Bill Text: OR HB2877 | 2011 | Regular Session | Introduced

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Bill Title: Relating to crime.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2877 Detail]

Download: Oregon-2011-HB2877-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 2494

                         House Bill 2877

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.

  Expands crime of assault in third degree to include, under
certain circumstances, causing physical injury to person employed
at state mental hospital.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  163.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.165 is amended to read:
  163.165. (1) A person commits the crime of assault in the third
degree if the person:
  (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
  (b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
  (c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
  (d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' has the meaning given that term in ORS 166.116;
  (e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
  (f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
   { +  (g) While committed to a state hospital after having been
found guilty except for insanity of a crime, intentionally or
knowingly causes physical injury to a person employed at the
hospital knowing that the other person is acting in the course of
official duty; + }
    { - (g) - }  { +  (h) + } Intentionally, knowingly or
recklessly causes physical injury to an emergency medical
technician, as defined in ORS 682.025, or a paramedic while the
emergency medical technician or paramedic is performing official
duties;
    { - (h) - }  { +  (i) + } Being at least 18 years of age,
intentionally or knowingly causes physical injury to a child 10
years of age or younger; or
    { - (i) - }  { +  (j) + } Intentionally, knowingly or
recklessly causes, by means other than a motor vehicle, physical
injury to the operator of a taxi while the operator is in control
of the taxi.
  (2)(a) Assault in the third degree is a Class C felony.
  (b) Notwithstanding paragraph (a) of this subsection, assault
in the third degree under subsection (1)(a) or (b) of this
section is a Class B felony if:
  (A) The assault resulted from the operation of a motor vehicle;
and
  (B) The defendant was the driver of the motor vehicle and was
driving while under the influence of intoxicants.
  (3) As used in this section:
  (a) 'Staff member' means:
  (A) A corrections officer as defined in ORS 181.610, a youth
correction officer, a Department of Corrections or Oregon Youth
Authority staff member or a person employed pursuant to a
contract with the department or youth authority to work with, or
in the vicinity of, inmates or youth offenders; and
  (B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
   { +  (b) 'State hospital' has the meaning given that term in
ORS 162.135. + }
    { - (b) - }  { +  (c) + } 'Youth correction facility' has the
meaning given that term in ORS 162.135.
  SECTION 2.  { + The amendments to ORS 163.165 by section 1 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
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