Bill Text: OR HB2176 | 2011 | Regular Session | Introduced

Oregon House Bill 2176 (Prior Session Legislation)

Introduced

Bill Title: Relating to the offense of frequenting a place where controlled substances are unlawfully used; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2176 Detail]

Download: Oregon-2011-HB2176-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1429

                         House Bill 2176

Sponsored by Representative COWAN (at the request of Rob Bovett
  and Oregon Narcotics Enforcement Association) (Presession
  filed.)

                             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.

  Modifies offense of frequenting place where controlled
substances are unlawfully used to apply to person who knowingly
frequents or remains at place where controlled substances are
unlawfully used.
  Authorizes court to defer proceedings and place person on
probation if person pleads guilty to or is found guilty of
frequenting place where controlled substances are unlawfully
used.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the offense of frequenting a place where controlled
  substances are unlawfully used; creating new provisions;
  amending ORS 167.222 and 475.245; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.222 is amended to read:
  167.222. (1) A person commits the offense of frequenting a
place where controlled substances are  { + unlawfully + } used if
the person  { + knowingly + } keeps, maintains, frequents
 { - , - }  or remains at a place  { - , while knowingly
permitting - }   { + where + } persons  { + are permitted + } to
use { + , possess or deliver + } controlled substances   { - in
such place or to keep or sell them - }  { + , + } in violation of
ORS 475.005 to 475.285 and 475.840 to 475.980.
  (2) Frequenting a place where controlled substances are  { +
unlawfully + } used is a Class A misdemeanor.
  (3) Notwithstanding subsection (2) of this section, if the
conviction is for knowingly  { + keeping, + } maintaining,
frequenting or remaining at a place where less than one
avoirdupois ounce of the dried leaves, stems, and flowers of the
plant Cannabis family Moraceae is found at the time of the
offense under this section, frequenting a place where controlled
substances are  { + unlawfully + } used is a Class D violation.
  (4) As used in this section, 'frequents' means repeatedly or
habitually visits, goes to or resorts to.
  SECTION 2. ORS 475.245 is amended to read:
  475.245.   { - Whenever any - }   { + If a + } person pleads
guilty to or is found guilty of possession of a controlled
substance under ORS 475.840 (3), 475.854, 475.864, 475.874,
475.884 or 475.894 { + , frequenting a place where controlled
substances are unlawfully used under ORS 167.222 + } or
 { - of - }  a property offense that is motivated by a dependence
on a controlled substance, the court, without entering a judgment
of guilt and with the consent of the district attorney and the
accused, may defer further proceedings and place the person on
probation. Upon violation of a term or condition of probation,
the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and conditions,
the court shall discharge the person and dismiss the proceedings
against the person. Discharge and dismissal under this section
 { - shall be - }   { + is + } without adjudication of guilt and
is not a conviction for purposes of this section or for purposes
of disqualifications or disabilities imposed by law upon
conviction of a crime. There may be only one discharge and
dismissal under this section with respect to any person.
  SECTION 3.  { + The amendments to ORS 167.222 by section 1 of
this 2011 Act apply to offenses committed on or after the
effective date of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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