Bill Text: OR SB398 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to intimidation.

Spectrum: Unknown

Status: (Passed) 2011-06-22 - Effective date, January 1, 2012. [SB398 Detail]

Download: Oregon-2011-SB398-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 398

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 for Disability Rights Oregon)

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

                             AN ACT

Relating to intimidation; creating new provisions; and amending
  ORS 166.155 and 166.165.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 166.155 is amended to read:
  166.155. (1) A person commits the crime of intimidation in the
second degree if the person:
  (a) Tampers or interferes with property, having no right to do
so nor reasonable ground to believe that the person has such
right, with the intent to cause substantial inconvenience to
another because of the person's perception of the other's race,
color, religion, sexual orientation { + , disability + } or
national origin;
  (b) Intentionally subjects another to offensive physical
contact because of the person's perception of the other's race,
color, religion, sexual orientation { + , disability + } or
national origin; or
  (c) Intentionally, because of the person's perception of race,
color, religion, sexual orientation { + , disability + } or
national origin of another or of a member of the other's family,
subjects the other person to alarm by threatening:
  (A) To inflict serious physical injury upon or to commit a
felony affecting the other person, or a member of the person's
family; or
  (B) To cause substantial damage to the property of the other
person or of a member of the other person's family.
  (2) Intimidation in the second degree is a Class A misdemeanor.
  (3) For purposes of this section, 'property' means any tangible
personal property or real property.
  SECTION 2. ORS 166.165 is amended to read:
  166.165. (1) Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons:
  (a)(A) Intentionally, knowingly or recklessly cause physical
injury to another person because of the actors' perception of
that person's race, color, religion, sexual orientation { + ,
disability + } or national origin; or
  (B) With criminal negligence cause physical injury to another
person by means of a deadly weapon because of the actors'

Enrolled Senate Bill 398 (SB 398-INTRO)                    Page 1

perception of that person's race, color, religion, sexual
orientation { + , disability + } or national origin;
  (b) Intentionally, because of the actors' perception of another
person's race, color, religion, sexual orientation { + ,
disability + } or national origin, place another person in fear
of imminent serious physical injury; or
  (c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone.
  (2) Intimidation in the first degree is a Class C felony.
  SECTION 3.  { + The amendments to ORS 166.155 and 166.165 by
sections 1 and 2 of this 2011 Act apply to conduct occurring on
or after the effective date of this 2011 Act. + }
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Passed by Senate March 2, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

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

Passed by House June 7, 2011

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

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

Enrolled Senate Bill 398 (SB 398-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 Senate Bill 398 (SB 398-INTRO)                    Page 3