Bill Text: OR HB2409 | 2013 | Regular Session | Introduced
Bill Title: Relating to controlled substances; declaring an emergency.
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2409 Detail]
Download: Oregon-2013-HB2409-Introduced.html
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 1273
House Bill 2409
Sponsored by Representatives GILLIAM, BARTON; Representatives
GARRETT, OLSON, TOMEI, Senator JOHNSON (at the request of John
S. Foote, Clackamas County District Attorney) (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.
Modifies controlled substance offenses where occurrence of
offense within 1,000 feet of school is element of crime to
include preschools.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to controlled substances; creating new provisions;
amending ORS 430.590, 475.808, 475.812, 475.818, 475.822,
475.828, 475.832, 475.848, 475.852, 475.858, 475.860, 475.862,
475.864, 475.868, 475.872, 475.878, 475.882, 475.888, 475.892
and 475.904; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 430.590 is amended to read:
430.590. (1) It is unlawful for any person to commence
operating a methadone clinic:
(a) Within 1,000 feet of the real property comprising an
existing public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors; or
(b) Within 1,000 feet of the real property comprising an
existing licensed child care facility. As used in this section, '
licensed child care facility' means a child care center certified
under ORS 657A.280 that is operating under authority of a valid
business license.
(2) Commencing operation of a methadone clinic within 1,000
feet of a { + preschool, + } school or licensed child care
facility is a nuisance and operation of the clinic shall be
enjoined and abated as provided in ORS 105.550 to 105.600.
SECTION 2. ORS 475.808 is amended to read:
475.808. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
hydrocodone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of hydrocodone within 1,000 feet of a
{ + preschool or + }school is a Class B felony.
SECTION 3. ORS 475.812 is amended to read:
475.812. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to deliver
hydrocodone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful delivery of hydrocodone within 1,000 feet of a
{ + preschool or + } school is a Class B felony.
SECTION 4. ORS 475.818 is amended to read:
475.818. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
methadone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of methadone within 1,000 feet of a
{ + preschool or + } school is a Class A felony.
SECTION 5. ORS 475.822 is amended to read:
475.822. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to deliver
methadone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful delivery of methadone within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 6. ORS 475.828 is amended to read:
475.828. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
oxycodone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of oxycodone within 1,000 feet of a
{ + preschool or + } school is a Class A felony.
SECTION 7. ORS 475.832 is amended to read:
475.832. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to deliver
oxycodone within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful delivery of oxycodone within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 8. ORS 475.848 is amended to read:
475.848. (1) It is unlawful for any person to manufacture
heroin within 1,000 feet of the real property comprising a public
or private { - elementary, secondary or career school - }
{ + preschool or school + } attended primarily by minors.
(2) Unlawful manufacture of heroin within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 9. ORS 475.852 is amended to read:
475.852. (1) It is unlawful for any person to deliver heroin
within 1,000 feet of the real property comprising a public or
private { - elementary, secondary or career school - }
{ + preschool or school + } attended primarily by minors.
(2) Unlawful delivery of heroin within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 10. ORS 475.858 is amended to read:
475.858. (1) It is unlawful for any person to manufacture
marijuana within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of marijuana within 1,000 feet of a
{ + preschool or + } school is a Class A felony.
SECTION 11. ORS 475.860 is amended to read:
475.860. (1) It is unlawful for any person to deliver
marijuana.
(2) Unlawful delivery of marijuana is a:
(a) Class B felony if the delivery is for consideration.
(b) Class C felony if the delivery is for no consideration.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of marijuana is a:
(a) Class A misdemeanor, if the delivery is for no
consideration and consists of less than one avoirdupois ounce of
the dried leaves, stems and flowers of the plant Cannabis family
Moraceae; or
(b) Violation, if the delivery is for no consideration and
consists of less than five grams of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this paragraph is a specific fine violation. The presumptive fine
for a violation under this paragraph is $650.
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful delivery of marijuana is a:
(a) Class A felony, if the delivery is to a person under 18
years of age and the defendant is at least 18 years of age and is
at least three years older than the person to whom the marijuana
is delivered; or
(b) Class C misdemeanor, if the delivery:
(A) Is for no consideration;
(B) Consists of less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae;
(C) Takes place in a public place, as defined in ORS 161.015,
that is within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors; and
(D) Is to a person who is 18 years of age or older.
SECTION 12. ORS 475.862 is amended to read:
475.862. (1) It is unlawful for any person to deliver marijuana
within 1,000 feet of the real property comprising a public or
private { - elementary, secondary or career school - }
{ + preschool or school + } attended primarily by minors.
(2) Unlawful delivery of marijuana within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 13. ORS 475.864 is amended to read:
475.864. (1) It is unlawful for any person knowingly or
intentionally to possess marijuana.
(2) Unlawful possession of marijuana is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
possession of marijuana is a violation if the amount possessed is
less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this subsection is a specific fine violation. The presumptive
fine for a violation under this subsection is $650.
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful possession of marijuana is a Class C misdemeanor if the
amount possessed is less than one avoirdupois ounce of the dried
leaves, stems and flowers of the plant Cannabis family Moraceae
and the possession takes place in a public place, as defined in
ORS 161.015, that is within 1,000 feet of the real property
comprising a public or private { - elementary, secondary or
career school - } { + preschool or school + } attended
primarily by minors.
SECTION 14. ORS 475.868 is amended to read:
475.868. (1) It is unlawful for any person to manufacture
3,4-methylenedioxymethamphetamine within 1,000 feet of the real
property comprising a public or private { - elementary,
secondary or career school - } { + preschool or school + }
attended primarily by minors.
(2) Unlawful manufacture of 3,4-methylenedioxymethamphetamine
within 1,000 feet of a { + preschool or + } school is a Class A
felony.
SECTION 15. ORS 475.872 is amended to read:
475.872. (1) It is unlawful for any person to deliver
3,4-methylenedioxymethamphetamine within 1,000 feet of the real
property comprising a public or private { - elementary,
secondary or career school - } { + preschool or school + }
attended primarily by minors.
(2) Unlawful delivery of 3,4-methylenedioxymethamphetamine
within 1,000 feet of a { + preschool or + } school is a Class A
felony.
SECTION 16. ORS 475.878 is amended to read:
475.878. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
cocaine within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of cocaine within 1,000 feet of a
{ + preschool or + } school is a Class A felony.
SECTION 17. ORS 475.882 is amended to read:
475.882. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to deliver
cocaine within 1,000 feet of the real property comprising a
public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful delivery of cocaine within 1,000 feet of a { +
preschool or + } school is a Class A felony.
SECTION 18. ORS 475.888 is amended to read:
475.888. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
methamphetamine within 1,000 feet of the real property comprising
a public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful manufacture of methamphetamine within 1,000 feet
of a { + preschool or + } school is a Class A felony.
(3) The minimum fine for unlawful manufacture of
methamphetamine within 1,000 feet of a { + preschool or + }
school is $1,000.
SECTION 19. ORS 475.892 is amended to read:
475.892. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to deliver
methamphetamine within 1,000 feet of the real property comprising
a public or private { - elementary, secondary or career
school - } { + preschool or school + } attended primarily by
minors.
(2) Unlawful delivery of methamphetamine within 1,000 feet of a
{ + preschool or + } school is a Class A felony.
(3) The minimum fine for unlawful delivery of methamphetamine
within 1,000 feet of a { + preschool or + } school is $500.
SECTION 20. ORS 475.904 is amended to read:
475.904. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
or deliver a schedule I, II or III controlled substance within
1,000 feet of the real property comprising a public or private
{ - elementary, secondary or career school - } { + preschool or
school + } attended primarily by minors.
(2) Unlawful manufacture or delivery of a controlled substance
within 1,000 feet of a { + preschool or + } school is a Class A
felony, except as otherwise provided in ORS 475.860.
SECTION 21. { + The amendments to ORS 430.590, 475.808,
475.812, 475.818, 475.822, 475.828, 475.832, 475.848, 475.852,
475.858, 475.860, 475.862, 475.864, 475.868, 475.872, 475.878,
475.882, 475.888, 475.892 and 475.904 by sections 1 to 20 of this
2013 Act apply to conduct occurring on or after the effective
date of this 2013 Act. + }
SECTION 22. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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