Bill Text: OR HB2760 | 2011 | Regular Session | Introduced

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Bill Title: Relating to trafficking in illegal aliens; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2760 Detail]

Download: Oregon-2011-HB2760-Introduced.html

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     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 201

                         House Bill 2760

Sponsored by Representative CLEM (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 illegal aliens. Punishes by
maximum of 20 years' imprisonment, $375,000 fine, or both.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to trafficking in illegal aliens; creating new
  provisions; amending ORS 131.602 and 161.005; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the crime of trafficking
in illegal aliens if the person, for consideration,
intentionally:
  (a) Solicits another person to reside and work in this state,
knowing the other person is not legally authorized to be present
in the United States; or
  (b) Transports another person into this state knowing the other
person is not legally authorized to be present in the United
States.
  (2) Trafficking in illegal aliens is a Class A felony. + }
  SECTION 2. ORS 161.005 is amended to read:
  161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.196, 163.215 to 163.257, 163.261, 163.263,
163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432,
163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015
to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002
to 165.102, 165.109, 165.118, 165.805, 166.005 to 166.095,
166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.054,
167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203
to 167.252, 167.310 to 167.340 and 167.350, 167.810 and 167.820
 { + and section 1 of this 2011 Act + } shall be known and may be
cited as Oregon Criminal Code of 1971.
  SECTION 3. 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) Trafficking in illegal aliens, as defined in
section 1 of this 2011 Act. + }
    { - (143) - }   { + (144) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (142) - }   { + (143) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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