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 1130
 
                         House Bill 2341
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon District Attorneys Association)
 
 
                             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.
 
  Creates crime of forcible restraint. Punishes by maximum of
five years' imprisonment, $125,000 fine, or both.
 
                        A BILL FOR AN ACT
Relating to forcible restraint of another person.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 163.215 to 163.257. + }
  SECTION 2.  { + (1) A person commits the crime of forcible
restraint if, without consent or legal authority, the person
knowingly confines or restrains another person against the other
person's will. A person is confined or restrained if the person's
freedom to move about or leave a premises or vehicle is
restricted by physical interference, force, threat, intimidation
or deception.
  (2) It is a defense to a prosecution under subsection (1) of
this section if:
  (a) The person confines or restrains a relative under 16 years
of age; and
  (b) The sole purpose of the person is to assume control of the
person confined or restrained.
  (3) Forcible restraint is a Class A misdemeanor.
  (4) Notwithstanding subsection (3) of this section, forcible
restraint is a class C felony if:
  (a) The person who confines or restrains another person causes
or threatens to cause physical injury during the incident;
  (b) The forcible restraint is committed in the immediate
presence of, or is witnessed by, the person's or the victim's
minor child or stepchild or a minor child residing within the
household of the person or victim; or
  (c) The person possesses a weapon during the commission of the
crime. + }
                         ----------