75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1746
 
                         House Bill 2334
 
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.
 
  Modifies definitions of 'recklessly' and 'criminal negligence'
for purposes of certain criminal laws.
 
                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  161.085.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.085 is amended to read:
  161.085. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
  (1) 'Act' means a bodily movement.
  (2) 'Voluntary act' means a bodily movement performed
consciously and includes the conscious possession or control of
property.
  (3) 'Omission' means a failure to perform an act the
performance of which is required by law.
  (4) 'Conduct' means an act or omission and its accompanying
mental state.
  (5) 'To act' means either to perform an act or to omit to
perform an act.
  (6) 'Culpable mental state' means intentionally, knowingly,
recklessly or with criminal negligence as these terms are defined
in subsections (7), (8), (9) and (10) of this section.
  (7) 'Intentionally' or 'with intent,' when used with respect to
a result or to conduct described by a statute defining an
offense, means that a person acts with a conscious objective to
cause the result or to engage in the conduct so described.
  (8) 'Knowingly' or 'with knowledge,' when used with respect to
conduct or to a circumstance described by a statute defining an
offense, means that a person acts with an awareness that the
conduct of the person is of a nature so described or that a
circumstance so described exists.
  (9) 'Recklessly  { - , - } '   { - when used with respect to a
result or to a circumstance described by a statute defining an
offense, - } means that a person is aware of and consciously
disregards a substantial and unjustifiable risk { +  of harm + }
 { - that the result will occur or that the circumstance
exists - } . The risk must be of such nature and degree that
 
disregard thereof constitutes a gross deviation from the standard
of care that a reasonable person would observe in the situation.
  (10) 'Criminal negligence' or 'criminally negligent  { - , - }
'
  { - when used with respect to a result or to a circumstance
described by a statute defining an offense, - }  means that a
person fails to be aware of a substantial and unjustifiable
risk { +  of harm + }   { - that the result will occur or that
the circumstance exists - } . The risk must be of such nature and
degree that the failure to be aware of it constitutes a gross
deviation from the standard of care that a reasonable person
would observe in the situation.
  SECTION 2.  { + The amendments to ORS 161.085 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
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