75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 984
LC 3894/SB 984-1
SENATE AMENDMENTS TO
SENATE BILL 984
By COMMITTEE ON RULES
June 23
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete line 3 and insert '163.095, 163.160
and 163.185.'.
Delete lines 5 through 31 and delete page 2 and insert:
' { + SECTION 1. + } ORS 163.095 is amended to read:
' 163.095. As used in ORS 163.105 and this section, '
aggravated murder' means murder as defined in ORS 163.115 which
is committed under, or accompanied by, any of the following
circumstances:
' (1)(a) The defendant committed the murder pursuant to an
agreement that the defendant receive money or other thing of
value for committing the murder.
' (b) The defendant solicited another to commit the murder and
paid or agreed to pay the person money or other thing of value
for committing the murder.
' (c) The defendant committed murder after having been
convicted previously in any jurisdiction of any homicide, the
elements of which constitute the crime of murder as defined in
ORS 163.115 or manslaughter in the first degree as defined in ORS
163.118.
' (d) There was more than one murder victim in the same
criminal episode as defined in ORS 131.505.
' (e) The homicide occurred in the course of or as a result of
intentional maiming or torture of the victim.
' (f) The victim of the intentional homicide was a person under
the age of 14 years.
' (2)(a) The victim was one of the following and the murder was
related to the performance of the victim's official duties in the
justice system:
' (A) A police officer as defined in ORS 181.610;
' (B) A correctional, parole and probation officer or other
person charged with the duty of custody, control or supervision
of convicted persons;
' (C) A member of the Oregon State Police;
' (D) A judicial officer as defined in ORS 1.210;
' (E) A juror or witness in a criminal proceeding;
' (F) An employee or officer of a court of justice; or
' (G) A member of the State Board of Parole and Post-Prison
Supervision.
' (b) The defendant was confined in a state, county or
municipal penal or correctional facility or was otherwise in
custody when the murder occurred.
' (c) The defendant committed murder by means of an explosive
as defined in ORS 164.055.
' (d) Notwithstanding ORS 163.115 (1)(b), the defendant
personally and intentionally committed the homicide under the
circumstances set forth in ORS 163.115 (1)(b).
' (e) The murder was committed in an effort to conceal the
commission of a crime, or to conceal the identity of the
perpetrator of a crime.
' (f) The murder was committed after the defendant had escaped
from a state, county or municipal penal or correctional facility
and before the defendant had been returned to the custody of the
facility.
' { + (g) The defendant committed the murder knowing that the
victim was pregnant. + }
' { + SECTION 2. + } ORS 163.185 is amended to read:
' 163.185. (1) A person commits the crime of assault in the
first degree if the person:
' (a) Intentionally causes serious physical injury to another
by means of a deadly or dangerous weapon;
' (b) Intentionally or knowingly causes serious physical injury
to a child under six years of age; { - or - }
' { + (c) Violates ORS 163.175 knowing that the victim is
pregnant; or + }
' { - (c) - } { + (d) + } Intentionally, knowingly or
recklessly causes serious physical injury to another while
operating a motor vehicle under the influence of intoxicants in
violation of ORS 813.010 and:
' (A) The person has at least three previous convictions for
driving while under the influence of intoxicants under ORS
813.010, or its statutory counterpart in any jurisdiction, in the
10 years prior to the date of the current offense; or
' (B)(i) The person has a previous conviction for any of the
crimes described in subsection (2) of this section, or their
statutory counterparts in any jurisdiction; and
' (ii) The victim's death or serious physical injury in the
previous conviction was caused by the person driving a motor
vehicle.
' (2) The previous convictions to which subsection
{ - (1)(c)(B) - } { + (1)(d)(B) + } of this section apply
are:
' (a) Manslaughter in the first degree under ORS 163.118;
' (b) Manslaughter in the second degree under ORS 163.125;
' (c) Criminally negligent homicide under ORS 163.145;
' (d) Assault in the first degree under this section;
' (e) Assault in the second degree under ORS 163.175; or
' (f) Assault in the third degree under ORS 163.165.
' (3) Assault in the first degree is a Class A felony.
' (4) It is an affirmative defense to a prosecution under
subsection { - (1)(c)(B) - } { + (1)(d)(B) + } of this
section that the defendant was not under the influence of
intoxicants at the time of the conduct that resulted in the
previous conviction.
' { + SECTION 3. + } ORS 163.160 is amended to read:
' 163.160. (1) A person commits the crime of assault in the
fourth degree if the person:
' (a) Intentionally, knowingly or recklessly causes physical
injury to another; or
' (b) With criminal negligence causes physical injury to
another by means of a deadly weapon.
' (2) Assault in the fourth degree is a Class A misdemeanor.
' (3) Notwithstanding subsection (2) of this section, assault
in the fourth degree is a Class C felony if the person commits
the crime of assault in the fourth degree and:
' (a) The person has previously been convicted of assaulting
the same victim;
' (b) The person has previously been convicted at least three
times under this section or under equivalent laws of another
jurisdiction and all of the assaults involved domestic violence,
as defined in ORS 135.230; { - or - }
' (c) The assault is committed in the immediate presence of, or
is witnessed by, the person's or the victim's minor child or
stepchild or a minor child residing within the household of the
person or victim { - . - } { + ; or
' (d) The person commits the assault knowing that the victim is
pregnant. + }
' (4) For the purposes of subsection (3) of this section, an
assault is witnessed if the assault is seen or directly perceived
in any other manner by the child.
' { + SECTION 4. + } { + The amendments to ORS 163.095,
163.160 and 163.185 by sections 1 to 3 of this 2009 Act apply to
conduct occurring on or after the effective date of this 2009
Act. + } ' .
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