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 2355
 
                         Senate Bill 642
 
Sponsored by Senators CARTER, GORDLY, Representative SHIELDS;
  Representatives GREENLICK, HOLVEY, KOTEK
 
 
                             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.
 
  Precludes political subdivisions from excluding persons from
geographic zones based on arrest, rather than conviction, for
specified drug offenses.
 
                        A BILL FOR AN ACT
Relating to exclusion zones; amending ORS 430.325.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 430.325 is amended to read:
  430.325. (1) A political subdivision in this state shall not
adopt or enforce any local law or regulation that makes any of
the following an offense, a violation or the subject of criminal
or civil penalties or sanctions of any kind:
  (a) Public intoxication.
  (b) Public drinking, except as to places where any consumption
of alcoholic beverages is generally prohibited.
  (c) Drunk and disorderly conduct.
  (d) Vagrancy or other behavior that includes as one of its
elements either drinking alcoholic beverages or using controlled
substances in public, being an alcoholic or a drug-dependent
person, or being found in specified places under the influence of
alcohol or controlled substances.
  (e) Using or being under the influence of controlled
substances.
   { +  (f) Presence in or on a public right of way, park or
other geographic zone if the prohibition on the person's presence
is based upon an arrest or probable cause to believe the person
has committed an offense described in subsection (2) of this
section.
  (2)(a) If, as a result of the person's conviction for an
offense described in paragraph (c) of this subsection, a person's
presence in or on a public right of way, park or other geographic
zone is prohibited by a local law or regulation, the person may
not be subject to criminal or civil penalties or sanctions of any
kind as a result of the person's presence unless, following the
conviction, the person is provided with written notice of the
prohibition and of the process of initiating an appeal.
  (b) Notwithstanding subsection (1)(f) of this section, a
political subdivision may provide information regarding areas
with high crime rates to a court, supervisory authority or other
 
political subdivision to facilitate geographic restrictions on
persons subject to probation, parole or post-prison supervision.
  (c) The offenses to which subsections (1)(f) and (2)(a) of this
section apply are:
  (A) A violation of ORS 475.840;
  (B) A violation described in ORS 475.846 to 475.894;
  (C) A violation of ORS 475.904, 475.906, 475.908, 475.910 or
475.912; or
  (D) An attempt, conspiracy or solicitation to commit an offense
described in subparagraphs (A) to (C) of this paragraph.
  (3) Nothing in subsection (1) or (2) of this section is
intended to prohibit:
  (a) The enforcement of a local law or regulation pertaining to
condemnation proceedings or nuisance properties; or
  (b) The exclusion of a person from public transportation
vehicles or facilities for a reasonable time following the
person's arrest for a criminal offense occurring on a public
transportation vehicle or facility. + }
    { - (2) - }  { +  (4) + } Nothing in subsection (1) of this
section shall affect any local law or regulation of any political
subdivision in this state against driving while under the
influence of intoxicants, as defined in ORS 813.010, or other
similar offenses that involve the operation of motor vehicles.
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