Bill Text: OR HB3529 | 2011 | Regular Session | Introduced

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Bill Title: Relating to agricultural theft.

Sponsorship: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3529 Detail]

Download: Oregon-2011-HB3529-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 3277

                         House Bill 3529

Sponsored by Representative J SMITH; Representatives BARNHART,
  BERGER, BEYER, BOONE, CANNON, CLEM, FREEMAN, GILLIAM, HUFFMAN,
  HUNT, KENNEMER, SCHAUFLER, WEIDNER, WHISNANT, WITT, Senators
  ATKINSON, BATES, MONROE

                             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.

  Modifies crime of theft in first degree to include theft of
agricultural property under certain circumstances.

                        A BILL FOR AN ACT
Relating to agricultural theft; creating new provisions; and
  amending ORS 164.055.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 164.055 is amended to read:
  164.055. (1) A person commits the crime of theft in the first
degree if, by means other than extortion, the person commits
theft as defined in ORS 164.015 and:
  (a) The total value of the property in a single or aggregate
transaction is $1,000 or more;
  (b) The theft is committed during a riot, fire, explosion,
catastrophe or other emergency in an area affected by the riot,
fire, explosion, catastrophe or other emergency;
  (c) The theft is theft by receiving committed by buying,
selling, borrowing or lending on the security of the property;
  (d) The subject of the theft is a firearm or explosive;
  (e) The subject of the theft is a livestock animal, a companion
animal or a wild animal removed from habitat or born of a wild
animal removed from habitat, pursuant to ORS 497.308 (2)(c);
 { - or - }
  (f) The subject of the theft is a precursor substance { + ; or
  (g)(A) The subject of the theft is agricultural property that
is valued at $100 or more;
  (B) The theft is committed from property that has been granted
farm use special assessment under ORS 308A.050 to 308A.128; and
  (C) During the commission of the theft, the person commits
criminal trespass in the second degree as defined in ORS
164.245 + }.
  (2) As used in this section:
   { +  (a) 'Agricultural property' means horticultural products,
viticultural products, fruits, berries, vegetables, hops, mint
oil, hazelnuts or other nuts, dairy products, bee products, hay
or straw baled and prepared for market and Christmas trees as
defined in ORS 571.505. + }

    { - (a) - }  { +  (b) + } 'Companion animal' means a dog or
cat possessed by a person, business or other entity for purposes
of companionship, security, hunting, herding or providing
assistance in relation to a physical disability.
    { - (b) - }  { +  (c) + } 'Explosive' means a chemical
compound, mixture or device that is commonly used or intended for
the purpose of producing a chemical reaction resulting in a
substantially instantaneous release of gas and heat, including
but not limited to dynamite, blasting powder, nitroglycerin,
blasting caps and nitrojelly, but excluding fireworks as defined
in ORS 480.110 (1), black powder, smokeless powder, small arms
ammunition and small arms ammunition primers.
    { - (c) - }  { +  (d) + } 'Firearm' has the meaning given
that term in ORS 166.210.
    { - (d) - }  { +  (e) + } 'Livestock animal' means a ratite,
psittacine, horse, gelding, mare, filly, stallion, colt, mule,
ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig
or hog.
    { - (e) - }  { +  (f) + } 'Precursor substance' has the
meaning given that term in ORS 475.940.
  (3) Theft in the first degree is a Class C felony.
  SECTION 2.  { + The amendments to ORS 164.055 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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