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 1748
 
                         Senate Bill 247
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate 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 crime of assault in third degree to include knowingly
causing substantial physical injury.
 
                        A BILL FOR AN ACT
Relating to assault; creating new provisions; and amending ORS
  163.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.165 is amended to read:
  163.165. (1) A person commits the crime of assault in the third
degree if the person:
  (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
  (b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
   { +  (c) Knowingly causes substantial physical injury to
another; + }
    { - (c) - }  { +  (d) + } Recklessly causes physical injury
to another by means of a deadly or dangerous weapon under
circumstances manifesting extreme indifference to the value of
human life;
    { - (d) - }  { +  (e) + } Intentionally, knowingly or
recklessly causes, by means other than a motor vehicle, physical
injury to the operator of a public transit vehicle while the
operator is in control of or operating the vehicle. As used in
this paragraph, 'public transit vehicle' has the meaning given
that term in ORS 166.116;
    { - (e) - }  { +  (f) + } While being aided by another person
actually present, intentionally or knowingly causes physical
injury to another;
    { - (f) - }  { +  (g) + } While committed to a youth
correction facility, intentionally or knowingly causes physical
injury to another knowing the other person is a staff member of a
youth correction facility while the other person is acting in the
course of official duty;
 
 
    { - (g) - }  { +  (h) + } Intentionally, knowingly or
recklessly causes physical injury to { +  a paramedic or + } an
emergency medical technician
  { - or paramedic, - }  as   { - those terms are - }  { +  that
term is + } defined in ORS 682.025, while the technician or
paramedic is performing official duties;
    { - (h) - }  { +  (i) + } Being at least 18 years of age,
intentionally or knowingly causes physical injury to a child 10
years of age or younger;
    { - (i) - }  { +  (j) + } Knowing the other person is a staff
member, intentionally or knowingly propels any dangerous
substance at the staff member while the staff member is acting in
the course of official duty or as a result of the staff member's
official duties; or
    { - (j) - }  { +  (k) + } Intentionally, knowingly or
recklessly causes, by means other than a motor vehicle, physical
injury to the operator of a taxi while the operator is in control
of the taxi.
  (2) Assault in the third degree is a Class C felony. When a
person is convicted of violating subsection   { - (1)(i) - }
 { + (1)(j) + } of this section, in addition to any other
sentence it may impose, the court shall impose a term of
incarceration in a state correction facility.
  (3) As used in this section:
  (a) 'Dangerous substance' includes, but is not limited to,
blood, urine, saliva, semen and feces.
  (b) 'Staff member' means:
  (A) A corrections officer as defined in ORS 181.610, a youth
correction officer, a Department of Corrections or Oregon Youth
Authority staff member or a person employed pursuant to a
contract with the department or youth authority to work with, or
in the vicinity of, inmates or youth offenders; and
  (B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
   { +  (c)(A) 'Substantial physical injury' means physical
injury that causes temporary, but extended:
  (i) Pain or discomfort;
  (ii) Impairment of health, a bodily function or the use of a
bodily organ; or
  (iii) Disfigurement of the body.
  (B) 'Substantial physical injury' includes, but is not limited
to, broken bones, severely swollen body parts, cuts that require
stitches, the loss of significant amounts of blood and the
removal of skin or hair. + }
    { - (c) - }  { +  (d) + } 'Youth correction facility' has the
meaning given that term in ORS 162.135.
  SECTION 2.  { + The amendments to ORS 163.165 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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