74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2142
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to criminal forfeiture; amending ORS 131.602 and
323.632.
Be It Enacted by the People of the State of Oregon:
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. + }
Enrolled House Bill 2142 (HB 2142-INTRO) Page 1
{ - (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.
Enrolled House Bill 2142 (HB 2142-INTRO) Page 2
(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.
Enrolled House Bill 2142 (HB 2142-INTRO) Page 3
(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.
Enrolled House Bill 2142 (HB 2142-INTRO) Page 4
(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.
----------
Enrolled House Bill 2142 (HB 2142-INTRO) Page 5
Passed by House February 13, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 26, 2007
...........................................................
President of Senate
Enrolled House Bill 2142 (HB 2142-INTRO) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2142 (HB 2142-INTRO) Page 7