- 72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
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- 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 + } .
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- LC 2695 Senate Bill 742 Sponsored by Senator MINNIS
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- 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. Creates crime of
terrorism. Punishes by life imprisonment.
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- A BILL FOR AN ACT
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- Relating to terrorism; creating new provisions; and amending
section 19, chapter 666, Oregon Laws 2001. Be It Enacted by the People
of the State of Oregon:
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- SECTION 1. { + (1) A person commits the crime of terrorism
if the person knowingly plans, participates in or carries out any act that
is intended, by at least one of its participants, to disrupt:
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- (a) The free and orderly assembly of the inhabitants
of the State of Oregon;
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- (b) Commerce or the transportation systems of the State
of Oregon; or
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- (c) The educational or governmental institutions of the
State of Oregon or its inhabitants.
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- (2) A person commits the crime of terrorism if the person
conspires to do any of the activities described in subsection (1) of this
section.
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- (3) A person may not be convicted of terrorism except
upon the testimony of two witnesses to the same overt act or upon confession
in open court.
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- (4)(a) A person convicted of terrorism shall be punished
by imprisonment for life.
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- (b) When a person is convicted of terrorism under this
section, the court shall order that the person be confined for a minimum
of 25 years without possibility of parole, release to post-prison supervision,
release on work release or any form of temporary leave or employment at
a forest or work camp.
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- (c) At any time after completion of a minimum period
of confinement pursuant to paragraph (b) of this subsection, the State
Board of Parole and Post-Prison Supervision, upon the petition of a prisoner
so confined, shall hold a hearing, the sole issue of which is to determine
whether the prisoner is likely to be rehabilitated within a reasonable
period of time. The board shall conduct the proceeding in the manner prescribed
for a contested case hearing under ORS 183.310 to 183.550 except that:
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- (A) The prisoner has the burden of proving by a preponderance
of the evidence the likelihood of rehabilitation within a reasonable period
of time; and
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- (B) The prisoner has the right, if the prisoner is without
sufficient funds to employ an attorney, to be represented by legal counsel,
appointed by the board, at board expense.
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- (d) If, upon hearing all of the evidence and upon a unanimous
vote of all of its members, the board finds that the prisoner is capable
of rehabilitation within a reasonable amount of time and that the terms
of the prisoner's confinement should be changed to life imprisonment with
the possibility of parole, release to post-prison supervision or work release,
the board shall enter an order to that effect and convert the terms of
the prisoner's confinement to life imprisonment with the possibility of
parole, release to post-prison supervision or work release and may set
a release date. Otherwise, the board shall deny the relief sought in the
petition.
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- (e) Not less than two years after the denial of the relief
sought in a petition under paragraph (c) of this subsection, the prisoner
may petition again for a change in the terms of confinement. Further petitions
for a change may be filed at intervals of not less than two years thereafter.
+ }
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- SECTION 2. { + Notwithstanding ORS 181.575 and 181.850,
a law enforcement agency shall cooperate with any federal or state agency
that is investigating an act of terrorism, and a law enforcement agency
may retain any information relating to an investigation of terrorism as
long as the investigation remains open. The Attorney General shall adopt
rules governing the retention of such information. + }
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- SECTION 3. Section 19, chapter 666, Oregon Laws 2001,
as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:
{ + Sec. 19. + } The crimes to which section 1 (11)(b), chapter 666, Oregon
Laws 2001, applies are:
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- (1) Bribe giving, as defined in ORS 162.015.
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- (2) Bribe receiving, as defined in ORS 162.025.
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- (3) Public investment fraud, as defined in ORS 162.117.
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- (4) Bribing a witness, as defined in ORS 162.265.
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- (5) Bribe receiving by a witness, as defined in ORS 162.275.
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- (6) Simulating legal process, as defined in ORS 162.355.
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- (7) Official misconduct in the first degree, as defined
in ORS 162.415.
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- (8) Custodial interference in the second degree, as defined
in ORS 163.245.
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- (9) Custodial interference in the first degree, as defined
in ORS 163.257.
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- (10) Buying or selling a person under 18 years of age,
as defined in ORS 163.537.
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- (11) Using a child in a display of sexually explicit
conduct, as defined in ORS 163.670.
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- (12) Encouraging child sexual abuse in the first degree,
as defined in ORS 163.684.
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- (13) Encouraging child sexual abuse in the second degree,
as defined in ORS 163.686.
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- (14) Encouraging child sexual abuse in the third degree,
as defined in ORS 163.687.
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- (15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS 163.688.
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- (16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS 163.689.
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- (17) Theft in the second degree, as defined in ORS 164.045.
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- (18) Theft in the first degree, as defined in ORS 164.055.
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- (19) Aggravated theft in the first degree, as defined
in ORS 164.057.
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- (20) Theft by extortion, as defined in ORS 164.075.
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- (21) Theft by deception, as defined in ORS 164.085, if
it is a felony or a Class A misdemeanor.
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- (22) Theft by receiving, as defined in ORS 164.095, if
it is a felony or a Class A misdemeanor.
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- (23) Theft of services, as defined in ORS 164.125, if
it is a felony or a Class A misdemeanor.
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- (24) Unauthorized use of a vehicle, as defined in ORS
164.135.
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- (25) Mail theft or receipt of stolen mail, as defined
in ORS 164.162.
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- (26) Laundering a monetary instrument, as defined in
ORS 164.170.
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- (27) Engaging in a financial transaction in property
derived from unlawful activity, as defined in ORS 164.172.
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- (28) Burglary in the second degree, as defined in ORS
164.215.
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- (29) Burglary in the first degree, as defined in ORS
164.225.
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- (30) Possession of burglar's tools, as defined in ORS
164.235.
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- (31) Unlawful entry into a motor vehicle, as defined
in ORS 164.272.
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- (32) Arson in the second degree, as defined in ORS 164.315.
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- (33) Arson in the first degree, as defined in ORS 164.325.
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- (34) Computer crime, as defined in ORS 164.377.
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- (35) Robbery in the third degree, as defined in ORS 164.395.
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- (36) Robbery in the second degree, as defined in ORS
164.405.
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- (37) Robbery in the first degree, as defined in ORS 164.415.
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- (38) Unlawful labeling of a sound recording, as defined
in ORS 164.868.
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- (39) Unlawful recording of a live performance, as defined
in ORS 164.869.
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- (40) Unlawful labeling of a videotape recording, as defined
in ORS 164.872.
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- (41) A violation of ORS 164.877.
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- (42) Endangering aircraft, as defined in ORS 164.885.
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- (43) Interference with agricultural operations, as defined
in ORS 164.887.
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- (44) Forgery in the second degree, as defined in ORS
165.007.
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- (45) Forgery in the first degree, as defined in ORS 165.013.
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- (46) Criminal possession of a forged instrument in the
second degree, as defined in ORS 165.017.
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- (47) Criminal possession of a forged instrument in the
first degree, as defined in ORS 165.022.
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- (48) Criminal possession of a forgery device, as defined
in ORS 165.032.
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- (49) Criminal simulation, as defined in ORS 165.037.
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- (50) Fraudulently obtaining a signature, as defined in
ORS 165.042.
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- (51) Fraudulent use of a credit card, as defined in ORS
165.055.
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- (52) Negotiating a bad check, as defined in ORS 165.065.
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- (53) Possessing a fraudulent communications device, as
defined in ORS 165.070.
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- (54) Unlawful factoring of a credit card transaction,
as defined in ORS 165.074.
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- (55) Falsifying business records, as defined in ORS 165.080.
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- (56) Sports bribery, as defined in ORS 165.085.
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- (57) Sports bribe receiving, as defined in ORS 165.090.
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- (58) Misapplication of entrusted property, as defined
in ORS 165.095.
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- (59) Issuing a false financial statement, as defined
in ORS 165.100.
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- (60) Obtaining execution of documents by deception, as
defined in ORS 165.102.
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- (61) A violation of ORS 165.543.
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- (62) Cellular counterfeiting in the third degree, as
defined in ORS 165.577.
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- (63) Cellular counterfeiting in the second degree, as
defined in ORS 165.579.
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- (64) Cellular counterfeiting in the first degree, as
defined in ORS 165.581.
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- (65) Identity theft, as defined in ORS 165.800.
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- (66) A violation of ORS 166.190.
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- (67) Unlawful use of a weapon, as defined in ORS 166.220.
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- (68) A violation of ORS 166.240.
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- (69) Unlawful possession of a firearm, as defined in
ORS 166.250.
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- (70) A violation of ORS 166.270.
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- (71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.
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- (72) A violation of ORS 166.275.
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- (73) Unlawful possession of armor piercing ammunition,
as defined in ORS 166.350.
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- (74) A violation of ORS 166.370.
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- (75) Unlawful possession of a destructive device, as
defined in ORS 166.382.
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- (76) Unlawful manufacture of a destructive device, as
defined in ORS 166.384.
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- (77) Possession of a hoax destructive device, as defined
in ORS 166.385.
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- (78) A violation of ORS 166.410.
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- (79) Providing false information in connection with a
transfer of a handgun, as defined in ORS 166.416.
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- (80) Improperly transferring a handgun, as defined in
ORS 166.418.
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- (81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
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- (82) A violation of ORS 166.429.
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- (83) A violation of ORS 166.470.
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- (84) A violation of ORS 166.480.
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- (85) A violation of ORS 166.635.
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- (86) A violation of ORS 166.638.
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- (87) Unlawful paramilitary activity, as defined in ORS
166.660.
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- (88) A violation of ORS 166.720.
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- (89) Prostitution, as defined in ORS 167.007.
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- (90) Promoting prostitution, as defined in ORS 167.012.
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- (91) Compelling prostitution, as defined in ORS 167.017.
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- (92) Exhibiting an obscene performance to a minor, as
defined in ORS 167.075.
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- (93) Unlawful gambling in the second degree, as defined
in ORS 167.122.
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- (94) Unlawful gambling in the first degree, as defined
in ORS 167.127.
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- (95) Possession of gambling records in the second degree,
as defined in ORS 167.132.
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- (96) Possession of gambling records in the first degree,
as defined in ORS 167.137.
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- (97) Possession of a gambling device, as defined in ORS
167.147.
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- (98) Possession of a gray machine, as defined in ORS
167.164.
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- (99) Cheating, as defined in ORS 167.167.
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- (100) Tampering with drug records, as defined in ORS
167.212.
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- (101) A violation of ORS 167.262.
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