74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3535
 
                         House Bill 2020
 
Sponsored by Representative ROSENBAUM; Representatives C EDWARDS,
  D EDWARDS, GALIZIO, HUNT, ROBLAN
 
 
                             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.
 
  Expands crimes of coercion and theft by extortion to include
threatening to report person's immigration status.
 
                        A BILL FOR AN ACT
Relating to criminal compulsion; amending ORS 163.275 and
  164.075.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 164.075 is amended to read:
  164.075. (1) A person commits theft by extortion when the
person compels or induces another to deliver property to the
person or to a third person by instilling in the other a fear
that, if the property is not so delivered, the actor or a third
person will in the future:
  (a) Cause physical injury to some person;   { - or - }
  (b) Cause damage to property;   { - or - }
  (c) Engage in other conduct constituting a crime;   { - or - }
  (d) Accuse some person of a crime or cause criminal charges to
be instituted against the person;   { - or - }
  (e) Expose a secret or publicize an asserted fact, whether true
or false, tending to subject some person to hatred, contempt or
ridicule;   { - or - }
  (f) Cause or continue a strike, boycott or other collective
action injurious to some person's business  { - ; - }  { + , + }
except that such conduct   { - shall not be - }  { +  is not + }
considered extortion when the property is demanded or received
for the benefit of the group in whose interest the actor purports
to act;   { - or - }
  (g) Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
 { - or - }
  (h) Use or abuse the position as a public servant by performing
some act within or related to official duties, or by failing or
refusing to perform an official duty, in such manner as to affect
some person adversely;   { - or - }
   { +  (i) Notify law enforcement of the person's immigration
status; or + }
    { - (i) - }  { +  (j) + } Inflict any other harm that would
not benefit the actor.
  (2) Theft by extortion is a Class B felony.
  SECTION 2. ORS 163.275 is amended to read:
  163.275. (1) A person commits the crime of coercion when the
person compels or induces another person to engage in conduct
from which the other person has a legal right to abstain, or to
abstain from engaging in conduct in which the other person has a
legal right to engage, by means of instilling in the other person
a fear that, if the other person refrains from the conduct
compelled or induced or engages in conduct contrary to the
compulsion or inducement, the actor or another will:
  (a) Unlawfully cause physical injury to some person;
 { - or - }
  (b) Unlawfully cause damage to property;   { - or - }
  (c) Engage in conduct constituting a crime;   { - or - }
  (d) Falsely accuse some person of a crime or cause criminal
charges to be instituted against the person;   { - or - }
  (e) Cause or continue a strike, boycott or other collective
action injurious to some person's business, except that such a
threat   { - shall not be - }  { +  is not + } deemed coercive
when the act or omission compelled is for the benefit of the
group in whose interest the actor purports to act;   { - or - }
  (f) Testify falsely or provide false information or withhold
testimony or information with respect to another's legal claim or
defense;   { - or - }
  (g) Unlawfully use or abuse the person's position as a public
servant by performing some act within or related to official
duties, or by failing or refusing to perform an official duty, in
such manner as to affect some person adversely  { - . - }  { + ;
or + }
   { +  (h) Notify law enforcement of the person's immigration
status. + }
  (2) Coercion is a Class C felony.
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