76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1055
 
                         House Bill 2824
 
Sponsored by Representative GELSER; Representatives BAILEY,
  BARKER, NATHANSON, READ (at the request of Pete Dunn)
  (Presession filed.)
 
 
                             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.
 
  Creates crime of trafficking in bicycles with a destroyed or
altered serial number. Punishes by maximum of 30 days'
imprisonment, $1,250 fine, or both.
  Authorizes forfeiture of bicycle.
 
                        A BILL FOR AN ACT
Relating to bicycles; creating new provisions; and amending ORS
  131.602 and 819.430.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the offense of trafficking
in bicycles with a destroyed or altered serial number if the
person knowingly buys, sells, receives, disposes of, conceals or
has in the person's possession a bicycle from which the serial
number has been removed, defaced, covered, altered or destroyed
for the purpose of concealing or misrepresenting the identity of
the bicycle.
  (2) Violation of subsection (1) of this section constitutes
prohibited conduct for purposes of ORS chapter 131A, and shall
give rise to civil in rem forfeiture as provided in ORS chapter
131A. A judgment providing for forfeiture shall direct that the
bicycle be destroyed.
  (3) The offense described in this section, trafficking in
bicycles with a destroyed or altered serial number, is a Class C
misdemeanor. + }
  SECTION 2. ORS 131.602 is amended to read:
  131.602. The crimes to which ORS 131.550 (12)(b) applies are:
  (1) Bribe giving, as defined in ORS 162.015.
  (2) Bribe receiving, as defined in ORS 162.025.
  (3) Public investment fraud, as defined in ORS 162.117.
  (4) Bribing a witness, as defined in ORS 162.265.
  (5) Bribe receiving by a witness, as defined in ORS 162.275.
  (6) Simulating legal process, as defined in ORS 162.355.
  (7) Official misconduct in the first degree, as defined in ORS
162.415.
  (8) Custodial interference in the second degree, as defined in
ORS 163.245.
  (9) Custodial interference in the first degree, as defined in
ORS 163.257.
 
  (10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
  (11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
  (12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
  (13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
  (14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
  (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
  (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
  (17) Theft in the second degree, as defined in ORS 164.045.
  (18) Theft in the first degree, as defined in ORS 164.055.
  (19) Aggravated theft in the first degree, as defined in ORS
164.057.
  (20) Theft by extortion, as defined in ORS 164.075.
  (21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
  (22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
  (23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
  (24) Unauthorized use of a vehicle, as defined in ORS 164.135.
  (25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
  (26) Laundering a monetary instrument, as defined in ORS
164.170.
  (27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
  (28) Burglary in the second degree, as defined in ORS 164.215.
  (29) Burglary in the first degree, as defined in ORS 164.225.
  (30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
  (31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
  (32) Arson in the second degree, as defined in ORS 164.315.
  (33) Arson in the first degree, as defined in ORS 164.325.
  (34) Computer crime, as defined in ORS 164.377.
  (35) Robbery in the third degree, as defined in ORS 164.395.
  (36) Robbery in the second degree, as defined in ORS 164.405.
  (37) Robbery in the first degree, as defined in ORS 164.415.
  (38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
  (39) Unlawful recording of a live performance, as defined in
ORS 164.869.
  (40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
  (41) A violation of ORS 164.886.
  (42)(a) Endangering aircraft in the first degree, as defined in
ORS 164.885.
  (b) Endangering aircraft in the second degree, as defined in
ORS 164.885.
  (43) Interference with agricultural operations, as defined in
ORS 164.887.
  (44) Forgery in the second degree, as defined in ORS 165.007.
  (45) Forgery in the first degree, as defined in ORS 165.013.
  (46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
  (47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
 
  (48) Criminal possession of a forgery device, as defined in ORS
165.032.
  (49) Criminal simulation, as defined in ORS 165.037.
  (50) Fraudulently obtaining a signature, as defined in ORS
165.042.
  (51) Fraudulent use of a credit card, as defined in ORS
165.055.
  (52) Negotiating a bad check, as defined in ORS 165.065.
  (53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
  (54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
  (55) Falsifying business records, as defined in ORS 165.080.
  (56) Sports bribery, as defined in ORS 165.085.
  (57) Sports bribe receiving, as defined in ORS 165.090.
  (58) Misapplication of entrusted property, as defined in ORS
165.095.
  (59) Issuing a false financial statement, as defined in ORS
165.100.
  (60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
  (61) A violation of ORS 165.543.
  (62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
  (63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
  (64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
  (65) Identity theft, as defined in ORS 165.800.
  (66) A violation of ORS 166.190.
  (67) Unlawful use of a weapon, as defined in ORS 166.220.
  (68) A violation of ORS 166.240.
  (69) Unlawful possession of a firearm, as defined in ORS
166.250.
  (70) A violation of ORS 166.270.
  (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
  (72) A violation of ORS 166.275.
  (73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
  (74) A violation of ORS 166.370.
  (75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
  (76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
  (77) Possession of a hoax destructive device, as defined in ORS
166.385.
  (78) A violation of ORS 166.410.
  (79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
  (80) Improperly transferring a firearm, as defined in ORS
166.418.
  (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
  (82) A violation of ORS 166.429.
  (83) A violation of ORS 166.470.
  (84) A violation of ORS 166.480.
  (85) A violation of ORS 166.635.
  (86) A violation of ORS 166.638.
  (87) Unlawful paramilitary activity, as defined in ORS 166.660.
  (88) A violation of ORS 166.720.
  (89) Prostitution, as defined in ORS 167.007.
  (90) Promoting prostitution, as defined in ORS 167.012.
  (91) Compelling prostitution, as defined in ORS 167.017.
 
  (92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
  (93) Unlawful gambling in the second degree, as defined in ORS
167.122.
  (94) Unlawful gambling in the first degree, as defined in ORS
167.127.
  (95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
  (96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
  (97) Possession of a gambling device, as defined in ORS
167.147.
  (98) Possession of a gray machine, as defined in ORS 167.164.
  (99) Cheating, as defined in ORS 167.167.
  (100) Tampering with drug records, as defined in ORS 167.212.
  (101) A violation of ORS 167.262.
  (102) Research and animal interference, as defined in ORS
167.312.
  (103) Animal abuse in the first degree, as defined in ORS
167.320.
  (104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
  (105) Animal neglect in the first degree, as defined in ORS
167.330.
  (106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
  (107) Involvement in animal fighting, as defined in ORS
167.355.
  (108) Dogfighting, as defined in ORS 167.365.
  (109) Participation in dogfighting, as defined in ORS 167.370.
  (110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
  (111) Interference with livestock production, as defined in ORS
167.388.
  (112) A violation of ORS 167.390.
  (113) Participation in cockfighting, as defined in ORS 167.431.
  (114) A violation of ORS 471.410.
  (115) Failure to report missing precursor substances, as
defined in ORS 475.955.
  (116) Illegally selling drug equipment, as defined in ORS
475.960.
  (117) Providing false information on a precursor substances
report, as defined in ORS 475.965.
  (118) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
  (119) A violation of ORS 475.840, if it is a felony or a Class
A misdemeanor.
  (120) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
  (121) A violation of ORS 475.916.
  (122) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
  (123) A violation of ORS 475.904.
  (124) Misuse of an identification card, as defined in ORS
807.430.
  (125) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
  (126) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
  (127) Using an invalid license, as defined in ORS 807.580.
  (128) Permitting misuse of a license, as defined in ORS
807.590.
  (129) Using another's license, as defined in ORS 807.600.
  (130) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
 
  (131) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
  (132) Unlawful distribution of cigarettes, as defined in ORS
323.482.
  (133) Unlawful distribution of tobacco products, as defined in
ORS 323.632.
  (134) A violation of ORS 180.440 (2) or 180.486 (2).
  (135) A violation described in ORS 475.846 to 475.894, if it is
a felony.
  (136) Subjecting another person to involuntary servitude in the
first degree, as defined in ORS 163.264.
  (137) Subjecting another person to involuntary servitude in the
second degree, as defined in ORS 163.263.
  (138) Trafficking in persons, as defined in ORS 163.266.
  (139) Furnishing sexually explicit material to a child, as
defined in ORS 167.054.
  (140) Luring a minor, as defined in ORS 167.057.
  (141) Online sexual corruption of a child in the second degree,
as defined in ORS 163.432.
  (142) Online sexual corruption of a child in the first degree,
as defined in ORS 163.433.
  (143) An attempt, conspiracy or solicitation to commit a crime
in subsections (1) to (142) of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
   { +  (144) Trafficking in bicycles with a destroyed or altered
serial number, as described in section 1 of this 2011 Act. + }
  SECTION 3. ORS 819.430 is amended to read:
  819.430. (1) A person commits the offense of trafficking in
vehicles with destroyed or altered identification numbers if the
person knowingly buys, sells, receives, disposes of, conceals or
has in the person's possession any vehicle or component from
which the vehicle identification number has been removed,
defaced, covered, altered or destroyed for the purpose of
concealing or misrepresenting the identity of the vehicle or
component.
   { +  (2) This section does not apply to bicycles. + }
    { - (2) - }  { +  (3) + } The offense described in this
section, trafficking in vehicles with destroyed or altered
identification numbers, is a Class A misdemeanor.
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