Chapter 684 Oregon Laws 2007
AN ACT
HB 3379
Relating to criminal possession of property; creating new provisions;
and amending ORS 161.005 and 161.067.
Be It Enacted by the People of
the State of Oregon:
SECTION 1. (1)
A person commits the offense of criminal possession of a rented or leased motor
vehicle if:
(a) After renting a
motor vehicle from a commercial renter of motor vehicles under a written
agreement that provides for the return of the motor vehicle to a particular
place at a particular time, the person fails to return the motor vehicle as
specified, is thereafter served in accordance with subsection (2) of this
section with a written demand to return the motor vehicle and knowingly fails
to return the motor vehicle within three calendar days from the date of the
receipt or refusal of the demand; or
(b) After leasing a
motor vehicle from a commercial lessor of motor vehicles under a written
agreement that provides for periodic lease payments, the person fails to pay
the lessor a periodic payment when due for a period of 45 days, is thereafter
served with a written demand to return the motor vehicle in accordance with
subsection (2) of this section and knowingly fails to return the motor vehicle
within three calendar days from the date of the receipt or refusal of the
demand.
(2)(a) Service of
written demand under this section shall be accomplished by delivery through any
commercial overnight service that can supply a delivery receipt. The demand
shall be sent to the person who obtained the motor vehicle by rental or lease
at the address stated in the rental or lease agreement and any other address of
the person provided by the person to the renter or lessor. The person is
responsible for providing correct current address information to the renter or
lessor until the motor vehicle is returned.
(b) The person shall be
considered to have refused the written demand if the commercial delivery
service determines that the demand is not deliverable to the person at the
address or addresses provided by the person.
(3) A bona fide contract
dispute with the lessor or renter shall be an affirmative defense to a charge
of criminal possession of a rented or leased motor vehicle.
(4) Criminal possession
of a rented or leased motor vehicle is a Class C felony.
SECTION 2.
ORS 161.005 is amended to read:
161.005. ORS 161.005 to
161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to
161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685,
161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to
162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115,
163.125 to 163.145, 163.160 to 163.208, 163.215 to 163.257, 163.275, 163.285,
163.305 to 163.467, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415,
164.805, 164.877, 165.002 to 165.109, 165.805, 166.005 to 166.095, 166.350,
166.382, 166.384, 166.660, 167.002 to 167.027, 167.060 to 167.100, 167.117,
167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810
and 167.820[,] and section 1 of
this 2007 Act shall be known and may be cited as Oregon Criminal Code of
1971.
SECTION 3.
ORS 161.067 is amended to read:
161.067. (1) When the
same conduct or criminal episode violates two or more statutory provisions and
each provision requires proof of an element that the others do not, there are
as many separately punishable offenses as there are separate statutory
violations.
(2) When the same
conduct or criminal episode, though violating only one statutory provision
involves two or more victims, there are as many separately punishable offenses
as there are victims. However, two or more persons owning joint interests in
real or personal property shall be considered a single victim for purposes of
determining the number of separately punishable offenses if the property is the
subject of one of the following crimes:
(a) Theft as defined in
ORS 164.015.
(b) Unauthorized use of
a vehicle as defined in ORS 164.135.
(c) Criminal possession
of rented or leased personal property as defined in ORS 164.140.
(d) Criminal
possession of a rented or leased motor vehicle as defined in section 1 of this
2007 Act.
[(d)] (e) Burglary as defined in ORS 164.215 or 164.225.
[(e)] (f) Criminal trespass as defined in ORS 164.243,
164.245, 164.255, 164.265 or 164.278.
[(f)] (g) Arson and related offenses as defined in ORS
164.315, 164.325 or 164.335.
[(g)] (h) Forgery and related offenses as defined in ORS
165.002 to 165.070.
(3) When the same
conduct or criminal episode violates only one statutory provision and involves
only one victim, but nevertheless involves repeated violations of the same
statutory provision against the same victim, there are as many separately
punishable offenses as there are violations, except that each violation, to be
separately punishable under this subsection, must be separated from other such
violations by a sufficient pause in the defendant’s criminal conduct to afford
the defendant an opportunity to renounce the criminal intent. Each method of
engaging in deviate sexual intercourse as defined in ORS 163.305, and each
method of engaging in unlawful sexual penetration as defined in ORS 163.408 and
163.411 shall constitute separate violations of their respective statutory
provisions for purposes of determining the number of statutory violations.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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