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 1463
A-Engrossed
Senate Bill 570
Ordered by the Senate April 27
Including Senate Amendments dated April 27
Sponsored by Senators ATKINSON, BATES, BONAMICI, BOQUIST,
BURDICK, CARTER, COURTNEY, DEVLIN, DINGFELDER, FERRIOLI,
GEORGE, GIROD, HASS, JOHNSON, KRUSE, METSGER, MONNES ANDERSON,
MONROE, MORRISETTE, MORSE, NELSON, PROZANSKI, ROSENBAUM,
SCHRADER, STARR, TELFER, VERGER, WALKER, WHITSETT, WINTERS,
Representatives BAILEY, BARKER, BARNHART, BARTON, BENTZ,
BERGER, BEYER, BOONE, BRUUN, BUCKLEY, CAMERON, CANNON, CLEM,
COWAN, DEMBROW, C EDWARDS, D EDWARDS, ESQUIVEL, FREEMAN,
GALIZIO, GARRARD, GARRETT, GELSER, GILLIAM, GILMAN, GREENLICK,
HANNA, HARKER, HOLVEY, HUFFMAN, HUNT, JENSON, KAHL, KENNEMER,
KOMP, KOTEK, KRIEGER, MATTHEWS, MAURER, NATHANSON, NOLAN,
OLSON, READ, RICHARDSON, RILEY, ROBLAN, SCHAUFLER, G SMITH, J
SMITH, SPRENGER, STIEGLER, THATCHER, THOMPSON, TOMEI, VANORMAN,
WEIDNER, WHISNANT, WINGARD, WITT
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.
Requires scrap metal business to create and maintain certain
records of purchase or receipt of metal property or other
transactions related to metal property. Prohibits scrap metal
business from { - purchasing, receiving or conducting
transaction related to - } { + purchasing or receiving + }
certain types of metal property. Requires payment for purchase or
transaction by check mailed to seller's street address { + no
earlier than three days after date of transaction + }.
Requires scrap metal business to produce records in response to
lawful demand and to segregate, identify and hold metal property
reasonably suspected to be lost or stolen. Requires within 10
days determination of whether metal property is lost or stolen.
{ + Requires Oregon Criminal Justice Commission to adopt
rules establishing disproportionate impact as aggravating factor
for purposes of court imposing upward departure from presumptive
sentence for conviction of theft in first degree or of aggravated
theft in first degree. + }
Requires consignment or secondhand store that purchases or
receives metal property to comply with provisions of Act.
Provides immunity to owner of land for injury or damage caused
by theft or attempted theft of metal property.
{ - Specifies civil penalty of not more than $1,000 for first
violation of certain provisions of Act and not more than $2,000
for subsequent violations. - }
Creates crime of unlawfully altering metal property. Punishes
by maximum of one year's imprisonment, $6,250 fine, or both.
Creates crime of making false statement on metal property
record. Punishes by maximum of one year's imprisonment, $6,250
fine, or both.
Creates crime of unlawfully purchasing or receiving metal
property. Punishes by maximum of one year's imprisonment, $6,250
fine, or both.
Creates crime of unlawfully { - possessing - }
{ + transporting + } metal property. Punishes by maximum of
{ - one year's imprisonment, $6,250 fine, - } { + 30 days'
imprisonment, $1,250 fine, + } or both.
A BILL FOR AN ACT
Relating to commerce in metal property; creating new provisions;
and amending ORS 133.619, 161.005, 164.095, 165.107, 423.565,
646A.060 and 646A.062.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 5 of this 2009 Act:
(1) 'Commercial account' means an agreement or arrangement
between a commercial seller and a scrap metal business for
regularly or periodically selling, delivering, purchasing or
receiving metal property.
(2) 'Commercial metal property' means an item fabricated or
containing parts made of metal or metal alloys that:
(a) Is used as, used in or used as part of:
(A) A utility access cover or a cover for a utility meter;
(B) A pole, fixture or component of a street light or traffic
light;
(C) A sign or marker located, with the permission of a
governmental entity, alongside a street, road or bridge for the
purpose of directing or controlling traffic or providing
information to motorists;
(D) A traffic safety device, including a guardrail for a
highway, road or bridge;
(E) A vase, plaque, marker, tablet, plate or other sign or
ornament affixed to or in proximity to a historic site, grave,
statue, monument or similar property accessible to members of the
public; or
(F) An agricultural implement, including an irrigation wheel,
sprinkler head or pipe;
(b) Bears the name of, or a serial or model number, logo or
other device used by, a commercial seller to identify the
commercial seller's property including, but not limited to,
implements or equipment used by railroads and utilities that
provide telephone, commercial mobile radio, cable television,
electricity, water, natural gas or similar services;
(c) Consists of material used in building construction or other
commercial construction, including:
(A) Copper or aluminum pipe, tubing or wiring;
(B) Aluminum gutters, downspouts, siding, decking, bleachers or
risers; or
(C) Aluminum or stainless steel fence panels made of one-inch
tubing 42 inches long, with four-inch gaps; or
(d) Constitutes wire of a gauge typically used by utilities to
provide electrical or telecommunications service.
(3) 'Commercial seller' means a business entity, as defined in
ORS 60.470, or governmental entity that regularly or periodically
sells or delivers metal property to a scrap metal business as
part of the entity's business functions.
(4) 'Metal property' means commercial metal property,
nonferrous metal property or private metal property.
(5)(a) 'Nonferrous metal property' means an item fabricated or
containing parts made of or in an alloy with copper, brass,
aluminum, bronze, lead, zinc or nickel.
(b) 'Nonferrous metal property' does not include gold, silver
or platinum that is used in the manufacture, repair, sale or
resale of jewelry.
(6) 'Private metal property' means a catalytic converter that
has been removed from a vehicle and is offered for sale as an
independent item, whether individually or as part of a bundle,
bale or in other bulk form.
(7)(a) 'Scrap metal business' means a person that is licensed
to do business in this state or another state and that:
(A) Maintains a permanent or fixed place of business at which
the person:
(i) Engages in the business of purchasing or receiving metal
property;
(ii) Alters or prepares metal property the person receives for
use in manufacturing other products; and
(iii) Owns, leases, rents, maintains or uses a device used in
metal recycling, including a hydraulic baler, metal shearer or
metal shredder;
(B) Maintains a permanent or fixed place of business at which
the person engages in the business of purchasing or receiving
metal property for the purpose of aggregation and sale to another
scrap metal business; or
(C) Does not necessarily maintain a permanent or fixed place of
business in this state but engages in the business of purchasing
or receiving nonferrous metal property or private metal property
for the purpose of aggregation and sale to another scrap metal
business.
(b) 'Scrap metal business' does not include a governmental
entity that accepts metal property for recycling.
(8)(a) 'Transaction' means a sale, purchase, receipt or trade
of, or a contract, agreement or pledge to sell, purchase, receive
or trade, private metal property or nonferrous metal property
that occurs or forms between an individual and a scrap metal
business.
(b) 'Transaction' does not include:
(A) A transfer of metal property made without consideration; or
(B) A sale, purchase, receipt or trade of, or a contract,
agreement or pledge to sell, purchase, receive or trade, private
metal property or nonferrous metal property that occurs or forms
between:
(i) A commercial seller or an authorized employee or agent of
the commercial seller; and
(ii) A scrap metal business or an authorized employee or agent
of the scrap metal business. + }
SECTION 2. { + (1) A person commits the offense of unlawfully
altering metal property if the person, with intent to deceive a
scrap metal business as to the ownership or origin of an item of
metal property, knowingly removes, alters, renders unreadable or
invisible or obliterates a name, logo, model or serial number,
personal identification number or other mark or method that a
manufacturer uses to identify the metal property.
(2) A person commits the offense of making a false statement on
a metal property record if the person:
(a) Knowingly makes, causes or allows to be made a false entry
or misstatement of material fact in a metal property record
described in ORS 165.107; or
(b) Signs a declaration under ORS 165.107 knowing that the
nonferrous metal property or private metal property that is the
subject of a transaction is stolen.
(3) A scrap metal business or an agent or employee of a scrap
metal business commits the offense of unlawfully purchasing or
receiving metal property if the scrap metal business or agent or
employee fails to report any of the following to a law
enforcement agency within 24 hours:
(a) The purchase or receipt of metal property that the person
knows or has good reason to know was the subject of theft.
(b) The purchase or receipt of metal property that the person
knows or reasonably suspects has been unlawfully altered as
described in subsection (1) of this section.
(c) The purchase or receipt of metallic wire from which
insulation has been removed, in whole or in part, by burning,
unless the individual offering the wire for purchase or receipt
can prove by appropriate documentation that the individual owns
or is entitled to offer the wire for purchase or receipt and that
the burning was the result of a fire or other accident or was
done by legitimate means or for a legitimate purpose. The scrap
metal business shall retain a copy of the documentation provided.
(d) The purchase or receipt of commercial metal property from a
person other than:
(A) A commercial seller that has a commercial account with the
scrap metal business; or
(B) An individual who can produce written documentation or
identification that proves that the individual is an employee,
agent or other individual authorized by a commercial seller that
has a commercial account with the scrap metal business to deliver
commercial metal property for purchase or receipt.
(e) The purchase or receipt of metal property from an
individual whom the scrap metal business knows or reasonably
suspects:
(A) Is under 16 years of age; or
(B) Has, according to information provided by a peace officer
or law enforcement agency, been convicted within the past five
years, as a principal, agent or accessory of a crime involving:
(i) Drugs;
(ii) Burglary, robbery or theft;
(iii) Possession or receipt of stolen property;
(iv) The manufacture, delivery or possession of, with intent to
deliver, methamphetamine;
(v) The manufacture, delivery or possession of, with intent to
deliver, ephedrine or a salt, isomer or salt of an isomer of
ephedrine;
(vi) The manufacture, delivery or possession of, with intent to
deliver, pseudoephedrine or a salt, isomer or salt of an isomer
of pseudoephedrine; or
(vii) Possession of anhydrous ammonia with intent to
manufacture methamphetamine.
(4) Violation of a provision of subsections (1) to (3) of this
section is a Class A misdemeanor. + }
SECTION 3. { + (1) A person commits the offense of unlawfully
transporting metal property if the person transports metal
property on a public highway or on premises open to the public
with the intent to deliver the metal property to a scrap metal
business and the person does not have a metal transportation
certificate in the person's possession.
(2) A seller or transferor of metal property that has reason to
believe that a buyer or transferee intends to obtain the metal
property for delivery to a scrap metal business shall provide the
buyer or transferee with a metal transportation certificate.
(3) A metal transportation certificate must include:
(a) The date the metal property was acquired and the amount and
type of metal property that the person is transporting;
(b) The location where the metal property was loaded and the
destination of the metal property;
(c) The name, address and telephone number of the seller or the
transferor;
(d) The signature of the seller or transferor or the authorized
agent of the seller or transferor; and
(e) The name, address and telephone number of the person
transporting the metal property.
(4) The Department of State Police shall create a form that may
serve as a metal transportation certificate and shall make the
form available on the department's website.
(5) It is a defense to a charge of unlawfully transporting
metal property that the person transporting the metal property is
the owner of the property or an agent or employee of the owner of
the property.
(6) Unlawfully transporting metal property is a Class C
misdemeanor. + }
SECTION 4. { + (1) Not later than two business days after
receiving from a peace officer or law enforcement agency a
subpoena for information related to a named or specified
individual, vehicle or item of metal property, a scrap metal
business shall provide to the peace officer or law enforcement
agency a copy of a metal property record created under ORS
165.107 or a copy of the relevant portion of a commercial account
that contains the information about the individual, vehicle or
item of metal property that is the subject of the subpoena. The
scrap metal business shall provide the information in any form or
by any method reasonably required by the peace officer or law
enforcement agency.
(2) If a scrap metal business has good cause to believe that
metal property that the scrap metal business purchased or
received or possesses or controls was lost by or stolen from the
metal property's owner or lawful possessor, the scrap metal
business shall promptly notify an appropriate law enforcement
agency and shall:
(a) Name the owner or lawful possessor of the property, if
known; and
(b) Disclose the name of the person that delivered the metal
property and the date on which the scrap metal business received
the metal property.
(3) If a peace officer or law enforcement agency notifies a
scrap metal business that an item of metal property in the
possession or control of the scrap metal business is stolen, the
scrap metal business shall:
(a) Segregate the metal property that is the subject of the
notification from other inventory kept by the scrap metal
business;
(b) Protect the metal property from alteration or damage;
(c) Mark, tag or otherwise identify the metal property; and
(d) Hold the metal property for the length of time, not to
exceed 10 days, that the peace officer or law enforcement agency
specifies.
(4) A peace officer or law enforcement agency may not require a
scrap metal business to hold metal property under subsection (3)
of this section unless the peace officer or law enforcement
agency reasonably suspects that the metal property was lost by or
stolen from the owner or lawful possessor of the metal property.
Within 10 days after notifying a scrap metal business that an
item of metal property may be lost or stolen, the peace officer
or law enforcement agency shall:
(a) Determine that the metal property is lost or stolen and
take appropriate lawful action to impound or recover the metal
property and return the metal property to the owner or lawful
possessor; or
(b) Determine that the metal property is not lost or stolen and
notify the scrap metal business that it is not necessary to hold
the metal property any longer. + }
SECTION 5. { + (1) Except as provided in subsection (2) of
this section, sections 1 to 4 of this 2009 Act and ORS 165.107 do
not apply to:
(a) A person engaged in recycling beverage containers as
defined in ORS 459A.700.
(b) A person engaged in buying or selling used or empty food
containers made of metal.
(c) A person to whom a vehicle dealer certificate has been
issued under ORS 822.020.
(d) A person to whom a dismantler certificate has been issued
under ORS 822.110.
(e) A person to whom a towing business certificate has been
issued under ORS 822.205.
(2) A person described in subsection (1)(c) to (e) of this
section shall comply with and is subject to the penalty provided
for violating a provision of ORS 165.107 or sections 1 to 4 of
this 2009 Act, if the person purchases, receives or transports:
(a) Private metal property; or
(b) Commercial metal property or nonferrous metal property,
that is not a motor vehicle or a part of a motor vehicle. + }
SECTION 6. ORS 165.107 is amended to read:
165.107. { - (1) A scrap metal dealer commits the offense of
failing to maintain a metal purchase record if the scrap metal
dealer knowingly buys or otherwise obtains new, used or
secondhand nonferrous metals or alloys thereof without keeping a
record of all such articles purchased or obtained. - }
{ - (2) The scrap metal dealer purchasing or obtaining the
metal shall retain the record required by subsection (1) of this
section for a period of not less than one year and the scrap
metal dealer shall make the record available to any peace officer
on demand. - }
{ - (3) The record required by subsection (1) of this section
shall contain: - }
{ - (a) The time and date of the transaction and the name of
the person conducting the transaction on behalf of the scrap
metal dealer. - }
{ - (b) A general description of the property purchased,
including the type and amount and, if readily discernible, any
identifiable marks on the property. - }
{ - (c) A photocopy of a current, valid driver license,
passport or state identification card of the seller. - }
{ - (d) The amount of the consideration given for the
metals. - }
{ - (e) If the transaction is valued at more than $100, a
declaration, signed by the seller, in substantially the following
form: 'I, the undersigned, hereby declare that the property that
is subject to this transaction is not, to the best of my
knowledge, stolen property. I understand that this statement is
made under penalty of perjury and may be used as evidence in
court.' - }
{ - (f) Video surveillance or a photograph of the seller.
Notwithstanding subsection (2) of this section, the images must
be retained for 30 days from the date of the transaction. - }
{ - (g) A description of any motor vehicle and its license
number used in the delivery of the property. - }
{ - (4) This section shall not apply to purchases made by or
from a manufacturer, remanufacturer or a distributor appointed by
a manufacturer of such articles. - }
{ - (5) As used in this section: - }
{ - (a) 'Nonferrous metal' includes, but is not limited to,
aluminum, stainless steel, copper, copper wire, copper cable,
brass, electrolytic nickel and zinc. 'Nonferrous metal' does not
include precious metals when actually used in the manufacture,
repair, sale or resale of jewelry. - }
{ - (b) 'Scrap metal dealer' means a person engaged in the
business of purchasing or receiving nonferrous metal property for
aggregation and sale to a metal processor or metal recycler. - }
{ - (c) 'Seller' means a person who sells or delivers the
property or otherwise makes the property available to the scrap
metal dealer. - }
{ + (1) Before completing a transaction, a scrap metal
business engaged in business in this state shall:
(a) Create a metal property record for the transaction at the
time and in the location where the transaction occurs. The record
must:
(A) Be accurate and written clearly and legibly in English;
(B) Be entered onto a standardized printed form or an
electronic form that is securely stored and is capable of ready
retrieval and printing; and
(C) Contain all of the following information:
(i) The signature of the individual with whom the scrap metal
business conducts the transaction;
(ii) The time, date, location and monetary amount or other
value of the transaction;
(iii) The name of the employee who conducts the transaction on
behalf of the scrap metal business;
(iv) The name, street address and telephone number of the
individual with whom the scrap metal business conducts the
transaction;
(v) A description of, and the license number and issuing state
shown on the license plate affixed to, the motor vehicle, if any,
used to transport the individual who conducts, or the nonferrous
metal property or private metal property that is the subject of,
the transaction;
(vi) A photocopy of a current, valid driver license or other
government-issued photo identification belonging to the
individual with whom the scrap metal business conducts the
transaction;
(vii) A photograph of, or video surveillance recording
depicting, a recognizable facial image of the individual with
whom the scrap metal business conducts the transaction; and
(viii) A general description of the nonferrous metal property
or private metal property that constitutes the predominant part
of the transaction. The description must include any identifiable
marks on the property, if readily discernible, and must specify
the weight, quantity or volume of the nonferrous metal property
or private metal property and indicate the appropriate
classification code from the current edition of the Institute of
Scrap Recycling Industries' Scrap Specifications Circular, or
successor publication, for each separately classifiable component
of the nonferrous metal property or private metal property.
(b) Require the individual with whom the scrap metal business
conducts a transaction to sign and date a declaration printed in
conspicuous type, either on the record described in this
subsection or on a receipt issued to the individual with whom the
scrap metal business conducts the transaction, that states: + }
________________________________________________________________
{ + I, __________, AFFIRM UNDER PENALTY OF LAW THAT THE
PROPERTY I AM SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF
MY KNOWLEDGE, STOLEN PROPERTY. + }
________________________________________________________________
{ + (c) Require the employee of the scrap metal business who
conducts the transaction on behalf of the scrap metal business to
witness the individual sign the declaration, and also to sign and
date the declaration in a space provided for that purpose.
(d) For one year following the date of the transaction, keep a
copy of the record and the signed and dated declaration described
in this subsection. If the scrap metal business uses a video
surveillance recording as part of the record kept in accordance
with this subsection, the scrap metal business need not keep the
video surveillance recording for one year, but shall retain the
video surveillance recording for a minimum of 30 days following
the date of the transaction. The scrap metal business shall at
all times keep the copies at the current place of business for
the scrap metal business.
(2) A scrap metal business engaged in business in this state
may not do any of the following:
(a) Purchase or receive kegs or similar metallic containers
used to store or dispense alcoholic beverages, except from a
person that manufactures the kegs or containers or from a person
licensed by the Oregon Liquor Control Commission under ORS
471.155.
(b) Conduct a transaction with an individual if the individual
does not at the time of the transaction consent to the creation
of the record described in subsection (1) of this section and
produce for inspection a valid driver license or other
government-issued photo identification that belongs to the
individual.
(c) Conduct a transaction with an individual in which the scrap
metal business pays the individual other than by mailing a
nontransferable check for the amount of the transaction to the
street address the individual provided under subsection (1) of
this section not earlier than three business days after the date
of the transaction. The check must be drawn on an account that
the scrap metal business maintains with a financial institution,
as defined in ORS 706.008.
(d) Cash a check issued in payment for a transaction or release
a check issued in payment for a transaction other than as
provided in paragraph (c) of this subsection. If a check is
returned as undelivered or undeliverable, the scrap metal
business shall retain the check until the individual with whom
the scrap metal business conducted the transaction provides a
valid street address for the individual. If after 30 days
following the date of the transaction the individual fails to
provide a valid street address, the scrap metal business may
cancel the check and the individual shall forfeit to the scrap
metal business the amount due as payment.
(3) Before purchasing or receiving metal property from a
commercial seller, a scrap metal business shall:
(a) Create and maintain a commercial account with the
commercial seller. As part of the commercial account, the scrap
metal business shall enter accurately, clearly and legibly in
English onto a standardized printed form, or an electronic form
that is securely stored and is capable of ready retrieval and
printing, the following information:
(A) The full name of the commercial seller;
(B) The business address and telephone number of the commercial
seller; and
(C) The full name of each employee, agent or other individual
the commercial seller authorizes to deliver metal property to the
scrap metal business.
(b) Record as part of the commercial account at the time the
scrap metal business purchases or receives metal property from a
commercial seller the following information:
(A) The time, date and location at which the commercial seller
delivered the metal property for purchase or receipt;
(B) The monetary amount or other value of the metal property;
(C) A description of the type of metal property that
constitutes the predominant part of the purchase or receipt; and
(D) The signature of the individual who delivered the metal
property to the scrap metal business.
(4) A scrap metal business may require an individual from whom
the business obtains metal property to provide the individual's
thumbprint to the scrap metal business.
(5) A scrap metal business shall make all records and accounts
required to be maintained under this section available to any
peace officer on demand. + }
(6)(a) A scrap metal { - dealer - } { + business + } that
violates { + a provision of subsections (1) to (3) of + } this
section shall pay a fine of $1,000.
(b) Notwithstanding paragraph (a) of this subsection, a scrap
metal { - dealer - } { + business + } that violates { + a
provision of subsections (1) to (3) of + } this section shall pay
a fine of $5,000 if the scrap metal { - dealer - }
{ + business + } has at least three previous convictions for
violations of { + a provision of subsections (1) to (3) of + }
this section.
{ + (7) The definitions in section 1 of this 2009 Act apply
to this section. + }
SECTION 7. { + (1) As used in this section, 'disproportionate
impact' means that, in a case of theft in the first degree under
ORS 164.055 or aggravated theft in the first degree under ORS
164.057:
(a) The offender caused damage to property during the
commission of the theft and the cost to restore the damaged
property to the condition the property was in immediately before
the theft is more than three times the value of the property that
was the subject of the theft; or
(b) The theft of the property creates a hazard to public health
or safety or the environment.
(2) The Oregon Criminal Justice Commission shall adopt rules
that establish disproportionate impact as an aggravating factor
that a court may consider as a substantial and compelling reason
to impose an upward departure from a presumptive sentence under
the rules of the commission. + }
SECTION 8. ORS 133.619 is amended to read:
133.619. (1) A warrant authorizing the installation or tracking
of a mobile tracking device shall be executed as provided in this
section.
(2) The officer need not inform any person of the existence or
content of the warrant prior to its execution.
(3) Except as provided in subsection (4) of this section, the
officer need not deliver or leave a receipt for things seized or
observations made under authority of the warrant.
(4) Within five days of the execution of the warrant, or, in
the case of an ongoing investigation, within such additional time
as the issuing judge may allow upon application, the officer
shall mail a receipt for things seized or observations made under
authority of the warrant to the following:
(a) If the mobile tracking device has been affixed to a
vehicle, to the registered owner; and
(b) To such other persons as the court may direct in the
warrant.
(5) The receipt provided for in subsection (4) of this section
shall include the dates and times during which the officer
monitored or attempted to monitor the mobile tracking device.
(6) A warrant authorizing the installation or tracking of a
mobile tracking device shall only be issued based upon the
submission of an affidavit or oral statement as set forth in ORS
133.545, which affidavit or statement demonstrates that probable
cause exists to believe that an individual is committing or is
about to commit a particular felony of murder, kidnapping, arson,
robbery or other crime dangerous to life and punishable as a
felony, any crime punishable as a felony arising under ORS
475.840 or 475.846 to 475.894, { + unlawfully transporting metal
property, any crime described in section 2 of this 2009 Act, + }
bribery, extortion, burglary or unauthorized use of a motor
vehicle punishable as a felony, or any conspiracy to commit any
of the crimes listed in this subsection.
SECTION 9. ORS 164.095 is amended to read:
164.095. (1) A person commits theft by receiving if the person
receives, retains, conceals or disposes of property of another
knowing or having good reason to know that the property was the
subject of theft.
{ + (2) It is a defense to a charge of violating subsection
(1) of this section if:
(a) The person is a scrap metal business as defined in section
1 of this 2009 Act or an agent or employee of a scrap metal
business;
(b) The person receives or retains metal property as defined in
section 1 of this 2009 Act; and
(c) The person makes a report in accordance with section 2
(3)(a) of this 2009 Act. + }
{ - (2) - } { + (3) + } 'Receiving' means acquiring
possession, control or title, or lending on the security of the
property.
SECTION 10. { + (1) As used in this section, 'owner' means a
person, including a tenant, lessee, occupant or other person,
that possesses an interest in land, including but not limited to
a possession of a fee title.
(2) An owner of land is not liable for personal injury, death
or property damage that arises out of:
(a) Theft or attempted theft of metal property as defined in
section 1 of this 2009 Act from the owner's land; or
(b) A hazardous condition that results from theft or attempted
theft of metal property as defined in section 1 of this 2009 Act
from the owner's land when the owner did not know or could not
reasonably have known of the hazardous condition.
(3) The immunities provided under this section apply to:
(a) Public and private land;
(b) Roads, bodies of water, watercourses, rights of way,
buildings and fixtures or structures on the owner's land; and
(c) Machinery or equipment on the owner's land.
(4) This section does not create or impose a duty of care upon
an owner or possessor of land that would not otherwise exist
under common law. + }
SECTION 11. { + (1) In each county in which a scrap metal
business, as defined in section 1 of this 2009 Act, has a place
of business, the district attorney of the county shall, after
consulting with representatives of the affected law enforcement
agencies and the business community, create a written plan of
action that ensures effective communication between law
enforcement and the business community regarding the theft of
metal property as defined in section 1 of this 2009 Act.
(2) The written plan of action must include, but need not be
limited to, a procedure for law enforcement agencies to notify
scrap metal businesses of a theft of metal property within 24
hours after the receipt of the report of the theft.
(3) The district attorney shall provide a copy of the written
plan of action to the local public safety coordinating council
described in ORS 423.560. + }
SECTION 12. ORS 423.565 is amended to read:
423.565. In addition to the duties assigned to it under ORS
423.560, the local public safety coordinating council convened by
the board of commissioners shall, at a minimum:
(1) Develop and recommend to the county board of commissioners
the plan for use of state resources to serve the local youth
offender population;
(2) Coordinate local juvenile justice policy among affected
juvenile justice entities; { - and - }
(3) In consultation with the local commission on children and
families, develop and recommend to the county board of
commissioners a plan designed to prevent criminal involvement by
youth. The plan must provide for coordination of community-wide
services involving treatment, education, employment and
intervention strategies aimed at crime prevention { + ; and
(4) If a written plan of action has been provided to the
council under section 11 of this 2009 Act, annually review the
plan and, if appropriate, make written recommendations to the
affected district attorney for plan improvements + }.
SECTION 13. ORS 646A.060 is amended to read:
646A.060. (1) A person doing business as a consignment store, a
buy-sell store, a secondhand store or a similar store or
enterprise that in the regular course of business buys used goods
from individuals for the purpose of resale shall:
(a) Require that the individual from whom the person buys the
used goods present proof of identification; and
(b) Maintain a record of the name and address of the
individual, the type of identification provided by the
individual, the date and a description of the goods bought from
the individual.
(2) If the goods described in subsection (1) of this section
are { + private metal property or are + } constructed of { + or
contain parts made of + } nonferrous metal { + property + } as
{ - that term is defined in ORS 165.107 - } { + those terms
are defined in section 1 of this 2009 Act + }, in addition to the
requirements of subsection (1) of this section, { + the person
shall comply with and is subject to the penalty provided for
violating a provision of ORS 165.107 or section 2 or 4 of this
2009 Act that is applicable to a scrap metal business as defined
in section 1 of this 2009 Act. + } { - the records shall
contain the following: - }
{ - (a) A photocopy of the identification provided under
subsection (1)(a) of this section; - }
{ - (b) The amount of consideration given for the goods; - }
{ - (c) If the transaction is valued at more than $100, a
declaration, signed by the individual from whom the person buys
the used goods, in substantially the following form: 'I, the
undersigned, hereby declare that the property that is subject to
this transaction is not, to the best of my knowledge, stolen
property. I understand that this statement is made under penalty
of perjury and may be used as evidence in court.'; - }
{ - (d) Video surveillance or a photograph of the individual;
and - }
{ - (e) A description and the registration plate number of
any motor vehicle used in the delivery of the goods. - }
(3) { - (a) - } The person shall make all records required to
be maintained by { - subsections (1) and (2) - } { +
subsection (1) + } of this section available to { - law
enforcement personnel conducting an investigation - } { + any
peace officer on demand + }.
{ - (b) The person shall retain the records described in
subsection (2) of this section for a period of not less than one
year, except that the video surveillance or photograph described
in subsection (2)(d) of this section must be retained for 30 days
from the date of the transaction. - }
(4) This section does not apply to pawnbrokers licensed under
ORS 726.080.
(5) This section does not preempt, invalidate or in any way
affect the operation of any provision of a county, city or
district ordinance regulating the activities of consignment
stores, buy-sell stores, secondhand stores or similar stores or
enterprises that in the regular course of business buy used goods
from individuals for the purpose of resale.
SECTION 14. ORS 646A.062 is amended to read:
646A.062. { - (1) - } A person that violates ORS 646A.060
(1) commits a Class B violation.
{ - (2)(a) A person that violates ORS 646A.060 (2) shall pay
a fine of $1,000. - }
{ - (b) Notwithstanding paragraph (a) of this subsection, a
person that violates ORS 646A.060 (2) shall pay a fine of $5,000
if the person has at least three previous convictions for
violations of ORS 646A.060 (2). - }
SECTION 15. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.215 to 163.257, 163.261, 163.263, 163.264,
163.266, 163.275, 163.285, 163.305 to 163.467, 163.432, 163.433,
163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.886, 165.002 to
165.102, 165.109, 165.805, 166.005 to 166.095, 166.350, 166.382,
166.384, 166.660, 167.002 to 167.027, 167.054, 167.057, 167.060
to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252,
167.310 to 167.340 and 167.350, 167.810 and 167.820 { + and
sections 2 and 3 of this 2009 Act + } shall be known and may be
cited as Oregon Criminal Code of 1971.
SECTION 16. { + (1) Sections 1 to 5, 7 and 10 of this 2009 Act
and the amendments to ORS 164.095, 165.107, 646A.060 and 646A.062
by sections 6, 9, 13 and 14 of this 2009 Act apply to conduct
occurring on or after the effective date of this 2009 Act.
(2) The amendments to ORS 133.619 by section 8 of this 2009 Act
apply to warrant applications made on or after the effective date
of this 2009 Act. + }
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