77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2603

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                     CHAPTER ................

                             AN ACT

Relating to gambling; creating new provisions; amending ORS
  167.164; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 167.164 is amended to read:
  167.164. (1)   { - On and after December 1, 1991, - }  A person
commits the crime of possession of a gray machine if the person
manufactures, sells, leases, transports, places, possesses or
services a gray machine or conducts or negotiates a transaction
affecting or designed to affect the ownership, custody or use of
a gray machine.
  (2) Possession of a gray machine is a Class C felony.
   { +  (3) If any device is seized by a law enforcement agency
based on a contention that the device is a gray machine, and a
motion for return or restoration of the device is filed under ORS
133.633, the burden of proof is on the state to establish that
the device is in fact a gray machine. + }
    { - (3) - }   { + (4) + } Violation of, solicitation to
violate, attempt to violate or conspiracy to violate subsection
(1) of this section constitutes prohibited conduct for purposes
of ORS chapter 131A  { - , and shall give rise to civil in rem
forfeiture as provided in ORS chapter 131A. A judgment providing
for forfeiture may direct that the machine be destroyed - }
. { +  A device that is claimed to be a gray machine may be
destroyed or otherwise disposed of only if a judgment of
forfeiture has been entered under ORS 131.550 to 131.600 or ORS
chapter 131A. + }
    { - (4) - }   { + (5) + } It is a defense to a charge of
possession of a gray machine if the machine that caused the
charge to be brought was manufactured prior to 1958 and was not
operated for purposes of unlawful gambling.
  SECTION 2.  { + The amendments to ORS 167.164 by section 1 of
this 2013 Act apply only to seizures of devices claimed to be
gray machines on or after the effective date of this 2013
Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2603 (HB 2603-A)                       Page 1

Passed by House March 26, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 7, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2603 (HB 2603-A)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2603 (HB 2603-A)                       Page 3