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 3349
 
                         Senate Bill 659
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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 research and animal interference to include
publishing certain information with intent that information be
used to commit a crime involving violence. Defines 'researcher.
' Authorizes civil action to obtain restraining order, damages or
both.
 
                        A BILL FOR AN ACT
Relating to animal researchers; creating new provisions; and
  amending ORS 167.312.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.312 is amended to read:
  167.312. (1) A person commits the crime of research and animal
interference if the person:
  (a) With the intent to interfere with research, releases,
steals or otherwise causes the death, injury or loss of any
animal at or from an animal research facility.
  (b) With the intent to interfere with research, damages,
vandalizes or steals any property in or on an animal research
facility.
  (c) With the intent to interfere with research, obtains access
to an animal research facility to perform acts not authorized by
that facility.
  (d) Obtains or exerts unauthorized control over records, data,
materials, equipment or animals of any animal research facility
with the intent to interfere with research by concealing,
abandoning or destroying such records, data, materials, equipment
or animals.
  (e) With the intent to interfere with research, possesses or
uses equipment or animals that the person reasonably believes
have been obtained by theft or deception from an animal research
facility or without the authorization of an animal research
facility.
   { +  (f) Publishes information describing or depicting a
researcher, the researcher's household member or the location
where a researcher or household member may be found, with the
intent that a person imminently use the information to commit a
crime involving violence or a threat of violence against the
researcher or household member and the information is likely to
aid in the imminent commission of the crime. + }
 
 
    { - (2) For the purposes of this section, 'animal research
facility' means any facility engaging in legal scientific
research or teaching involving the use of animals. - }
    { - (3) - }   { + (2) + } Research and animal interference is
a:
  (a) Class C felony if damage to the animal research facility is
$2,500 or more; or
  (b) Class A misdemeanor if there is no damage to the facility
or if damage to the animal research facility is less than $2,500.
    { - (4) - }   { + (3) + } Determination of damages to an
animal research facility shall be made by the court. In making
its determination, the court shall consider the reasonable costs
of:
  (a) Replacing lost, injured or destroyed animals;
  (b) Restoring the animal research facility to the approximate
condition of the facility before the damage occurred; and
  (c) Replacing damaged or missing records, data, material or
equipment.
    { - (5) - }   { + (4) + } In addition to any other penalty
imposed for violation of this section, a person convicted of such
violation is liable:
  (a) To the owner of the animal for damages, including the costs
of restoring the animal to confinement and to its health
condition prior to commission of the acts constituting the
violation;
  (b) For damages to real and personal property caused by acts
constituting the violation; and
  (c) For the costs of repeating an experiment, including the
replacement of the animals, labor and materials, if acts
constituting the violation cause the failure of an experiment.
   { +  (5) As used in this section:
  (a) 'Animal research facility' means any facility engaging in
legal scientific research or teaching involving the use of
animals.
  (b) 'Researcher' means a licensed veterinarian, animal care
worker or other person engaged in, or providing support services
for a person engaged in, legal scientific research or teaching
involving the use of animals. + }
  SECTION 2.  { + (1) Irrespective of any criminal prosecution or
the result of a criminal prosecution, a person may bring a civil
action for a restraining order or for damages, or both, against
another person if the other person publishes information
describing or depicting a researcher as defined in ORS 167.312 or
the researcher's household member, or the location where the
researcher or the household member may be found, with the intent
that a person imminently use the information to commit a crime
involving violence or a threat of violence against the researcher
or the household member and the information is likely to aid in
the imminent commission of the crime.
  (2) An action under this section must be commenced within two
years of the conduct giving rise to the claim.
  (3) Proof of the claim shall be by a preponderance of the
evidence.
  (4) The plaintiff may recover:
  (a) Both special and general damages, including damages for
emotional distress;
  (b) Punitive damages; and
  (c) Reasonable attorney fees and costs. + }
  SECTION 3.  { + Section 2 of this 2009 Act and the amendments
to ORS 167.312 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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