Bill Text: OR SB347 | 2013 | Regular Session | Engrossed
Bill Title: Relating to weapons on school grounds; declaring an emergency.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB347 Detail]
Download: Oregon-2013-SB347-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 259 A-Engrossed Senate Bill 347 Ordered by the Senate May 7 Including Senate Amendments dated May 7 Sponsored by Senator BURDICK, Representative TOMEI; Senators DINGFELDER, HASS, ROSENBAUM, STEINER HAYWARD, Representatives DOHERTY, FREDERICK, GALLEGOS, GREENLICK, WILLIAMSON (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. Modifies crime applicable to possession of firearm, or instrument used as dangerous weapon, while in or on school grounds. { - Requires - } { + Authorizes + } entity controlling school grounds to adopt written policy { - before - } { + restricting or prohibiting + } concealed handgun licensees { - may assert affirmative defense to crime - } { + from possessing firearms on school grounds. Specifies limitation on policy. Provides that violation of policy restricting or prohibiting firearms by concealed handgun licensee is criminal trespass in the first degree, punishable by maximum of one year's imprisonment, $6,250 fine, or both + }. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to weapons on school grounds; creating new provisions; amending ORS 164.205, 164.255, 166.173, 166.262, 166.360, 166.370, 166.380 and 419A.004; 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 - } { + and who is not licensed to carry a concealed handgun under ORS 166.291 and 166.292, commits + } a Class C felony. { + (b) Except as provided in ORS 164.255, a person who intentionally possesses a firearm or any other instrument used as a dangerous weapon while in or on school grounds and who is not licensed to carry a concealed handgun under ORS 166.291 and 166.292, 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 in or on the school grounds. This may include, but is not limited to, the authorized possession of a firearm for the purposes of a class, training, program or demonstration. + } { - (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. { - (g) - } { + (f) + } 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) The { - exceptions listed in subsection (3)(b) to (g) - } { + defenses described in subsection (3)(b) to (f) + } of this section { - constitute - } { + are + } affirmative defenses { - to a charge of violating subsection (1) of this section - } . (5)(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 school { - shall upon conviction be guilty of - } { + 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) { - Any - } { + A + } weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279. (7) Notwithstanding the fact that a person's conduct in a single criminal episode constitutes a violation of both subsections { - (1) and (5) - } { + (1)(b) and (5) + } of this section, the district attorney may charge the person with only one of the offenses. (8) 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 a school as defined in ORS 339.315. + } (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 166.380 is amended to read: 166.380. { - (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm. - } { - (2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. - } { + (1) A school district or other entity that controls school grounds may adopt a written policy: (a) Prohibiting persons licensed under ORS 166.291 and 166.292 from possessing a firearm in or on the school grounds under the control of the district or other entity; or (b) Requiring all persons licensed under ORS 166.291 and 166.292 to store firearms in a locked metal safe or vault provided by the school or the district or other entity while in or on the school grounds under the control of the district or other entity. (2) A school district or other entity that adopts a written policy under this section may not prohibit a person who is licensed under ORS 166.291 and 166.292 from possessing a firearm on the school grounds under the control of the district or other entity if the person is a parent of a student at the school and the person, for the purposes of accompanying the student to or from the school, enters onto the school grounds but does not enter a school building. + } SECTION 4. 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 { + , in or 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 5. 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 6. ORS 419A.004, as amended by section 30, chapter 97, Oregon Laws 2012, 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 that is approved or sanctioned by a juvenile court, has received accreditation from the National CASA Association and has entered into a contract with the Oregon Volunteers Commission for Voluntary Action and Service under section 4, chapter 97, Oregon Laws 2012, to recruit, train and supervise volunteers 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' means a person in a CASA Volunteer Program who is appointed by the court to act as a court appointed special advocate pursuant to section 2, chapter 97, Oregon Laws 2012. (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 7. ORS 164.255 is amended to read: 164.255. (1) A person commits the crime of criminal trespass in the first degree if the person { + does any of the following + }: (a) Enters or remains unlawfully in a dwelling { - ; - } { + . + } (b) Having been denied future entry to a building pursuant to a merchant's notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein { - ; - } { + . + } (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way { - ; or - } { + . + } (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912. { + (e) Is licensed under ORS 166.291 and 166.292 to carry a concealed handgun, possesses or carries a firearm on school grounds in violation of a policy adopted under ORS 166.380: (A) And fails to leave the school grounds after being lawfully directed to do so by the person in charge; or (B) When there are signs posted on the school grounds that are clearly visible to members of the public indicating that firearms are prohibited or restricted on school grounds. + } (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if: (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises; (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use. (3) Criminal trespass in the first degree is a Class A misdemeanor. SECTION 8. ORS 164.205 is amended to read: 164.205. As used in ORS 164.205 to 164.270, except as the context requires otherwise: (1) 'Building,' in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building. (2) 'Dwelling' means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present. (3) 'Enter or remain unlawfully' means: (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so; (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge; (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so. (4) 'Open to the public' means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required. (5) 'Person in charge' means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. ' Person in charge' includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state. (6) 'Premises' includes any building and any real property, whether privately or publicly owned. { + (7) 'School grounds' means a school as defined in ORS 339.315. + } SECTION 9. { + The amendments to ORS 164.255, 166.262 and 166.370 by sections 1, 5 and 7 of this 2013 Act apply to conduct occurring on or after the effective date of this 2013 Act. + } SECTION 10. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ----------