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 3894
A-Engrossed
Senate Bill 984
Ordered by the Senate June 23
Including Senate Amendments dated June 23
Sponsored by Senator COURTNEY; Senators ATKINSON, FERRIOLI,
GEORGE, GIROD, KRUSE, STARR, TELFER, WHITSETT
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.
Classifies crime of murder as aggravated murder if { - victim
was pregnant woman and defendant knew or reasonably should have
known that victim was pregnant - } { + defendant committed
murder knowing victim was pregnant + }.
{ + Provides that person commits crime of assault in first
degree if person commits crime of assault in second degree
knowing that victim is pregnant.
Provides that person who commits crime of assault in fourth
degree knowing that victim is pregnant is subject to five years'
imprisonment, $125,000 fine, or both. + }
{ - Declares emergency, effective on passage. - }
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 163.095,
163.160 and 163.185.
Be It Enacted by the People of the State of Oregon:
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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