Bill Text: OR HB3142 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to crime.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-28 - Chapter 529, (2011 Laws): Effective date January 1, 2012. [HB3142 Detail]

Download: Oregon-2011-HB3142-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3142

Sponsored by Representatives BARKER, HICKS

                     CHAPTER ................

                             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) 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) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger; or
  (i) 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

Enrolled House Bill 3142 (HB 3142-INTRO)                   Page 1

  (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 youth correction facility staff
member, + } 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 { + , youth + } 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 { + , youth + } or youth
offenders.
  (b) '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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Passed by House March 10, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 14, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3142 (HB 3142-INTRO)                   Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3142 (HB 3142-INTRO)                   Page 3