75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2323
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 Criminal Defense Lawyers Association)
CHAPTER ................
AN ACT
Relating to property offenses; creating new provisions; and
amending ORS 164.043, 164.045, 164.055, 164.125, 164.354,
164.365 and 165.055.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.043 is amended to read:
164.043. (1) A person commits the crime of theft in the third
degree if { - , by means other than extortion, the person - } :
(a) { + By means other than extortion, the person + }commits
theft as defined in ORS 164.015; and
(b) The total value of the property in a single or an aggregate
transaction is { + less than $100 + } { - under $50 - } .
(2) Theft in the third degree is a Class C misdemeanor.
SECTION 2. ORS 164.045 is amended to read:
164.045. (1) A person commits the crime of theft in the second
degree if { - , by other than extortion, the person - } :
(a) { + By means other than extortion, the person + } commits
theft as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate
transaction is { - $50 - } { + $100 + } or more { + and less
than $1,000 + } { - but is under $200 in a case of theft by
receiving and under $750 in any other case - } .
(2) Theft in the second degree is a Class A misdemeanor.
SECTION 3. ORS 164.055 is amended to read:
164.055. (1) A person commits the crime of theft in the first
degree if, by { + means + } other than extortion, the person
commits theft as defined in ORS 164.015 and:
(a) The total value of the property in a single or aggregate
transaction is { - $200 or more in a case of theft by
receiving, and $750 or more in any other case - } { + $1,000 or
more + };
(b) The theft is committed during a riot, fire, explosion,
catastrophe or other emergency in an area affected by the riot,
fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying,
selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion
animal or a wild animal removed from habitat or born of a wild
animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
Enrolled House Bill 2323 (HB 2323-INTRO) Page 1
(2) As used in this section:
(a) 'Companion animal' means a dog or cat possessed by a
person, business or other entity for purposes of companionship,
security, hunting, herding or providing assistance in relation to
a physical disability.
(b) 'Explosive' means a chemical compound, mixture or device
that is commonly used or intended for the purpose of producing a
chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite,
blasting powder, nitroglycerin, blasting caps and nitrojelly, but
excluding fireworks as defined in ORS 480.110 (1), black powder,
smokeless powder, small arms ammunition and small arms ammunition
primers.
(c) 'Firearm' means a weapon, by whatever name known, which is
designed to expel a projectile by the action of black powder or
smokeless powder and which is readily capable of use as a weapon.
(d) 'Livestock animal' means a ratite, psittacine, horse,
gelding, mare, { + filly, + } stallion, colt, mule, ass, jenny,
bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) 'Precursor substance' has the meaning given that term in
ORS 475.940.
(3) Theft in the first degree is a Class C felony.
SECTION 4. ORS 164.125 is amended to read:
164.125. (1) A person commits the crime of theft of services
if:
(a) With intent to avoid payment therefor, the person obtains
services that are available only for compensation, by force,
threat, deception or other means to avoid payment for the
services; or
(b) Having control over the disposition of labor or of
business, commercial or industrial equipment or facilities of
another, the person uses or diverts to the use of the person or a
third person such labor, equipment or facilities with intent to
derive for the person or the third person a commercial benefit to
which the person or the third person is not entitled.
(2) As used in this section, 'services' includes, but is not
limited to, labor, professional services, toll facilities,
transportation, communications service, entertainment, the
supplying of food, lodging or other accommodations in hotels,
restaurants or elsewhere, the supplying of equipment for use, and
the supplying of commodities of a public utility nature such as
gas, electricity, steam and water. 'Communication service '
includes, but is not limited to, use of telephone, computer and
cable television systems.
(3) Absconding without payment or offer to pay for hotel,
restaurant or other services for which compensation is
customarily paid immediately upon the receiving of them is prima
facie evidence that the services were obtained with intent to
avoid payment therefor. Obtaining the use of any communication
system the use of which is available only for compensation,
including but not limited to telephone, computer and cable
television systems, or obtaining the use of any services of a
public utility nature, without payment or offer to pay for such
use is prima facie evidence that the obtaining of the use of such
system or the use of such services was gained with intent to
avoid payment therefor.
(4) The value of single theft transactions may be added
together if the thefts were committed:
(a) Against multiple victims by a similar means within a 30-day
period; or
Enrolled House Bill 2323 (HB 2323-INTRO) Page 2
(b) Against the same victim, or two or more persons who are
joint owners, within a 180-day period.
(5) Theft of services is:
(a) A Class C misdemeanor if the aggregate total value of
services that are the subject of the theft is { + less than
$100 + }
{ - under $50 - } ;
(b) A Class A misdemeanor if the aggregate total value of
services that are the subject of the theft is { - $50 - } { +
$100 + } or more { + and less than $1,000 + } { - but is
under $750 - } ;
(c) A Class C felony if the aggregate total value of services
that are the subject of the theft is { - $750 - } { +
$1,000 + } or more; and
(d) A Class B felony if the aggregate total value of services
that are the subject of the theft is $10,000 or more.
SECTION 5. ORS 164.354 is amended to read:
164.354. (1) A person commits the crime of criminal mischief in
the second degree if:
(a) The person violates ORS 164.345, and as a result thereof,
damages property in an amount exceeding { + $500 + }
{ - $100 - } ; or
(b) Having no right to do so nor reasonable ground to believe
that the person has such right, the person intentionally damages
property of another, or, the person recklessly damages property
of another in an amount exceeding { + $500 + } { - $100 - } .
(2) Criminal mischief in the second degree is a Class A
misdemeanor.
SECTION 6. ORS 164.365 is amended to read:
164.365. (1) A person commits the crime of criminal mischief in
the first degree who, with intent to damage property, and having
no right to do so nor reasonable ground to believe that the
person has such right:
(a) Damages or destroys property of another:
(A) In an amount exceeding { - $750 - } { + $1,000 + };
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is
committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility,
telecommunications carrier, railroad, public transportation
facility or medical facility used in direct service to the
public; or
(F) By intentionally interfering with, obstructing or
adulterating in any manner the service of a public utility,
telecommunications carrier, railroad, public transportation
facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the
property of a public utility, telecommunications carrier,
railroad, public transportation facility or medical facility used
in direct service to the public so as to interfere with its
efficiency.
(2) As used in subsection (1) of this section:
(a) 'Institution' includes state and local correctional
facilities, mental health facilities, juvenile detention
facilities and state training schools.
(b) 'Medical facility' means a health care facility as defined
in ORS 442.015, a licensed physician's office or anywhere a
licensed medical practitioner provides health care services.
Enrolled House Bill 2323 (HB 2323-INTRO) Page 3
(c) 'Public utility' has the meaning provided for that term in
ORS 757.005 and includes any cooperative, people's utility
district or other municipal corporation providing an electric,
gas, water or other utility service.
(d) 'Railroad' has the meaning provided for that term in ORS
824.020.
(e) 'Public transportation facility' means any property,
structure or equipment used for or in connection with the
transportation of persons for hire by rail, air or bus, including
any railroad cars, buses or airplanes used to carry out such
transportation.
(f) 'Telecommunications carrier' has the meaning given that
term in ORS 133.721.
(3) Criminal mischief in the first degree is a Class C felony.
SECTION 7. ORS 165.055 is amended to read:
165.055. (1) A person commits the crime of fraudulent use of a
credit card if, with intent to injure or defraud, the person uses
a credit card for the purpose of obtaining property or services
with knowledge that:
(a) The card is stolen or forged; { - or - }
(b) The card has been revoked or canceled; or
(c) For any other reason the use of the card is unauthorized by
either the issuer or the person to whom the credit card is
issued.
(2) 'Credit card' means a card, booklet, credit card number or
other identifying symbol or instrument evidencing an undertaking
to pay for property or services delivered or rendered to or upon
the order of a designated person or bearer.
(3) The value of single credit card transactions may be added
together if the transactions were committed:
(a) Against multiple victims within a 30-day period; or
(b) Against the same victim within a 180-day period.
(4) Fraudulent use of a credit card is:
(a) A Class A misdemeanor if the aggregate total amount of
property or services the person obtains or attempts to obtain is
{ + less than $1,000 + } { - under $750 - } .
(b) A Class C felony if the aggregate total amount of property
or services the person obtains or attempts to obtain is
{ - $750 - } { + $1,000 + } or more.
SECTION 8. { + The amendments to ORS 164.043, 164.045,
164.055, 164.125, 164.354, 164.365 and 165.005 by sections 1 to 7
of this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
----------
Enrolled House Bill 2323 (HB 2323-INTRO) Page 4
Passed by House February 4, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 25, 2009
...........................................................
President of Senate
Enrolled House Bill 2323 (HB 2323-INTRO) Page 5
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2323 (HB 2323-INTRO) Page 6