Bill Text: OR SB1527 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to crime; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-03-27 - Effective date, March 27, 2012. [SB1527 Detail]

Download: Oregon-2012-SB1527-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 51

                           A-Engrossed

                        Senate Bill 1527
                Ordered by the Senate February 9
          Including Senate Amendments dated February 9

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

    { - Decreases penalty for crime of cheating to maximum of one
year's imprisonment, $6,250 fine, or both. - }
   { +  Makes technical correction to provision that makes
strangulation Class C felony under certain circumstances.
  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to crime; amending ORS 163.187; and declaring an
  emergency.
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 the victim;
  (b) The victim is under 10 years of age;
  (c) During the commission of the crime, the person used,
attempted to use or threatened to use a dangerous or deadly
weapon, as those terms are defined in ORS 161.015, unlawfully
against another;

  (d) The person has been previously convicted of violating this
section or of committing an equivalent crime in another
jurisdiction;
  (e) The person has been previously convicted of violating ORS
163.160, 163.165, 163.175, 163.185 or 163.190 or of committing 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 - }  { +  crime + }; or
  (f) The person has at least three previous convictions of any
combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190
or of equivalent crimes in other jurisdictions.
  (5) For purposes of subsection (4)(a) of this section, a
strangulation is witnessed if the strangulation is seen or
directly perceived in any other manner by the child.
  SECTION 2.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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