Bill Text: OR SB698 | 2013 | Regular Session | Introduced

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Bill Title: Relating to offenses against animals.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB698 Detail]

Download: Oregon-2013-SB698-Introduced.html

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     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 2884

                         Senate Bill 698

Sponsored by 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 as
introduced.

  Specifies that commission of animal neglect in first degree is
punishable by five years' imprisonment, $125,000 fine, or both,
if certain aggravating factors exist.
  Expands, for persons who commit certain offenses against
animals, prohibition against possession of domestic animal to
prohibition against possession of domestic animal, equine or
animal of same genus against which offense was committed.

                        A BILL FOR AN ACT
Relating to offenses against animals; creating new provisions;
  and amending ORS 167.330 and 167.332.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.330 is amended to read:
  167.330. (1) A person commits the crime of animal neglect in
the first degree if, except as otherwise authorized by law, the
person intentionally, knowingly, recklessly or with criminal
negligence fails to provide minimum care for an animal in the
person's custody or control and the failure to provide care
results in serious physical injury or death to the animal.
  (2) Animal neglect in the first degree is a Class A
misdemeanor.
   { +  (3) Notwithstanding subsection (2) of this section,
animal neglect in the first degree is a Class C felony if the
person commits the crime of animal neglect in the first degree
and:
  (a) The person has previously been convicted of animal neglect
in the first degree or the equivalent law of another jurisdiction
or animal neglect in the second degree or the equivalent law of
another jurisdiction;
  (b) The commission of the crime is part of a criminal episode
involving 10 or more animals; or
  (c) The person knows that a minor is seeing or otherwise
directly perceiving the crime. + }
  SECTION 2. ORS 167.332 is amended to read:
  167.332. (1) 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 { + , an equine 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) 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 { + ,
an equine 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) 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,
the court may order the removal of
  { - domestic - }  animals from the person's residence.
  SECTION 3.  { + The amendments to ORS 167.330 and 167.332 by
sections 1 and 2 of this 2013 Act apply to conduct occurring on
or after the effective date of this 2013 Act. + }
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