Bill Text: OR SB6 | 2013 | Regular Session | Engrossed

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

---

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-08 - Effective date, August 1, 2013. [SB6 Detail]

Download: Oregon-2013-SB6-Engrossed.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 6

LC 3361/SB 6-A9

                      SENATE AMENDMENTS TO
                    A-ENGROSSED SENATE BILL 6

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 18

  On page 1 of the printed A-engrossed bill, line 3, delete '
and' and insert a comma and after '167.347' insert 'and 167.348'.
  On page 3, delete lines 23 through 37 and insert:
  '  { +  SECTION 6. + } ORS 167.332 is amended to read:
  ' 167.332. (1) { +  Except as provided in subsection (3) of
this section: + }
  '  { +  (a) + } In addition to any other penalty imposed by
law, a person convicted of violating ORS 167.315, 167.325,
167.330, 167.333, 167.340 or 167.355 or of a misdemeanor under
ORS 167.320, may not possess a domestic animal { +  or any animal
of the same genus against which the crime was committed + } for a
period of five years following entry of the conviction.
  '  { - (2) - }  { +  (b) + } In addition to any other penalty
imposed by law, a person convicted of violating ORS 167.322,
167.365 or 167.428 or of a felony under ORS 167.320, may not
possess a domestic animal  { +  or any animal of the same genus
against which the crime was committed + } for a period of 15
years following entry of the conviction.
  '  { - (3) - }  { +  (2) + } A person who possesses   { - a
domestic - }  { +  an + } animal in violation of this section
commits a Class C misdemeanor. When a person is convicted of
possessing   { - a domestic - }  { +  an + } animal in violation
of this section, { +  as part of the sentence + } the court may
order the removal of   { - domestic animals - }  { +  that
animal + } from the person's residence  { + and may prohibit the
person from possessing any animal of the same genus that the
person unlawfully possessed under this section or against which
the underlying violation of ORS 167.315, 167.320, 167.322,
167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428
was committed + }.
  '  { +  (3)(a) A person subject to an animal possession
prohibition described in subsection (1) of this section may file
a motion with the sentencing court requesting a waiver of the
prohibition. The person must file a sworn affidavit in support of
the motion stating that:
  ' (A) The person's conviction leading to the possession
prohibition involved only livestock;
  ' (B) During the two years before the conviction triggering the
prohibition, the person was the owner of a commercial livestock
operation;
  ' (C) The person has not been convicted, in the previous five
years, of a crime involving animals or domestic violence or a
crime where the victim was under 18 years of age; and
  ' (D) The person's conviction was the result of:
  ' (i) Criminal liability for the conduct of another person
under ORS 161.155 (2)(c);
  ' (ii) Criminal liability of a corporation as described in ORS
161.170, and the person is a corporation; or
  ' (iii) Animal neglect as described in ORS 167.325 or 167.330
and the person's criminal conduct was not knowing or intentional.
  ' (b) When a person files a motion and affidavit described in
paragraph (a) of this subsection, the sentencing court shall hold
a hearing. At the hearing, the sentencing court shall grant the
motion if the person proves by clear and convincing evidence
that:
  ' (A) Continued enforcement of the prohibition against
possessing livestock would result in substantial economic
hardship that cannot otherwise be mitigated;
  ' (B) The person no longer poses any risk to animals; and
  ' (C) The person is capable of providing and willing to provide
necessary, adequate and appropriate levels of care for all
livestock that would come within the person's custody or control
if the petition is granted.
  ' (c) When deciding a motion filed under this subsection, the
sentencing court may consider the person's financial
circumstances and mental health in determining whether the person
is capable of adequately caring for livestock.
  ' (d) If the sentencing court grants the motion described in
this subsection, the waiver of the prohibition against possessing
animals shall apply only to livestock. The sentencing court shall
further order that for five years the person must consent to
reasonable inspections by law enforcement and the United States
Department of Agriculture to ensure the welfare of the livestock
under the person's custody or control. A refusal to consent to a
reasonable inspection described in this paragraph is contempt of
court and, if the person is found in contempt, shall result in
the sentencing court revoking the waiver of the possession
prohibition.
  ' (e) As used in this subsection, 'commercial livestock
operation' means a business engaged in the raising, breeding or
selling of livestock for profit. + } ' .
  On page 4, after line 40, insert:
  '  { +  SECTION 8. + } ORS 167.348 is amended to read:
  ' 167.348. (1) If an animal is forfeited according to the
provisions of ORS 167.347 or 167.350, the agency to which the
animal was forfeited may place the animal with a new owner. The
agency   { - shall - }  { +  may + } give placement preference to
any person or persons who had prior contact with the animal,
including but not limited to family members and friends of the
former owner whom the agency determines are capable of providing
necessary, adequate and appropriate levels of care for the
animal. { +  The agency may not, however, place the animal with
family members or friends of the former owner who aided or
abetted the criminal conduct underlying the forfeiture or had
knowledge of the criminal conduct and failed to intervene. + } As
a condition of placement, the agency shall require the new owner
to execute an agreement to provide minimum care to the animal.
The agreement must indicate that allowing the former owner to
possess the animal constitutes a crime.
  ' (2) Notwithstanding subsection (1) of this section, the
agency may not place the animal with any person who resides with
the former owner.'.
  In line 41, delete '8' and insert '9'.
  On page 5, line 41, delete '9' and insert '10' and delete ' 10'
and insert '11'.
  On page 6, line 26, delete '10' and insert '11'.
  In line 33, delete '10' and insert '11'.
  In line 45, delete '10' and insert '11'.
  On page 7, line 12, delete '10' and insert '11'.
  In line 14, delete '10' and insert '11'.
  In line 18, delete '9' and insert '10'.
  In line 20, after 'agency' insert ', a law enforcement agency
or the United States Department of Agriculture'.
  In line 22, delete '9' and insert '10'.
  In line 23, after 'agency' insert 'or a law enforcement
agency'.
  In line 24, delete 'enforcing'.
  In line 26, delete '9' and insert '10'.
  In line 27, delete 'authorized representative of the
enforcing'.
  In line 29, delete '9' and insert '10'.
                         ----------