Bill Text: OR HB2314 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to intimidation.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2314 Detail]

Download: Oregon-2013-HB2314-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1371

                           A-Engrossed

                         House Bill 2314
                  Ordered by the House April 24
            Including House Amendments dated April 24

Sponsored by Representatives GELSER, OLSON (at the request of
  John Haroldson) (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.

  Modifies crimes of intimidation in first and second degree.
    { - Prohibits court from setting aside conviction for
intimidation in any degree. - }
    { - Prohibits civil compromise of crime committed because of
defendant's perception of another person's race, color, religion,
sexual orientation, disability or national origin. - }
                        A BILL FOR AN ACT
Relating to intimidation; amending ORS 166.155 and 166.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.165 is amended to read:
  166.165. (1)   { - Two or more persons acting together
commit - }   { + A person commits + } the crime of intimidation
in the first degree, if the   { - persons - }  { +  person + }:
  (a)(A) Intentionally, knowingly or recklessly   { - cause - }
 { + causes + } physical injury to another person because of the
 { - actors' - }  { +  person's  + }perception of   { - that - }
 { + the other + } person's race,  { + ethnicity, + } color,
religion, sexual orientation,  { + sex, + } disability or
national origin; or
  (B) With criminal negligence   { - cause - }   { + causes + }
physical injury to another person by means of a deadly weapon
because of the
  { - actors' - }  { +  person's + } perception of   { - that - }
 { + the other + } person's race,  { +  ethnicity, + } color,
religion, sexual orientation,  { + sex, + } disability or
national origin;  { + or + }
  (b) Intentionally, because of the   { - actors' - }
 { + person's + } perception of another person's race,
 { + ethnicity, + } color, religion, sexual orientation,
 { + sex, + } disability or national origin,   { - place - }
 { + places + } another person in fear of imminent serious
physical injury { + . + }  { - ; or - }
    { - (c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone. - }
  (2) Intimidation in the first degree is a Class C felony.
  SECTION 2. ORS 166.155 is amended to read:
  166.155. (1) A person commits the crime of intimidation in the
second degree if the person:
  (a) Tampers or interferes with property, having no right to do
so nor reasonable ground to believe that the person has such
right, with the intent to cause substantial inconvenience to
another  { + person  + }because of the person's perception of the
 { - other's - }  { + other person's  + }race,
 { + ethnicity, + } color, religion, sexual orientation,
 { + sex, + } disability or national origin;
  (b) Intentionally subjects another  { + person + } to offensive
physical contact because of the person's perception of the
  { - other's - }   { + other person's + } race,
 { + ethnicity, + } color, religion, sexual orientation,
 { + sex, + } disability or national origin; or
  (c) Intentionally, because of the person's perception of { +
the + } race,  { + ethnicity, + } color, religion, sexual
orientation,  { + sex, + } disability or national origin of
another  { + person + } or of a member of the   { - other's - }
 { + other person's + } family, subjects the other person to
alarm by threatening  { - : - }
    { - (A) To inflict serious physical injury upon or to commit
a felony affecting the other person, or a member of the person's
family; or - }
    { - (B) - }  to cause substantial damage to the property of
the other person or of a member of the other person's family.
  (2) Intimidation in the second degree is a Class A misdemeanor.
  (3) For purposes of this section, 'property' means any tangible
personal property or real property.
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