Bill Text: OR HB2971 | 2011 | Regular Session | Introduced

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Bill Title: Relating to crime.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2971 Detail]

Download: Oregon-2011-HB2971-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 3124

                         House Bill 2971

Sponsored by Representative JENSON (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.

  Elevates crime of strangulation to Class C felony under certain
circumstances. Punishes by maximum of five years' imprisonment,
$125,000 fine, or both.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  163.187.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.187 is amended to read:
  163.187. (1) A person commits the crime of strangulation if the
person knowingly impedes the normal breathing or circulation of
the blood of another person by:
  (a) Applying pressure on the throat or neck of the other
person; or
  (b) Blocking the nose or mouth of the other person.
  (2) Subsection (1) of this section does not apply to legitimate
medical or dental procedures or good faith practices of a
religious belief.
  (3) Strangulation is a Class A misdemeanor.
   { +  (4) Notwithstanding subsection (3) of this section,
strangulation is a Class C felony if:
  (a) The crime is committed in the immediate presence of, or is
witnessed by, the person's or the victim's minor child or
stepchild or a minor child residing within the household of the
person or victim;
  (b) The person used, attempted to use or threatened to use a
dangerous weapon during the commission of the crime;
  (c) The person caused physical injury to the victim during the
commission of the crime;
  (d) The person has a previous conviction for violating this
section or for an equivalent crime in another jurisdiction;
  (e) The person has a previous conviction for violating ORS
163.160, 163.165, 163.175 or 163.190, or for an equivalent crime
in another jurisdiction, and the victim in the previous
conviction is the same person who is the victim of the current
conviction; or
  (f) The person has at least three previous convictions, in any
combination, for violating ORS 163.160, 163.165, 163.175 or
163.190 or for equivalent crimes in another jurisdiction.

  (5) For the purposes of subsection (4)(a) of this section, the
crime is witnessed if the crime is seen or directly perceived in
any other manner by the child. + }
  SECTION 2.  { + The amendments to ORS 163.187 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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