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 1651
 
                         House Bill 2343
 
Sponsored by Representative GELSER (at the request of Attorney
  General Hardy Myers and Attorney General's Sexual Assault Task
  Force) (Presession filed).
 
 
                             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 definition of 'mentally incapacitated' for purposes of
certain criminal statutes.
 
                        A BILL FOR AN ACT
Relating to mental incapacitation; creating new provisions; and
  amending ORS 163.305.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.305 is amended to read:
  163.305. As used in chapter 743, Oregon Laws 1971, unless the
context requires otherwise:
  (1) 'Deviate sexual intercourse' means sexual conduct between
persons consisting of contact between the sex organs of one
person and the mouth or anus of another.
  (2) 'Forcible compulsion' means to compel by:
  (a) Physical force; or
  (b) A threat, express or implied, that places a person in fear
of immediate or future death or physical injury to self or
another person, or in fear that the person or another person will
immediately or in the future be kidnapped.
  (3) 'Mentally defective' means that a person suffers from a
mental disease or defect that renders the person incapable of
appraising the nature of the conduct of the person.
  (4) 'Mentally incapacitated' means that a person is rendered
incapable of appraising or controlling the conduct of the person
at the time of the alleged offense   { - because of - }   { + as
a result of illness,  + }the influence of a controlled or other
intoxicating substance   { - administered to the person without
the consent of the person or because of any other act committed
upon the person without the consent of the person - }  { +  or
some other cause + }.
  (5) 'Physically helpless' means that a person is unconscious or
for any other reason is physically unable to communicate
unwillingness to an act.
  (6) 'Sexual contact' means any touching of the sexual or other
intimate parts of a person or causing such person to touch the
sexual or other intimate parts of the actor for the purpose of
arousing or gratifying the sexual desire of either party.
  (7) 'Sexual intercourse' has its ordinary meaning and occurs
upon any penetration, however slight; emission is not required.
  SECTION 2.  { + The amendments to ORS 163.305 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
                         ----------