72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 564
Sponsored by Senator ATKINSON (at the request of Corporal Jeff
Geddings)
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; and amending ORS
164.305, 164.365, 164.369 and 167.310.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.305 is amended to read:
164.305. As used in ORS 164.305 to 164.377, except as the
context requires otherwise:
{ - (1) 'Police animal' means a dog or horse used in police
work under the control of a peace officer as defined in ORS
161.015 who has successfully completed at least 360 hours of
training in the care and use of a police 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. - }
{ - (2) - } { + (1) + } 'Protected property' means any
structure, place or thing customarily occupied by people,
including 'public buildings' as defined by ORS 479.010 and
'forestland,' as defined by ORS 477.001.
{ - (3) - } { + (2) + } 'Property of another' means
property in which anyone other than the actor has a legal or
equitable interest that the actor has no right to defeat or
impair, even though the actor may also have such an interest in
the property.
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. + }
SECTION 4. ORS 164.365 is amended to read:
164.365. (1) A person commits the crime of criminal mischief in
the first degree who, with intent to damage property, and having
no right to do so nor reasonable ground to believe that the
person has such right:
(a) Damages or destroys property of another:
(A) In an amount exceeding $750;
(B) By means of an explosive;
Enrolled Senate Bill 564 (SB 564-B) Page 1
(C) By starting a fire in an institution while the person is
committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility,
telecommunications carrier, railroad, public transportation
facility or medical facility used in direct service to the
public; { + or + }
{ - (F) Which is a police animal and the police animal
suffers death or serious physical injury; or - }
{ - (G) - } { + (F) + } By intentionally interfering with,
obstructing or adulterating in any manner the service of a public
utility, telecommunications carrier, railroad, public
transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the
property of a public utility, telecommunications carrier,
railroad, public transportation facility or medical facility used
in direct service to the public so as to interfere with its
efficiency.
(2) As used in subsection (1) of this section:
(a) 'Institution' includes state and local correctional
facilities, mental health facilities, juvenile detention
facilities and state training schools.
(b) 'Medical facility' means a health care facility as defined
in ORS 442.015, a licensed physician's office or anywhere a
licensed medical practitioner provides health care services.
(c) 'Public utility' has the meaning provided for that term in
ORS 757.005 and includes any cooperative, people's utility
district or other municipal corporation providing an electric,
gas, water or other utility service.
(d) 'Railroad' has the meaning provided for that term in ORS
824.020.
(e) 'Public transportation facility' means any property,
structure or equipment used for or in connection with the
transportation of persons for hire by rail, air or bus, including
any railroad cars, buses or airplanes used to carry out such
transportation.
(f) 'Telecommunications carrier' has the meaning given that
term in ORS 133.721.
(3) Criminal mischief in the first degree is a Class C felony.
SECTION 5. ORS 164.369 is amended to read:
164.369. (1) A person commits the crime of interfering with a
{ - police - } { + law enforcement + } animal if the person
intentionally or knowingly injures or attempts to injure an
animal the person knows or reasonably should know is a
{ - police - } { + law enforcement + } animal while the
{ - police - } { + law enforcement + } animal is being used in
the lawful discharge of its duty.
(2) Interfering with a { - police - } { + law
enforcement + } animal is a Class A misdemeanor.
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.
Enrolled Senate Bill 564 (SB 564-B) Page 2
{ + (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.
----------
Enrolled Senate Bill 564 (SB 564-B) Page 3
Passed by Senate April 29, 2003
Repassed by Senate June 17, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 13, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 564 (SB 564-B) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 564 (SB 564-B) Page 5