- (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.
- (86) A violation of ORS 166.638.
- (87) Unlawful paramilitary activity, as defined in ORS
166.660.
- (88) A violation of ORS 166.720.
- (89) Prostitution, as defined in ORS 167.007.
- (90) Promoting prostitution, as defined in ORS 167.012.
- (91) Compelling prostitution, as defined in ORS 167.017.
- (92) Exhibiting an obscene performance to a minor, as
defined
- in ORS 167.075.
- (93) Unlawful gambling in the second degree, as defined
in ORS
- 167.122.
- (94) Unlawful gambling in the first degree, as defined
in ORS
- 167.127.
- (95) Possession of gambling records in the second degree,
as
- defined in ORS 167.132.
- (96) Possession of gambling records in the first degree,
as
- defined in ORS 167.137.
- (97) Possession of a gambling device, as defined in ORS
- 167.147.
- (98) Possession of a gray machine, as defined in ORS
167.164.
- (99) Cheating, as defined in ORS 167.167.
- (100) Tampering with drug records, as defined in ORS
167.212.
- >(101) A violation of ORS 167.262.
- (102) Research and animal interference, as defined in
ORS
- 167.312.
- (103) Animal abuse in the first degree, as defined in
ORS
- 167.320.
- (104) Aggravated animal abuse in the first degree, as
defined
- in ORS 167.322.
- (105) Animal neglect in the first degree, as defined
in ORS
- 167.330.
- (106) Interfering with an assistance, a search and rescue
or a
- therapy animal, as defined in ORS 167.352.
- (107) Involvement in animal fighting, as defined in ORS
- 167.355.
- (108) Dogfighting, as defined in ORS 167.365.
- (109) Participation in dogfighting, as defined in ORS
167.370.
- (110) Unauthorized use of a livestock animal, as defined
in ORS
- 167.385.
- (111) Interference with livestock production, as defined
in ORS
- 167.388.
- (112) A violation of ORS 167.390.
- (113) A violation of ORS 471.410.
- (114) Failure to report missing precursor substances,
as
- defined in ORS 475.955.
- (115) Illegally selling drug equipment, as defined in
ORS
- 475.960.
- (116) Providing false information on a precursor substances
- report, as defined in ORS 475.965.
- (117) Unlawful delivery of an imitation controlled substance,
- as defined in ORS 475.991.
- (118) A violation of ORS 475.992, if it is a felony or
a Class
- A misdemeanor.
- (119) A violation of ORS 475.993, if it is a felony or
a Class
- A misdemeanor.
- (120) A violation of ORS 475.994.
- (121) A violation of ORS 475.995, if it is a felony or
a Class
- A misdemeanor.
- (122) A violation of ORS 475.999 (1)(a).
- (123) Misuse of an identification card, as defined in
ORS
- 807.430.
- (124) Unlawful production of identification cards, licenses,
- permits, forms or camera cards, as defined in ORS 807.500.
- (125) Transfer of documents for the purposes of
- misrepresentation, as defined in ORS 807.510.
- (126) Using an invalid license, as defined in ORS 807.580.
- (127) Permitting misuse of a license, as defined in ORS
- 807.590.
- (128) Using another's license, as defined in ORS 807.600.
- (129) Criminal driving while suspended or revoked, as
defined
- in ORS 811.182, when it is a felony.
- (130) Driving while under the influence of intoxicants,
as
- defined in ORS 813.010, when it is a felony.
- (131) Unlawful distribution of cigarettes, as defined
in
- { - section 3 of this 2001 Act - } { + ORS 323.482 +
}.
- { + (132) Terrorism, as defined in section 1 of this
2003
- Act.
- + } { - (132) - } { + (133) + } An attempt, conspiracy
or
- solicitation to commit a crime in subsections (1) to
- { - (131) - } { + (132) + } of this section if the attempt,
- >conspiracy or solicitation is a felony or a Class
A misdemeanor.
-
-
- Comment/ update
-
- From Deborah Yates 3-27-3
-
- Jeff - I talked to the Portland Oregonian political
desk today. This is what they had to say about the bill...
-
- It is still in committee. Three democrats are against
the bill as it is written. It is not likely to get out of committee as
it is now written. Minnis is thinking about rewritting the bill and making
it more 'socially acceptable' to the deomcrats. There are currently no
hearings scheduled for this bill.
|
