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

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

---

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-Engrossed.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 993

                           B-Engrossed

                         House Bill 2940
                  Ordered by the House June 21
      Including House Amendments dated April 8 and June 21

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.

  Increases { + , under specified circumstances, + } 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. - }
   { +  Provides for increased time limitations for commencing
prosecution of crime of strangulation. + }
  Authorizes peace officer, under certain circumstances, to
arrest person who allegedly commits strangulation against
person's family or household member.
   { +  Appropriates moneys from General Fund to Department of
Corrections for purposes of incarcerating, supervising and
providing services to offenders convicted of crime of
strangulation. + }
    { - Declares emergency, effective on passage. - }

                        A BILL FOR AN ACT
Relating to strangulation; creating new provisions; amending ORS
  131.125, 133.055 and 163.187; and appropriating money.
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.
   { +  (4) Notwithstanding subsection (3) of this section,
strangulation is a Class C felony if:

  (a) The crime is committed in the immediate presence of, or is
witnessed by, the person's or the victim's minor child or
stepchild or a minor child residing within the household of the
person or the victim;
  (b) The victim is under 10 years of age;
  (c) During the commission of the crime, the person used,
attempted to use or threatened to use a dangerous or deadly
weapon, as those terms are defined in ORS 161.015, unlawfully
against another;
  (d) The person has been previously convicted of violating this
section or of committing an equivalent crime in another
jurisdiction;
  (e) The person has been previously convicted of violating ORS
163.160, 163.165, 163.175, 163.185 or 163.190 or of committing an
equivalent crime in another jurisdiction, and the victim in the
previous conviction is the same person who is the victim of the
current conviction; or
  (f) The person has at least three previous convictions of any
combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190
or of equivalent crimes in other jurisdictions.
  (5) For purposes of subsection (4)(a) of this section, a
strangulation is witnessed if the strangulation is seen or
directly perceived in any other manner by the child. + }
  SECTION 2. ORS 131.125 is amended to read:
  131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
  (2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 30 years of age or within 12
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
   { +  (a) Strangulation under ORS 163.187 (4). + }
    { - (a) - }  { +  (b) + } Criminal mistreatment in the first
degree under ORS 163.205.
    { - (b) - }  { +  (c) + } Rape in the third degree under ORS
163.355.
    { - (c) - }  { +  (d) + } Rape in the second degree under ORS
163.365.
    { - (d) - }  { +  (e) + } Rape in the first degree under ORS
163.375.
    { - (e) - }  { +  (f) + } Sodomy in the third degree under
ORS 163.385.
    { - (f) - }  { +  (g) + } Sodomy in the second degree under
ORS 163.395.
    { - (g) - }  { +  (h) + } Sodomy in the first degree under
ORS 163.405.
    { - (h) - }  { +  (i) + } Unlawful sexual penetration in the
second degree under ORS 163.408.
    { - (i) - }  { +  (j) + } Unlawful sexual penetration in the
first degree under ORS 163.411.
    { - (j) - }  { +  (k) + } Sexual abuse in the second degree
under ORS 163.425.
    { - (k) - }  { +  (L) + } Sexual abuse in the first degree
under ORS 163.427.
    { - (L) - }  { +  (m) + } Using a child in a display of
sexual conduct under ORS 163.670.
    { - (m) - }  { +  (n) + } Encouraging child sexual abuse in
the first degree under ORS 163.684.
    { - (n) - }  { +  (o) + } Incest under ORS 163.525.
    { - (o) - }  { +  (p) + } Promoting prostitution under ORS
167.012.
    { - (p) - }  { +  (q) + } Compelling prostitution under ORS
167.017.
    { - (q) - }  { +  (r) + } Luring a minor under ORS 167.057.
  (3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
   { +  (a) Strangulation under ORS 163.187 (3). + }
    { - (a) - }  { +  (b) + } Sexual abuse in the third degree
under ORS 163.415.
    { - (b) - }  { +  (c) + } Furnishing sexually explicit
material to a child under ORS 167.054.
    { - (c) - }   { + (d) + } Exhibiting an obscene performance
to a minor under ORS 167.075.
    { - (d) - }  { +  (e) + } Displaying obscene materials to
minors under ORS 167.080.
  (4) In the case of crimes described in subsection
 { - (2)(L) - }  { +  (2)(m) + } of this section, the victim is
the child engaged in sexual conduct. In the case of the crime
described in subsection   { - (2)(n) - }  { +  (2)(o) + } of this
section, the victim is the party to the incest other than the
party being prosecuted. In the case of crimes described in
subsection   { - (2)(o) and (p) - }  { +  (2)(p) and (q) + } of
this section, the victim is the child whose acts of prostitution
are promoted or compelled.
  (5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
  (6) Except as provided in subsection (7) of this section or as
otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
  (a) For any other felony, three years.
  (b) For any misdemeanor, two years.
  (c) For a violation, six months.
  (7) If the period prescribed in subsection (6) of this section
has expired, a prosecution nevertheless may be commenced as
follows:
  (a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
  (b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
  (c) If the offense is an invasion of personal privacy under ORS
163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense,
by a person who has a legal duty to represent the person
aggrieved by the offense or by a law enforcement agency, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years.
  (8) Notwithstanding subsection (2) of this section, if the
defendant is identified after the period described in subsection
(2) of this section on the basis of DNA (deoxyribonucleic acid)
sample comparisons, a prosecution for:
  (a) Rape in the first degree, sodomy in the first degree,
unlawful sexual penetration in the first degree or sexual abuse

in the first degree may be commenced at any time after the
commission of the crime.
  (b) Rape in the second degree, sodomy in the second degree or
unlawful sexual penetration in the second degree may be commenced
within 25 years after the commission of the crime.
  (9) Notwithstanding subsection (8) of this section, if a
prosecution for a felony listed in subsection (8) of this section
would otherwise be barred by subsection (2) of this section, the
prosecution must be commenced within two years of the DNA-based
identification of the defendant.
  SECTION 3. ORS 133.055 is amended to read:
  133.055. (1) A peace officer may issue a criminal citation to a
person if the peace officer has probable cause to believe that
the person has committed a misdemeanor or has committed any
felony that is subject to misdemeanor treatment under ORS
161.705. The peace officer shall deliver a copy of the criminal
citation to the person. The criminal citation shall require the
person to appear at the court of the magistrate before whom the
person would be taken pursuant to ORS 133.450 if the person were
arrested for the offense.
  (2)(a) Notwithstanding the provisions of subsection (1) of this
section, when a peace officer responds to an incident of domestic
disturbance and has probable cause to believe that an assault has
occurred between family or household members, as defined in ORS
107.705, or to believe that one such person has placed the other
in fear of imminent serious physical injury, the officer shall
arrest and take into custody the alleged assailant or potential
assailant.
  (b) When the peace officer makes an arrest under paragraph (a)
of this subsection, the peace officer is not required to arrest
both persons.
  (c) When a peace officer makes an arrest under paragraph (a) of
this subsection, the peace officer shall make every effort to
determine who is the assailant or potential assailant by
considering, among other factors:
  (A) The comparative extent of the injuries inflicted or the
seriousness of threats creating a fear of physical injury;
  (B) If reasonably ascertainable, the history of domestic
violence between the persons involved;
  (C) Whether any alleged crime was committed in self-defense;
and
  (D) The potential for future assaults.
   { +  (d) As used in this subsection, 'assault' includes
conduct constituting strangulation under ORS 163.187. + }
  (3) Whenever any peace officer has reason to believe that a
family or household member, as defined in ORS 107.705, has been
abused as defined in ORS 107.705 or that an elderly person or a
person with a disability has been abused as defined in ORS
124.005, that officer shall use all reasonable means to prevent
further abuse, including advising each person of the availability
of a shelter or other services in the community and giving each
person immediate notice of the legal rights and remedies
available. The notice shall consist of handing each person a copy
of the following statement:
_________________________________________________________________

  IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can
ask the district attorney to file a criminal complaint. You also
have the right to go to the circuit court and file a petition
requesting any of the following orders for relief: (a) An order
restraining your attacker from abusing you; (b) an order
directing your attacker to leave your household; (c) an order
preventing your attacker from entering your residence, school,
business or place of employment; (d) an order awarding you or the
other parent custody of or parenting time with a minor child or
children; (e) an order restraining your attacker from molesting
or interfering with minor children in your custody; (f) an order
awarding you other relief the court considers necessary to
provide for your or your children's safety, including emergency
monetary assistance.  Such orders are enforceable in every state.
  You may also request an order awarding support for minor
children in your care or for your support if the other party has
a legal obligation to support you or your children.
  You also have the right to sue for losses suffered as a result
of the abuse, including medical and moving expenses, loss of
earnings or support, and other out-of-pocket expenses for
injuries sustained and damage to your property. This can be done
without an attorney in the small claims department of a court if
the total amount claimed is under $7,500.
  Similar relief may also be available in tribal courts.
  For further information you may contact: ___.
_________________________________________________________________

  SECTION 4.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Corrections, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $100,095 for the purposes of
incarcerating, supervising and providing services to offenders
convicted of a felony under ORS 163.187. + }
  SECTION 5.  { + (1) 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.
  (2) The amendments to ORS 131.125 by section 2 of this 2011 Act
apply to offenses committed before, on or after the effective
date of this 2011 Act, but do not operate to revive a prosecution
barred by the operation of ORS 131.125 before the effective date
of this 2011 Act. + }
                         ----------