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 1554
House Bill 2722
Sponsored by Representative WITT; Representatives CLEM, DALLUM,
FLORES, HANNA, KRUMMEL, OLSON, G SMITH, THATCHER, Senator
JOHNSON
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.
Increases maximum standard penalty for first degree animal
abuse to five years' imprisonment, $125,000 fine, or both.
Increases maximum enhanced penalty for first degree animal abuse
to 10 years' imprisonment, $250,000 fine, or both. Expands list
of predicate offenses permitting imposition of enhanced penalty.
Decreases number of predicate offenses required before imposition
of enhanced penalty.
Increases maximum penalty for aggravated animal abuse to 10
years' imprisonment, $250,000 fine, or both.
Increases maximum penalty for second degree animal neglect to
one year's imprisonment, $6,250 fine, or both. Allows enhanced
penalty for second degree animal neglect for person committing
animal neglect after committing certain predicate offenses.
Establishes maximum enhanced penalty of five years' imprisonment,
$125,000 fine, or both.
Increases maximum penalty for first degree animal neglect to
five years' imprisonment, $125,000 fine, or both. Allows enhanced
penalty for first degree animal neglect for person committing
animal neglect after committing certain predicate offenses.
Establishes maximum enhanced penalty of 10 years' imprisonment,
$250,000 fine, or both.
A BILL FOR AN ACT
Relating to crimes involving animals; creating new provisions;
and amending ORS 167.320, 167.322, 167.325, 167.330 and
167.332.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 167.320 is amended to read:
167.320. (1) A person commits the crime of animal abuse in the
first degree if, except as otherwise authorized by law, the
person intentionally, knowingly or recklessly:
(a) Causes serious physical injury to an animal; or
(b) Cruelly causes the death of an animal.
(2) Any practice of good animal husbandry is not a violation of
this section.
(3) Animal abuse in the first degree is a Class { - A
misdemeanor - } { + C felony + }.
(4) Notwithstanding subsection (3) of this section, animal
abuse in the first degree is a Class { - C - } { + B + }
felony if:
(a) The person committing the animal abuse has previously
{ - been - } { + committed an act that resulted in the person
being + } convicted of { - two - } { + one + } or more of the
following offenses:
(A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or
163.187 or the equivalent laws of another jurisdiction, if the
offense involved domestic violence as defined in ORS 135.230 or
the offense was committed against a minor child; or
(B) Any offense under this section or ORS { + 167.315,
+ }167.322, { + 167.325, 167.330, 167.333, 167.337, 167.339,
167.340, 167.355, 167.365, 167.370, 167.372, 167.428, 167.431 or
167.439, + } or the equivalent laws of another jurisdiction; or
(b) The person knowingly commits the animal abuse in the
immediate presence of a minor child. For purposes of this
paragraph, a minor child is in the immediate presence of animal
abuse if the abuse is seen or directly perceived in any other
manner by the minor child.
SECTION 2. ORS 167.322 is amended to read:
167.322. (1) A person commits the crime of aggravated animal
abuse in the first degree if the person:
(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an animal.
(2) Aggravated animal abuse in the first degree is a Class
{ - C - } { + B + } felony.
(3) As used in this section:
(a) 'Maliciously' means intentionally acting with a depravity
of mind and reckless and wanton disregard of life.
(b) 'Torture' means an action taken for the primary purpose of
inflicting pain.
SECTION 3. ORS 167.325 is amended to read:
167.325. (1) A person commits the crime of animal neglect in
the second degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence fails to provide minimum care for an animal in such
person's custody or control.
(2) Animal neglect in the second degree is a Class { - B - }
{ + A + } misdemeanor.
{ + (3) Notwithstanding subsection (2) of this section,
animal neglect in the second degree is a Class C felony if the
person committing the animal neglect has previously committed an
act that resulted in the person being convicted of any offense
under this section or ORS 167.315, 167.320, 167.322, 167.330,
167.333, 167.337, 167.339, 167.340, 167.355, 167.365, 167.370,
167.372, 167.428, 167.431 or 167.439, or the equivalent laws of
another jurisdiction. + }
SECTION 4. ORS 167.330 is amended to read:
167.330. (1) A person commits the crime of animal neglect in
the first degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence fails to provide minimum care for an animal in the
person's custody or control and the failure to provide care
results in serious physical injury or death to the animal.
(2) Animal neglect in the first degree is a Class { - A
misdemeanor - } { + C felony + }.
{ + (3) Notwithstanding subsection (2) of this section,
animal neglect in the first degree is a Class B felony if the
person committing the animal neglect has previously committed an
act that resulted in the person being convicted of any offense
under this section or ORS 167.315, 167.320, 167.322, 167.325,
167.333, 167.337, 167.339, 167.340, 167.355, 167.365, 167.370,
167.372, 167.428, 167.431 or 167.439, or the equivalent laws of
another jurisdiction. + }
SECTION 5. ORS 167.332 is amended to read:
167.332. (1) In addition to any other penalty imposed by law, a
person convicted of violating ORS 167.315, 167.325, 167.330 or
167.340 or of a { - misdemeanor - } { + Class C felony + }
under ORS 167.320 { - , - } may not possess a domestic animal
for a period of five years following entry of the conviction.
{ - An offense under this subsection is - } { + A person who
violates this subsection commits + } an unclassified misdemeanor
punishable by a fine not exceeding $1,000 and forfeiture of the
animal as provided in ORS 167.350.
(2) In addition to any other penalty imposed by law, a person
convicted of violating ORS 167.322 or of a { + Class B + }
felony under ORS 167.320 { - , - } may not possess a domestic
animal for a period of 15 years following entry of the
conviction. { - An offense under this subsection is - } { + A
person who violates this subsection commits + } an unclassified
misdemeanor punishable by a fine not exceeding $5,000 and
forfeiture of the animal as provided under ORS 167.350.
SECTION 6. { + The disqualification periods established by ORS
167.332 as amended by section 5 of this 2007 Act for persons
convicted under ORS 167.320 apply to persons whose conviction
under ORS 167.320 results from an act committed on or after the
effective date of this 2007 Act. Persons convicted under ORS
167.320 for an act committed before the effective date of this
2007 Act remain subject to the disqualification periods
established by ORS 167.332 as set forth in the 2005 Edition of
Oregon Revised Statutes. + }
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