73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2672
 
                         Senate Bill 664
 
Sponsored by Senator WALKER
 
 
                             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.
 
  Directs Legislative Administrator to install, operate and
maintain metal detectors at public entrances to State Capitol.
  Prohibits person other than peace officer or federal officer
from possessing firearm in State Capitol. Punishes by maximum of
five years' imprisonment, $125,000 fine, or both.
  Provides that person who possesses weapon other than firearm in
State Capitol may be required to surrender weapon or remove
weapon from capitol. Punishes failure to do so by maximum of five
years' imprisonment, $125,000 fine, or both.
  Authorizes Legislative Administration Committee to take certain
actions regarding possession of weapons in State Capitol.
 
                        A BILL FOR AN ACT
Relating to the State Capitol; creating new provisions; and
  amending ORS 166.173, 166.360, 173.720, 419C.080, 419C.100,
  419C.103, 419C.109, 419C.570 and 809.260.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 173.720 is amended to read:
  173.720. (1) Pursuant to the policies and directions of the
Legislative Administration Committee, the Legislative
Administrator shall:
  (a) Coordinate administrative operations of the Legislative
Assembly in order to ensure efficient work flow.
  (b) Develop standard formats for legislative manuals and
interim committee reports.
  (c) Review legislative organization, rules and procedure in
cooperation with the Legislative Counsel with the intent of
modernizing legislative operations.
  (d) Conduct a continuing study of possible applications of
technological changes and improvements, such as data processing
and electronic equipment, to improve legislative procedures, and
when considered advisable, make recommendations to adopt such
applications.
  (e) Arrange for and coordinate orientation conferences for
members of the Legislative Assembly that shall include, but need
not be limited to, education about recycling programs available
in the State Capitol.
  (f) Study and make recommendations on legislative compensation
and working conditions.
  (g) Control all space and facilities within the State Capitol
and such other space as is assigned to the Legislative Assembly.
  (h) Direct renovation and repair of the State Capitol,
renovation, repair and replacement of State Capitol fixtures and
facilities, and artistic and other aesthetic improvements to the
State Capitol and adjacent areas.
  (i) Exercise continuing supervision, coordination and support
of clerical and administrative services to legislative interim
committees, including consideration of adequacy of staff and
administrative services for such committees.
  (j) Perform administrative service functions for the
Legislative Assembly, including but not limited to accounting,
data processing, personnel administration, printing, supply,
space allocation and property management.
  (k) Provide research facilities and services to members of the
Legislative Assembly and committees thereof.
  (L) Arrange for the printing and distribution of legislative
manuals and interim committee reports.
  (m) Establish fee schedules for legislative measures,
calendars, indexes and digests.
  (n) Coordinate the use of legislative supplies, materials,
equipment and other property by legislative interim committees
and by standing committees of the Legislative Assembly.
   { +  (o) Install, operate and maintain metal detectors at all
public entrances to the State Capitol.
  (p) Determine which entrances to the State Capitol are public
entrances. + }
  (2) Pursuant to the policies and directions of the Legislative
Administration Committee, the Legislative Administrator may enter
into contracts to carry out the functions of the Legislative
Administrator.
  SECTION 2. ORS 166.360 is amended to read:
  166.360. As used in ORS 166.360 to 166.380, unless the context
requires otherwise:
  (1) 'Capitol  { + mall + } building' means   { - the
Capitol, - }  the State Office Building, the State Library
Building, the Labor and Industries Building, the State
Transportation Building, the Agriculture Building or the Public
Service Building and includes any new buildings which may be
constructed on the same grounds as an addition to the group of
buildings listed in this subsection.
  (2) 'Court facility' means a courthouse or that portion of any
other building occupied by a circuit court, the Court of Appeals,
the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
  (3) 'Loaded firearm' means:
  (a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
  (b) A muzzle-loading firearm which is capped or primed and has
a powder charge and ball, shot or projectile in the barrel or
cylinder.
  (4) 'Public building' means a hospital, a capitol  { + mall + }
building, a public or private school, as defined in ORS 339.315,
a college or university, a city hall or the residence of any
state official elected by the state at large, and the grounds
adjacent to each such building. The term also includes that
portion of any other building occupied by an agency of the state
or a municipal corporation, as defined in ORS 297.405, other than
a court facility.
  (5) 'Weapon' means:
  (a) A firearm;
  (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
  (c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
  (d) An electrical stun gun or any similar instrument;
  (e) A tear gas weapon as defined in ORS 163.211;
  (f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
  (g) A dangerous or deadly weapon as those terms are defined in
ORS 161.015.
  SECTION 3.  { + Section 4 of this 2005 Act is added to and made
a part of ORS 166.360 to 166.380. + }
  SECTION 4.  { + (1)(a) Except as otherwise provided in
paragraph (b) of this subsection, a person who intentionally
possesses:
  (A) A firearm in the State Capitol is guilty of a Class C
felony. A person who intentionally possesses a firearm in the
State Capitol shall surrender the firearm to a person designated
by the Legislative Administration Committee.
  (B) A weapon, other than a firearm, in the State Capitol may be
required to surrender the weapon to a person designated by the
Legislative Administration Committee or to immediately remove the
weapon from the State Capitol. A person who fails to comply with
this subparagraph is guilty of a Class C felony.
  (b) The Legislative Administration Committee may adopt rules
permitting the possession of specified weapons in the State
Capitol.
  (2) Notwithstanding subsection (1) of this section, and except
as provided in subsection (3) of this section, a peace officer,
as defined in ORS 161.015, or a federal officer, as defined in
ORS 133.005, may possess a weapon in the State Capitol if the
officer:
  (a) Is acting in an official capacity and is officially on
duty;
  (b) Is carrying a weapon that the employing agency of the
officer has authorized the officer to carry; and
  (c) Is in compliance with any security procedures established
under subsection (4) of this section.
  (3) The Legislative Administration Committee may prohibit a
peace officer or a federal officer from possessing a weapon in a
specific room of the State Capitol. A notice of a prohibition
under this subsection must be posted outside the entrances to the
room.
  (4) The Legislative Administration Committee may establish
procedures regulating the possession of a weapon:
  (a) In the State Capitol by a peace officer or a federal
officer. Notice of procedures established under this paragraph
must be posted at all entrances to the State Capitol.
  (b) In a specific room of the State Capitol by a peace officer
or a federal officer. Notice of procedures established under this
paragraph must be posted outside the entrances to the specific
room. + }
  SECTION 5. ORS 166.173 is amended to read:
  166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
  (2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
  (a) A law enforcement officer in the performance of official
duty.
  (b) A member of the military in the performance of official
duty.
  (c) A person licensed to carry a concealed handgun.
  (d) A person authorized to possess a loaded firearm while in or
on a public building or court facility under ORS 166.370 { +  or
the State Capitol under section 4 of this 2005 Act + }.
  SECTION 6. ORS 419C.080 is amended to read:
  419C.080. (1) A peace officer, or any other person authorized
by the juvenile court of the county in which the youth is found,
may take a youth into custody in the following circumstances:
  (a) When, if the youth were an adult, the youth could be
arrested without a warrant; or
  (b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419C.306 or otherwise, has ordered that the
youth be taken into custody.
  (2) In any order issued under subsection (1)(b) of this section
that may result in a substitute care placement or detention, the
court shall include a written finding describing why it is in the
best interests of the youth to be taken into custody.
  (3) A peace officer or person authorized by the juvenile court
shall take a youth into custody if the peace officer or person
authorized by the juvenile court has probable cause to believe
that the youth, while in or on a public building or court
facility  { + or the State Capitol + } within the last 120 days,
possessed a firearm or destructive device in violation of ORS
166.250, 166.370 or 166.382 { +  or section 4 of this 2005
Act + }.
  SECTION 7. ORS 419C.100 is amended to read:
  419C.100. The person taking the youth into custody under ORS
419C.080 and 419C.088 shall release the youth to the custody of
the youth's parent, guardian or other responsible person in this
state, except in the following cases:
  (1) When the court has issued a warrant of arrest against the
youth.
  (2) When the person taking the youth into custody has probable
cause to believe that the welfare of the youth or others may be
endangered by the release of the youth.
  (3) When the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public building
or court facility  { + or the State Capitol + } within the last
120 days, possessed a firearm or destructive device in violation
of ORS 166.250, 166.370 or 166.382 { +  or section 4 of this 2005
Act + }.
  SECTION 8. ORS 419C.103 is amended to read:
  419C.103. (1) Except as otherwise provided in subsection (2) of
this section, if a youth taken into custody is not released as
provided in ORS 419C.100 and the juvenile court for the county
has not established the alternative procedure authorized in
subsection (5) of this section, the person taking the youth into
custody shall, without unnecessary delay, do one of the
following:
  (a) Take the youth before the court or a person appointed by
the court to effect disposition under ORS 419C.109 and 419C.136.
  (b) Take the youth to a place of detention or shelter care or a
public or private agency designated by the court and as soon as
possible thereafter notify the court that the youth has been
taken into custody.
  (2) If the person taking the youth into custody has probable
cause to believe that the youth, while in or on a public building
or court facility  { + or the State Capitol + } within the last
120 days, possessed a firearm or destructive device in violation
of ORS 166.250, 166.370 or 166.382 { +  or section 4 of this 2005
Act + }, the person may not release the youth from custody and
shall do one of the following without unnecessary delay:
  (a) Take the youth before the court for a determination of
initial disposition under ORS 419C.109 (3); or
  (b) Notwithstanding ORS 419C.133, take the youth to a place of
detention and, as soon as possible thereafter, notify the court
and the juvenile department that the youth has been taken into
custody and detained.
  (3) Where a youth residing in some other county is taken into
custody the youth may be:
 
  (a) Released to the youth's parent, guardian or other
responsible person in this state as provided in ORS 419C.100.
  (b) Delivered to a peace officer or juvenile counselor in the
county in which the youth resides, if such delivery can be made
without unnecessary delay. In such event, the person to whom the
youth is delivered shall assume custody of the youth and shall
proceed as provided in this chapter.
  (4) Where a youth is released or delivered as provided in
subsection (3) of this section, the jurisdiction of the juvenile
court of the county in which the youth resides shall attach from
the time the youth is taken into custody.
  (5) The juvenile court may establish, as an alternative to the
provisions of subsection (1) of this section, that if a youth
taken into custody is not released as provided in ORS 419C.100,
procedures shall be followed that comply with the following:
  (a) The person taking the youth into custody may communicate,
by telecommunications or otherwise, with the person appointed by
the court to effect disposition under ORS 419C.109.
  (b) After interviewing the person taking the youth into custody
and obtaining such other information as is considered necessary,
the person appointed by the court under ORS 419C.109 to effect
disposition may exercise the authority granted under that section
and shall, in such case, direct that the person taking the youth
into custody release the youth or deliver the youth in accordance
with such direction.
  (c) The person taking the youth into custody shall comply with
the direction of the person appointed by the court to effect
disposition.
  SECTION 9. ORS 419C.109 is amended to read:
  419C.109. (1) Except as otherwise provided in subsection (3) of
this section, the court may designate a person to effect
disposition of a youth taken into custody or brought before the
court under ORS 419C.097, 419C.100, 419C.103 and 419C.106. If the
requirements of ORS 419C.145 (3) are met, the person may do any
of the following when the person has taken custody of a youth or
has authority to effect disposition of a youth taken into
custody:
  (a) Release the youth to the custody of a parent, guardian or
other responsible person.
  (b) Release the youth on the youth's own recognizance when
appropriate.
  (c) Upon a finding that release of the youth on the youth's own
recognizance is unwarranted, or upon order of the court or if
probable cause exists to believe the youth may be detained under
ORS 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453,
place the youth on conditional release.
  (d) Subject to ORS 419A.059, 419A.061, 419C.130 and 419C.133,
place the youth in shelter care or detention. The youth shall be
placed in shelter care rather than detention, unless the person
has probable cause to believe that the court will be able to
detain the youth under ORS 419C.145, 419C.150, 419C.153,
419C.156, 419C.159 or 419C.453.
  (e) Pursuant to order of the court made subsequent to the
filing of a petition, hold, retain or place the youth in
detention or shelter care subject to further order.
  (f) Exercise authority to detain the youth as provided in ORS
419C.136.
  (2) If the youth is released under subsection (1) of this
section, the person releasing the youth may issue a summons to
the youth requiring the youth to appear before the court. The
summons must include the date, time and location for the youth to
appear before the court. The person releasing the youth shall
inform the juvenile court, which may review the release as
provided in ORS 419C.153. If the youth fails to appear on the
date and time required by the summons, the court may issue a
warrant for the arrest of the youth.
  (3)(a) When a youth is retained in custody under ORS 419C.100
(3) and 419C.103 (2) and a petition is filed under ORS 419C.005
alleging that the youth, while in or on a public building or
court facility  { + or the State Capitol + } within the last 120
days, possessed a firearm or destructive device in violation of
ORS 166.250, 166.370 or 166.382 { +  or section 4 of this 2005
Act + }, the court shall determine the youth's initial
disposition at a hearing conducted pursuant to ORS 419C.145. The
parties to the hearing are the youth, the juvenile department and
the state, represented by the district attorney.
  (b) The court shall inform the youth:
  (A) Of the youth's rights, including the right to be
represented by counsel and the right to remain silent; and
  (B) Of the allegations against the youth.
  (c) The court shall make a determination under ORS 419C.145
whether the youth should remain in detention pending adjudication
on the merits. The court may order that the hearing be continued
and that the youth remain in detention for a reasonable period of
time not to exceed seven days if the court finds:
  (A) That additional information concerning the youth is
necessary to aid the court in making the determination under ORS
419C.145; and
  (B) There is probable cause to believe that the youth, while in
or on a public building or court facility  { + or the State
Capitol + } within the last 120 days, possessed a firearm or
destructive device in violation of ORS 166.250, 166.370 or
166.382 { +  or section 4 of this 2005 Act + }.
  (d) If the court orders that the hearing be continued and that
the youth remain in detention under paragraph (c) of this
subsection, in addition to and not in lieu of any other order the
court may make, the court may order a mental health assessment or
screening of the youth.
  (e) If the court determines that the youth should not be
detained pending adjudication on the merits, the court may order
any other preadjudication disposition authorized.
  SECTION 10. ORS 419C.570 is amended to read:
  419C.570. (1)(a) A parent or legal guardian of a youth
offender, if the parent or guardian was served with summons under
ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or
at least 10 days prior to disposition, is subject to the
jurisdiction of the court for purposes of this section. The court
may:
  (A) Order the parent or guardian to assist the court in any
reasonable manner in providing appropriate education or
counseling for the youth offender;
  (B) If the youth offender is within the jurisdiction of the
court for having committed an act that if committed by an adult
would constitute a violation of ORS 166.250, 166.370 or
166.382 { +  or section 4 of this 2005 Act + }, require the
parent or guardian to pay or cause to be paid all or part of the
reasonable costs of any mental health assessment or screening
ordered by the court under ORS 419C.109 (3);
  (C) If the court orders probation, require the parent or
guardian to enter into a contract with the juvenile department in
regard to the supervision and implementation of the youth
offender's probation; or
  (D) If the court orders probation, require the parent or
guardian to pay all or a portion of the supervision fee if a
supervision fee is imposed under ORS 419C.446 (2).
  (b) In all cases in which a youth offender is placed on
probation, the juvenile department and the parent or guardian
shall develop a plan for supervision of the youth offender. The
plan must be reasonably calculated to provide the supervision
necessary to prevent further acts of delinquency given the
individual circumstances of the youth offender. The court shall
 
review and ratify the plan and make the plan a part of the
probation order.
  (2) The court may require the parent or guardian to pay a
specific sum not to exceed $1,000 for a violation by the parent
or guardian of the court's order or the contract under subsection
(1)(a) of this section.
  (3) The court may not revoke a youth offender's probation
solely because of a failure of the youth offender's parent or
guardian to comply with an order or a contract under subsection
(1)(a) of this section.
  SECTION 11. ORS 809.260 is amended to read:
  809.260. (1) Whenever a person who is 17 years of age or
younger, but not younger than 13 years of age, is convicted of
any offense described in this subsection or determined by a
juvenile court to have committed one of the described offenses,
the court in which the person is convicted shall prepare and send
to the Department of Transportation, within 24 hours of the
conviction or determination, an order of denial of driving
privileges for the person so convicted. This section applies to
ORS 166.370 { +  and section 4 of this 2005 Act + } and to any
offense involving the delivery, manufacture or possession of
controlled substances or the possession, use or abuse of alcohol.
  (2) If a court has issued an order of denial of driving
privileges under this section, the court, upon petition of the
person, may review the order and may withdraw the order at any
time the court deems appropriate except as provided in the
following:
  (a) A court may not withdraw an order for a period of 90 days
following the issuance of the order if it is the first such order
issued with respect to the person.
  (b) A court may not withdraw an order for a period of one year
following the issuance of the order if it is the second or
subsequent such order issued with respect to the person.
  (c) Notwithstanding paragraph (a) of this subsection, a court
may not withdraw an order for a period of six months if the order
is based on a determination or conviction involving controlled
substances.
  (3) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
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