY
 
                            April 23
 
  On page 1 of the printed bill, line 2, after '164.365 ' delete
the rest of the line and insert ', 164.369 and 167.310.'.
  Delete lines 6 through 12.
  In line 13, delete '(2)' and insert '(1)'.
  In line 15, delete '(3)' and insert '(2)'.
  Delete lines 18 through 25 and insert:
  '  { +  SECTION 2. + }  { + ORS 164.369 and section 3 of this
2003 Act are added to and made a part of ORS 167.310 to
167.340. + }
  '  { +  SECTION 3. + }  { + (1) A person commits the crime of
assaulting a law enforcement animal if:
  ' (a) The person knowingly causes serious physical injury to or
the death of a law enforcement animal, knowing that the animal is
a law enforcement animal; and
  ' (b) The injury or death occurs while the law enforcement
animal is being used in the lawful discharge of the animal's
duties.
  ' (2) Assaulting a law enforcement animal is a Class C felony.
  ' (3)(a) Except as otherwise provided in paragraph (b) of this
subsection, the Oregon Criminal Justice Commission shall classify
assaulting a law enforcement animal as crime category 6 of the
sentencing guidelines grid of the commission.
  ' (b) The commission shall classify assaulting a law
enforcement animal as crime category 8 of the sentencing
guidelines grid of the commission if the person causes the injury
or death while resisting arrest or attempting to elude the
officer in control of the law enforcement animal. + } ' .
  On page 2, after line 33, insert:
  '  { +  SECTION 6. + } ORS 167.310 is amended to read:
  ' 167.310. As used in ORS 167.310 to 167.350:
  ' (1) 'Animal' means any nonhuman mammal, bird, reptile,
amphibian or fish.
  ' (2) 'Domestic animal' means an animal, other than livestock,
that is owned or possessed by a person.
  ' (3) 'Good animal husbandry' includes, but is not limited to,
the dehorning of cattle, the docking of horses, sheep or swine,
and the castration or neutering of livestock, according to
accepted practices of veterinary medicine or animal husbandry.
  '  { +  (4) 'Law enforcement animal' means a dog or horse used
in law enforcement work under the control of a corrections
officer, parole or probation officer, police officer or youth
correction officer, as those terms are defined in ORS 181.610,
who has successfully completed at least 360 hours of training in
the care and use of a law enforcement animal, or who has passed
the demonstration of minimum standards established by the Oregon
Police Canine Association or other accredited and recognized
animal handling organization. + }
  '  { - (4) - }  { +  (5) + } 'Livestock' has the meaning
provided in ORS 609.125.
 
  '  { - (5) - }  { +  (6) + } 'Minimum care' means care
sufficient to preserve the health and well-being of an animal
and, except for emergencies or circumstances beyond the
reasonable control of the owner, includes, but is not limited to,
the following requirements:
  ' (a) Food of sufficient quantity and quality to allow for
normal growth or maintenance of body weight.
  ' (b) Open or adequate access to potable water in sufficient
quantity to satisfy the animal's needs. Access to snow or ice is
not adequate access to potable water.
  ' (c) For a domestic animal other than a dog engaged in herding
or protecting livestock, access to a barn, dog house or other
enclosed structure sufficient to protect the animal from wind,
rain, snow or sun and that has adequate bedding to protect
against cold and dampness.
  ' (d) Veterinary care deemed necessary by a reasonably prudent
person to relieve distress from injury, neglect or disease.
  ' (e) For a domestic animal, continuous access to an area:
  ' (A) With adequate space for exercise necessary for the health
of the animal;
  ' (B) With air temperature suitable for the animal; and
  ' (C) Kept reasonably clean and free from excess waste or other
contaminants that could affect the animal's health.
  '  { - (6) - }  { +  (7) + } 'Physical injury' means physical
trauma, impairment of physical condition or substantial pain.
  '  { - (7) - }  { +  (8) + } 'Physical trauma' means fractures,
cuts, punctures, bruises, burns or other wounds.
  '  { - (8) - }  { +  (9) + } 'Possess' has the meaning provided
in ORS 161.015.
  '  { - (9) - }  { +  (10) + } 'Serious physical injury' means
physical injury that creates a substantial risk of death or that
causes protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of a limb or
bodily organ.'.
                         ----------