- (Bracketed remarks from original emailer)
-
- 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:
-
- (a) The free and orderly assembly of the inhabitants
of the State of Oregon;
-
- (I would think under their bill of rights this bill may
have problems with the right to protest in an orderly manner.)
-
- (b) Commerce or the transportation systems of the State
of Oregon; or
-
- (This counts out any street action.)
-
- (c) The educational or governmental institutions of the
State of Oregon or its inhabitants.
-
- (Speaking out against the state or state school system
could be a problem should it be deemed by two state employes to disrupt.)
-
- (4)(a) A person convicted of terrorism shall be punished
by imprisonment for life.
-
- (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,
-
-
- 72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2695
-
- Senate Bill 742
-
- Sponsored by Senator MINNIS
-
-
- 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.
-
- >A BILL FOR AN ACT
-
- >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:
- 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:
- (a) The free and orderly assembly of the inhabitants
of the State of Oregon;
- (b) Commerce or the transportation systems of the State
of Oregon; or
- (c) The educational or governmental institutions of the
State of Oregon or its inhabitants.
- (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.
- (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.
- (4)(a) A person convicted of terrorism shall be punished
by
- imprisonment for life.
- (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.
- (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:
- (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
- (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.
- (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.
- (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. + }
- 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. + }
- 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:
- (1) Bribe giving, as defined in ORS 162.015.
- (2) Bribe receiving, as defined in ORS 162.025.
- (3) Public investment fraud, as defined in ORS 162.117.
- (4) Bribing a witness, as defined in ORS 162.265.
- (5) Bribe receiving by a witness, as defined in ORS 162.275.
- (6) Simulating legal process, as defined in ORS 162.355.
- (7) Official misconduct in the first degree, as defined
in ORS
- 162.415.
- (8) Custodial interference in the second degree, as defined
in
- ORS 163.245.
- (9) Custodial interference in the first degree, as defined
in
- ORS 163.257.
- (10) Buying or selling a person under 18 years of age,
as
- defined in ORS 163.537.
- (11) Using a child in a display of sexually explicit
conduct,
- as defined in ORS 163.670.
- (12) Encouraging child sexual abuse in the first degree,
as
- defined in ORS 163.684.
- (13) Encouraging child sexual abuse in the second degree,
as
- defined in ORS 163.686.
- (14) Encouraging child sexual abuse in the third degree,
as
- defined in ORS 163.687.
- (15) Possession of materials depicting sexually explicit
- conduct of a child in the first degree, as defined in
ORS
- 163.688.
- (16) Possession of materials depicting sexually explicit
- conduct of a child in the second degree, as defined in
ORS
- 163.689.
- (17) Theft in the second degree, as defined in ORS 164.045.
- (18) Theft in the first degree, as defined in ORS 164.055.
- (19) Aggravated theft in the first degree, as defined
in ORS
- 164.057.
- (20) Theft by extortion, as defined in ORS 164.075.
- (21) Theft by deception, as defined in ORS 164.085, if
it is a
- felony or a Class A misdemeanor.
- (22) Theft by receiving, as defined in ORS 164.095, if
it is a
- felony or a Class A misdemeanor.
- (23) Theft of services, as defined in ORS 164.125, if
it is a
- felony or a Class A misdemeanor.
- (24) Unauthorized use of a vehicle, as defined in ORS
164.135.
- (25) Mail theft or receipt of stolen mail, as defined
in ORS
- 164.162.
- (26) Laundering a monetary instrument, as defined in
ORS
- 164.170.
- (27) Engaging in a financial transaction in property
derived
- from unlawful activity, as defined in ORS 164.172.
- (28) Burglary in the second degree, as defined in ORS
164.215.
- (29) Burglary in the first degree, as defined in ORS
164.225.
- (30) Possession of burglar's tools, as defined in ORS
164.235.
- (31) Unlawful entry into a motor vehicle, as defined
in ORS
- 164.272.
- (32) Arson in the second degree, as defined in ORS 164.315.
- (33) Arson in the first degree, as defined in ORS 164.325.
- (34) Computer crime, as defined in ORS 164.377.
- (35) Robbery in the third degree, as defined in ORS 164.395.
- >(36) Robbery in the second degree, as defined in
ORS 164.405.
- (37) Robbery in the first degree, as defined in ORS 164.415.
- (38) Unlawful labeling of a sound recording, as defined
in ORS
- 164.868.
- (39) Unlawful recording of a live performance, as defined
in
- ORS 164.869.
- (40) Unlawful labeling of a videotape recording, as defined
in
- ORS 164.872.
- (41) A violation of ORS 164.877.
- (42) Endangering aircraft, as defined in ORS 164.885.
- (43) Interference with agricultural operations, as defined
in
- ORS 164.887.
- (44) Forgery in the second degree, as defined in ORS
165.007.
- (45) Forgery in the first degree, as defined in ORS 165.013.
- (46) Criminal possession of a forged instrument in the
second
- degree, as defined in ORS 165.017.
- (47) Criminal possession of a forged instrument in the
first
- degree, as defined in ORS 165.022.
- (48) Criminal possession of a forgery device, as defined
in ORS
- 165.032.
- (49) Criminal simulation, as defined in ORS 165.037.
- (50) Fraudulently obtaining a signature, as defined in
ORS
- 165.042.
- (51) Fraudulent use of a credit card, as defined in ORS
- 165.055.
- (52) Negotiating a bad check, as defined in ORS 165.065.
- (53) Possessing a fraudulent communications device, as
defined
- in ORS 165.070.
- (54) Unlawful factoring of a credit card transaction,
as
- defined in ORS 165.074.
- (55) Falsifying business records, as defined in ORS 165.080.
- (56) Sports bribery, as defined in ORS 165.085.
- (57) Sports bribe receiving, as defined in ORS 165.090.
- (58) Misapplication of entrusted property, as defined
in ORS
- 165.095.
- (59) Issuing a false financial statement, as defined
in ORS
- 165.100.
- (60) Obtaining execution of documents by deception, as
defined
- in ORS 165.102.
- (61) A violation of ORS 165.543.
- (62) Cellular counterfeiting in the third degree, as
defined in
- ORS 165.577.
- (63) Cellular counterfeiting in the second degree, as
defined
- in ORS 165.579.
- (64) Cellular counterfeiting in the first degree, as
defined in
- ORS 165.581.
- (65) Identity theft, as defined in ORS 165.800.
- (66) A violation of ORS 166.190.
- (67) Unlawful use of a weapon, as defined in ORS 166.220.
- (68) A violation of ORS 166.240.
- (69) Unlawful possession of a firearm, as defined in
ORS
- 166.250.
- (70) A violation of ORS 166.270.
- (71) Unlawful possession of a machine gun, short-barreled
- rifle, short-barreled shotgun or firearms silencer, as
defined in
- ORS 166.272.
- (72) A violation of ORS 166.275.
- (73) Unlawful possession of armor piercing ammunition,
as
- defined in ORS 166.350.
- (74) A violation of ORS 166.370.
- (75) Unlawful possession of a destructive device, as
defined in
- ORS 166.382.
- (76) Unlawful manufacture of a destructive device, as
defined
- in ORS 166.384.
- (77) Possession of a hoax destructive device, as defined
in ORS
- 166.385.
- (78) A violation of ORS 166.410.
- (79) Providing false information in connection with a
transfer
- of a handgun, as defined in ORS 166.416.
- (80) Improperly transferring a handgun, as defined in
ORS
- 166.418.
- (81) Unlawfully purchasing a firearm, as defined in ORS
- 166.425.
- (82) A violation of ORS 166.429.
- (83) A violation of ORS 166.470.
- (84) A violation of ORS 166.480.
- (85) A violation of ORS 166.635.
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