Chapter 40
AN ACT
HB 2142
Relating to criminal forfeiture; amending ORS
131.602 and 323.632.
Be It Enacted by the People of
the State of
SECTION 1. ORS 323.632 is amended to read:
323.632. (1) A person
commits the crime of unlawful distribution of tobacco products if the person
knowingly sells or distributes, possesses or transports for sale or
distribution or imports for sale or distribution tobacco products that do not
comply with ORS 323.500 to 323.645.
(2) The offense of
unlawful distribution of tobacco products is classified as follows:
(a) If the amount of
tobacco products tax avoided in committing the offense over a 90-day period
totals less than $1,000, the offense is a Class A misdemeanor.
(b) If the amount of
tobacco products tax avoided in committing the offense over a 90-day period
totals $1,000 or more, but less than $5,000, the offense is a Class C felony
classified as crime category 3 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission.
(c) If the amount of
tobacco products tax avoided in committing the offense over a 90-day period
totals $5,000 or more, but less than $10,000, the offense is a Class C felony
classified as crime category 5 of the sentencing guidelines grid of the Oregon Criminal
Justice Commission.
(d) If the amount of
tobacco products tax avoided in committing the offense over a 90-day period totals $10,000 or more, the offense is a Class B
felony classified as crime category 7 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission.
(3) Tobacco products
sold, distributed, possessed, transported or imported in violation of
subsection (1) of this section are contraband and subject to seizure and
forfeiture. If seized and forfeited under this subsection, the tobacco products
shall be destroyed.
(4) In addition to any
other sentence the court may impose upon a conviction under this section, the
court may order the forfeiture of the instrumentalities used in violating this
section and the proceeds resulting from a violation of this section.
[(3)] (5) As used in this section, “tobacco products tax”
means the amount of tax due under ORS 323.500 to 323.645, if the tax were
timely paid upon first distribution of the tobacco products in this state.
SECTION 2. ORS 131.602 is amended to read:
131.602. The crimes to
which ORS 131.550 (11)(b) 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 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 payment 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 firearm, as defined in ORS
166.416.
(80) Improperly
transferring a firearm, 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
475.912.
(118)
A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.
(119)
A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.
(120)
A violation of ORS 475.916.
(121)
A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.
(122)
A violation of ORS 475.904 (2).
(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 ORS 323.482.
(132)
Unlawful distribution of tobacco products, as defined in ORS 323.632.
[(132)] (133) A violation of ORS
180.440 (2).
[(133)] (134) A violation
described in ORS 475.846 to 475.894, if it is a felony.
[(134)] (135) An attempt, conspiracy
or solicitation to commit a crime in subsections (1) to [(133)] (134) of this section if the attempt, conspiracy or
solicitation is a felony or a Class A misdemeanor.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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