Bill Text: OR HB2940 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to strangulation; and appropriating money.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Passed) 2011-08-02 - Chapter 666, (2011 Laws): Effective date January 1, 2012. [HB2940 Detail]

Download: Oregon-2011-HB2940-Introduced.html

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     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 993

                         House Bill 2940

Sponsored by Representatives GELSER, BREWER; Representatives
  BARKER, DEMBROW, KOTEK, MATTHEWS, OLSON, READ, SPRENGER, TOMEI
  (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.

  Increases penalty for crime of strangulation to maximum of five
years' imprisonment, $125,000 fine, or both. Directs Oregon
Criminal Justice Commission to classify crime of strangulation as
crime category 8 on sentencing guidelines grid if defendant has
previous conviction for strangulation, or otherwise as crime
category 4.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to strangulation; creating new provisions; amending ORS
  163.187 and 166.470; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.187 is amended to read:
  163.187. (1) A person commits the crime of strangulation if the
person knowingly impedes the normal breathing or circulation of
the blood of another person by:
  (a) Applying pressure on the throat or neck of the other
person; or
  (b) Blocking the nose or mouth of the other person.
  (2) Subsection (1) of this section does not apply to legitimate
medical or dental procedures or good faith practices of a
religious belief.
  (3) Strangulation is a Class   { - A misdemeanor - }  { +  C
felony + }.   { +
  (4)(a) The Oregon Criminal Justice Commission shall classify
strangulation as crime category 4 of the sentencing guidelines
grid of the commission.
  (b) Notwithstanding paragraph (a) of this subsection, the
commission shall classify strangulation as crime category 8 of
the sentencing guidelines grid of the commission if the person
has a previous conviction for strangulation.
  (5) As used in this section, 'previous conviction' means:
  (a) A conviction that was entered prior to imposing sentence on
the current crime, provided that the conviction is based on a
crime committed in a separate criminal episode.
  (b) A conviction under Oregon law or the equivalent laws of
another jurisdiction. + }
  SECTION 2. ORS 166.470, as amended by section 8, chapter 826,
Oregon Laws 2009, is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c)
or the expunction laws of this state or an equivalent law of
another jurisdiction, a person may not intentionally sell,
deliver or otherwise transfer any firearm when the transferor
knows or reasonably should know that the recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
  (e) Was committed to the Oregon Health Authority under ORS
426.130;
  (f) After January 1, 1990, was found to be mentally ill and
subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor  { + conviction for an offense + } described in ORS
163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 3. ORS 166.470, as amended by sections 8 and 11,
chapter 826, Oregon Laws 2009, is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or 18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
  (e) Was committed to the Oregon Health Authority under ORS
426.130;
  (f) After January 1, 1990, was found to be mentally ill and
subject to an order under ORS 426.130 that the person be
prohibited from purchasing or possessing a firearm as a result of
that mental illness;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor  { + conviction for an offense + } described in ORS
163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:

  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 4.  { + The amendments to ORS 163.187 by section 1 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
  SECTION 5.  { + 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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