Bill Text: OR SB1594 | 2012 | Regular Session | Engrossed
Bill Title: Relating to weapons on school grounds; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-01 - Vote explanation(s) filed by Boquist, Prozanski. [SB1594 Detail]
Download: Oregon-2012-SB1594-Engrossed.html
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 323
A-Engrossed
Senate Bill 1594
Ordered by the Senate February 29
Including Senate Amendments dated February 29
Sponsored by Senator COURTNEY
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.
Eliminates affirmative defense exempting concealed handgun
licensees from crime applicable to possession of firearm or other
instrument used as dangerous weapon, while on school grounds.
{ + Allows school district, community college district, Oregon
University System or other institution, organization or district
that controls school grounds to adopt rule or written policy
creating such exemption. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to weapons on school grounds; creating new provisions;
amending ORS 166.173, 166.262, 166.360, 166.370 and 419A.004;
repealing ORS 166.380; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.370 is amended to read:
166.370. (1) { + (a) + } { - Any - } { + A + } person who
intentionally possesses a
{ - loaded or unloaded - } firearm or any other instrument
used as a dangerous weapon, while in or on a public building,
{ - shall upon conviction be guilty of - } { + commits + } a
Class C felony.
{ + (b) A person who intentionally possesses a firearm or any
other instrument used as a dangerous weapon, while on school
grounds, commits a Class C felony. + }
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person who intentionally possesses:
(A) A firearm in a court facility { - is guilty, upon
conviction, of - } { + commits + } a Class C felony. A person
who intentionally possesses a firearm in a court facility shall
surrender the firearm to a law enforcement officer.
(B) A weapon, other than a firearm, in a court facility may be
required to surrender the weapon to a law enforcement officer or
to immediately remove it from the court facility. A person who
fails to comply with this subparagraph { - is guilty, upon
conviction, of - } { + commits + } a Class C felony.
(b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility.
(3) Subsection (1) of this section does not apply to:
(a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
(b) A person summoned by a peace officer to assist in making an
arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
(c) An active or reserve member of the military forces of this
state or the United States, when engaged in the performance of
duty.
{ - (d) A person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun. - }
{ - (e) - } { + (d) + } A person who is authorized by the
{ - officer or agency - } { + person or entity + } that
controls the public building { + or the school grounds + } to
possess a firearm or dangerous weapon in { - that - } { + or
on the + } public building { + or on the school grounds + }.
{ - (f) - } { + (e) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a firearm in the course of the lawful taking of
wildlife.
{ + (4)(a) Subsection (1)(a) of this section does not apply
to a person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
(b) Subsection (1)(b) of this section does not apply to the
possession of a firearm by:
(A) A person who is not otherwise prohibited from possessing
the firearm, if the firearm is unloaded and locked in a motor
vehicle.
(B) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun, if the school district, community
college district, Oregon University System or other institution,
organization or district that controls the school grounds adopts
a rule or a written policy that authorizes persons licensed under
ORS 166.291 and 166.292 to possess a firearm on the school
grounds under the control of the district, system, institution or
organization. + }
{ - (g) Possession of a firearm on school property if the
firearm: - }
{ - (A) Is possessed by a person who is not otherwise
prohibited from possessing the firearm; and - }
{ - (B) Is unloaded and locked in a motor vehicle. - }
{ - (4) - } { + (5) + } The { - exceptions listed - }
{ + defenses described + } in subsection (3)(b) to { - (g) - }
{ + (e) and (4) + }of this section
{ - constitute - } { + are + } affirmative defenses { - to
a charge of violating subsection (1) of this section - } .
{ - (5)(a) - } { + (6)(a) + } { - Any - } { + A + }
person who knowingly, or with reckless disregard for the safety
of another, discharges or attempts to discharge a firearm at a
place that the person knows is { - a - } { + on + } school
{ - shall upon conviction be guilty of - } { + grounds
commits + } a Class C felony.
(b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
(A) As part of a program approved by a school in the school by
an individual who is participating in the program;
(B) By a law enforcement officer acting in the officer's
official capacity; or
(C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
{ - (6) - } { + (7) + } Any weapon carried in violation of
this section is subject to the forfeiture provisions of ORS
166.279.
{ - (7) - } { + (8) + } Notwithstanding the fact that a
person's conduct in a single criminal episode constitutes a
violation of both subsections (1) { + (b) + } and { - (5) - }
{ + (6) + } of this section, the district attorney may charge
the person with only one of the offenses.
{ - (8) - } { + (9) + } As used in this section, 'dangerous
weapon' means a dangerous weapon as that term is defined in ORS
161.015.
SECTION 2. ORS 166.360 is amended to read:
166.360. As used in ORS 166.360 to 166.380, unless the context
requires otherwise:
(1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
(2) 'Court facility' means a courthouse or that portion of any
other building occupied by a circuit court, the Court of Appeals,
the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
{ - (3) 'Loaded firearm' means: - }
{ - (a) A breech-loading firearm in which there is an
unexpended cartridge or shell in or attached to the firearm
including but not limited to, in a chamber, magazine or clip
which is attached to the firearm. - }
{ - (b) A muzzle-loading firearm which is capped or primed
and has a powder charge and ball, shot or projectile in the
barrel or cylinder. - }
{ - (4) - } { + (3) + } 'Public building' means a hospital,
a capitol building, { - a public or private school, as defined
in ORS 339.315, a college or university, - } a city hall or the
residence of any state official elected by the state at large,
and the grounds adjacent to each such building. The term also
includes that portion of any other building occupied by an agency
of the state or a municipal corporation, as defined in ORS
297.405, other than a court facility { + or a building on school
grounds + }.
{ + (4) 'School grounds' means the buildings that compose a
community college, a college, a university or a school as defined
in ORS 339.315, and the grounds adjacent to each such
building. + }
(5) 'Weapon' means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
(c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar instrument;
(e) A tear gas weapon as defined in ORS 163.211;
(f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those terms are defined in
ORS 161.015.
SECTION 3. ORS 166.173 is amended to read:
166.173. (1) A city or county may adopt ordinances to regulate,
restrict or prohibit the possession of loaded firearms in public
places as defined in ORS 161.015.
(2) Ordinances adopted under subsection (1) of this section do
not apply to or affect:
(a) A law enforcement officer in the performance of official
duty.
(b) A member of the military in the performance of official
duty.
(c) A person licensed to carry a concealed handgun.
(d) A person authorized to possess a { - loaded - } firearm
while in or on a public building { + , on school grounds + } or
{ + in a + } court facility under ORS 166.370.
(e) An employee of the United States Department of Agriculture,
acting within the scope of employment, who possesses a loaded
firearm in the course of the lawful taking of wildlife.
SECTION 4. ORS 166.262 is amended to read:
166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b) or 166.370 (1) { + (a) + } if
the person has in the person's immediate possession a valid
license to carry a firearm as provided in ORS 166.291 and
166.292.
SECTION 5. ORS 419A.004 is amended to read:
419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
(1) 'CASA Volunteer Program' means a program approved or
sanctioned by the juvenile court to recruit, train and supervise
volunteer persons to serve as court appointed special advocates.
(2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
(3) 'Community service' has the meaning given that term in ORS
137.126.
(4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
(5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
(6) 'Court' means the juvenile court.
(7) 'Court appointed special advocate' or 'CASA' means a person
appointed by the court pursuant to a CASA Volunteer Program to
act as special advocate pursuant to ORS 419A.170.
(8) 'Court facility' has the meaning given that term in ORS
166.360.
(9) 'Department' means the Department of Human Services.
(10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
(11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
(12) 'Guardian' means guardian of the person and not guardian
of the estate.
(13) 'Indian child' means any unmarried person less than 18
years of age who is:
(a) A member of an Indian tribe; or
(b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
(14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
(15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
(16) 'Parent' means the biological or adoptive mother and the
legal father of the child, ward, youth or youth offender. As used
in this subsection, 'legal father' means:
(a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
(b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
(17) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the department that is approved by
the juvenile court and in which the foster parents commit to
raise a ward in substitute care or youth offender until the age
of majority.
(18) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the ward.
(19) 'Public building' { - has the meaning given that term in
ORS 166.360 - } { + means:
(a) A public building as defined in ORS 166.360; or
(b) School grounds as defined in ORS 166.360 + }.
(20) 'Reasonable time' means a period of time that is
reasonable given a child or ward's emotional and developmental
needs and ability to form and maintain lasting attachments.
(21) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
(22) 'Resides' or 'residence,' when used in reference to the
residence of a child, ward, youth or youth offender, means the
place where the child, ward, youth or youth offender is actually
living or the jurisdiction in which wardship or jurisdiction has
been established.
(23) 'Restitution' has the meaning given that term in ORS
137.103.
(24) 'Serious physical injury' means:
(a) A serious physical injury as defined in ORS 161.015; or
(b) A physical injury that:
(A) Has a permanent or protracted significant effect on a
child's daily activities;
(B) Results in substantial and recurring pain; or
(C) In the case of a child under 10 years of age, is a broken
bone.
(25) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child, ward, youth or youth offender who is
taken into temporary custody pending investigation and
disposition.
(26) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding children, youths
and youth offenders pending further placement.
(27) 'Sibling' means one of two or more children or wards
related:
(a) By blood or adoption through a common legal parent; or
(b) Through the marriage of the children's or wards' legal or
biological parents.
(28) 'Substitute care' means an out-of-home placement directly
supervised by the department or other agency, including placement
in a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
(a) A detention facility, forestry camp or youth correction
facility;
(b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
(c) In-home placement subject to conditions or limitations.
(29) 'Surrogate' means a person appointed by the court to
protect the right of the child, ward, youth or youth offender to
receive procedural safeguards with respect to the provision of
free appropriate public education.
(30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
(31) 'Victim' means any person determined by the district
attorney, the juvenile department or the court to have suffered
direct financial, psychological or physical harm as a result of
the act that has brought the youth or youth offender before the
juvenile court. When the victim is a minor, 'victim' includes the
legal guardian of the minor. The youth or youth offender may not
be considered the victim. When the victim of the crime cannot be
determined, the people of Oregon, as represented by the district
attorney, are considered the victims.
(32) 'Violent felony' means any offense that, if committed by
an adult, would constitute a felony and:
(a) Involves actual or threatened serious physical injury to a
victim; or
(b) Is a sexual offense. As used in this paragraph, 'sexual
offense' has the meaning given the term 'sex crime' in ORS
181.594.
(33) 'Ward' means a person within the jurisdiction of the
juvenile court under ORS 419B.100.
(34) 'Young person' means a person who has been found
responsible except for insanity under ORS 419C.411 and placed
under the jurisdiction of the Psychiatric Security Review Board.
(35) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
(36) 'Youth care center' has the meaning given that term in ORS
420.855.
(37) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed when the person was under 18 years of age.
SECTION 6. { + ORS 166.380 is repealed. + }
SECTION 7. { + For purposes of ORS 166.370 (4)(b)(B), a school
district, a community college district or the Oregon University
System may adopt a rule or a written policy that authorizes
persons licensed under ORS 166.291 and 166.292 to possess a
firearm on the school grounds under the control of the district
or system. + }
SECTION 8. { + 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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