Bill Text: OR HB2999 | 2011 | Regular Session | Introduced

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Bill Title: Relating to use of physical force.

Spectrum: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2999 Detail]

Download: Oregon-2011-HB2999-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 2142

                         House Bill 2999

Sponsored by Representatives KRIEGER, BARKER (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.

  Authorizes persons engaged in lawful activity to stand ground
and use force in self-defense.
  Establishes civil and criminal presumption that use of deadly
physical force is lawful under specified circumstances.
Authorizes court to award costs and fees to person using force if
civil action results and plaintiff fails to overcome presumption.

                        A BILL FOR AN ACT
Relating to use of physical force; creating new provisions; and
  amending ORS 161.219 and 166.220.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.219 is amended to read:
  161.219.  { + (1) + } Notwithstanding the provisions of ORS
161.209, a person is not justified in using deadly physical force
upon another person unless the person reasonably believes that
the other person is:
    { - (1) - }  { +  (a) + } Committing or attempting to commit
a felony involving the use or threatened imminent use of physical
force against a person;   { - or - }
    { - (2) - }  { +  (b) + } Committing or attempting to commit
a burglary in a dwelling;   { - or - }
    { - (3) - }  { +  (c) + } Using or about to use unlawful
deadly physical force against a person  { - . - }  { + ; or
  (d) Otherwise engaging in conduct described in subsection (2)
of this section. + }
   { +  (2) A person is presumed to reasonably believe that
deadly physical force is necessary under subsection (1)(b) of
this section if the person reasonably believes that the person
against whom the force is used has unlawfully and forcibly
entered a dwelling or is attempting to do so.
  (3) The presumption described in subsection (2) of this section
does not apply if the person against whom force is used:
  (a) Has the right to be in the dwelling, such as an owner,
lessee or titleholder, and there is not an injunction for
protection from domestic violence or a written pretrial order of
no contact against the person; or
  (b) Is a law enforcement officer, as defined in ORS 133.726,
entering or attempting to enter a dwelling in the performance of
official duties and the person using force knows or reasonably
should know that the person entering or attempting to enter the
dwelling is a law enforcement officer.
  (4) As used in this section, 'dwelling' has the meaning given
that term in ORS 164.205. + }
  SECTION 2.  { + Section 3 of this 2011 Act is added to and made
a part of ORS 161.195 to 161.275. + }
  SECTION 3.  { + A person has no duty to retreat and may stand
the person's ground and meet force with force, including deadly
physical force, if:
  (1) The person is not engaged in unlawful activity; and
  (2) The use of force is otherwise justified by ORS 161.195 to
161.275. + }
  SECTION 4. ORS 166.220 is amended to read:
  166.220. (1) A person commits the crime of unlawful use of a
weapon if the person:
  (a) Attempts to use unlawfully against another, or carries or
possesses with intent to use unlawfully against another, any
dangerous or deadly weapon as defined in ORS 161.015; or
  (b) Intentionally discharges a firearm, blowgun, bow and arrow,
crossbow or explosive device within the city limits of any city
or within residential areas within urban growth boundaries at or
in the direction of any person, building, structure or vehicle
within the range of the weapon without having legal authority for
such discharge.
  (2) This section does not apply to:
  (a) Police officers or military personnel in the lawful
performance of their official duties;
  (b) Persons lawfully defending life or property as provided in
ORS   { - 161.219 - }   { + 161.195 to 161.275 + };
  (c) Persons discharging firearms, blowguns, bows and arrows,
crossbows or explosive devices upon public or private shooting
ranges, shooting galleries or other areas designated and built
for the purpose of target shooting;
  (d) Persons lawfully engaged in hunting in compliance with
rules and regulations adopted by the State Department of Fish and
Wildlife; or
  (e) An employee of the United States Department of Agriculture,
acting within the scope of employment, discharging a firearm in
the course of the lawful taking of wildlife.
  (3) Unlawful use of a weapon is a Class C felony.
  SECTION 5.  { + (1) The presumption described in ORS 161.219
applies in a civil action brought against the person using force
and, if unrebutted, is a complete defense in the action.
  (2) When a plaintiff fails to overcome the presumption
described in subsection (1) of this section, the court shall
award reasonable attorney fees, court costs, compensation for
loss of income and all other expenses incurred by the civil
defendant. + }
  SECTION 6.  { + Sections 3 and 5 of this 2011 Act and the
amendments to ORS 161.219 and 166.220 by sections 1 and 4 of this
2011 Act apply to conduct occurring on or after the effective
date of this 2011 Act. + }
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