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 1759
 
                           A-Engrossed
 
                         House Bill 2340
                  Ordered by the House April 2
            Including House Amendments dated April 2
 
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.
 
  Modifies provisions relating to venue in criminal prosecutions
for stalking and for violating a court's stalking protective
order.
 
                        A BILL FOR AN ACT
Relating to venue; creating new provisions; and amending ORS
  131.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 131.315 is amended to read:
  131.315. (1) If conduct constituting elements of an offense or
results constituting elements of an offense occur in two or more
counties, trial of the offense may be held in any of the counties
concerned.
  (2) If a cause of death is inflicted on a person in one county
and the person dies therefrom in another county, trial of the
offense may be held in either county.
  (3) If the commission of an offense commenced outside this
state is consummated within this state, trial of the offense
shall be held in the county in which the offense is consummated
or the interest protected by the criminal statute in question is
impaired.
  (4) If an offense is committed on any body of water located in,
or adjacent to, two or more counties or forming the boundary
between two or more counties, trial of the offense may be held in
any nearby county bordering on the body of water.
  (5) If an offense is committed in or upon any railroad car,
vehicle, aircraft, boat or other conveyance in transit and it
cannot readily be determined in which county the offense was
committed, trial of the offense may be held in any county through
or over which the conveyance passed.
  (6) If an offense is committed on the boundary of two or more
counties or within one mile thereof, trial of the offense may be
held in any of the counties concerned.
  (7) A person who commits theft, burglary or robbery may be
tried in any county in which the person exerts control over the
property that is the subject of the crime.
  (8) If the offense is an attempt or solicitation to commit a
crime, trial of the offense may be held in any county in which
any act that is an element of the offense is committed.
  (9) If the offense is criminal conspiracy, trial of the offense
may be held in any county in which any act or agreement that is
an element of the offense occurs.
  (10) A person who in one county commits an inchoate offense
that results in the commission of an offense by another person in
another county, or who commits the crime of hindering prosecution
of the principal offense, may be tried in either county.
  (11) A criminal nonsupport action may be tried in any county in
which the dependent child is found, irrespective of the domicile
of the parent, guardian or other person lawfully charged with
support of the child.
  (12) If the offense is theft, forgery or identity theft and the
offense consists of an aggregate transaction involving more than
one county, trial of the offense may be held in any county in
which one of the acts of theft, forgery or identity theft was
committed.
  (13) When a prosecution is for violation of the Oregon
Securities Law, the trial of the offense may be held in the
county in which:
  (a) The offer to purchase or sell securities took place or
where the sale or purchase of securities took place; or
  (b) Any act that is an element of the offense occurred.
  (14) When a prosecution under ORS 165.692 and 165.990 or
411.675 and 411.990 (2) and (3) involves Medicaid funds, the
trial of the offense may be held in the county in which the claim
was submitted for payment or in the county in which the claim was
paid.
   { +  (15)(a) If the offense is stalking under ORS 163.732 and
involves contacts as defined in ORS 163.730 in more than one
county, trial of the offense may be held in any county in which a
contact occurred.
  (b) If the offense is violating a court's stalking protective
order under ORS 163.750, trial of the offense may be held in the
county in which the defendant engaged in conduct prohibited by
the order or in the county in which the order was issued. + }
  SECTION 2.  { + The amendments to ORS 131.315 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
                         ----------