Bill Text: OR HB2964 | 2011 | Regular Session | Introduced

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Bill Title: Relating to intimidation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2964 Detail]

Download: Oregon-2011-HB2964-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 2320

                         House Bill 2964

Sponsored by Representative DEMBROW (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 crimes of intimidation in first degree and
intimidation in second degree to include certain conduct
committed because of perception that victim is homeless.

                        A BILL FOR AN ACT
Relating to intimidation; creating new provisions; and amending
  ORS 166.155 and 166.165.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.165 is amended to read:
  166.165. (1) Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons:
  (a)(A) Intentionally, knowingly or recklessly cause physical
injury to another person because of the actors' perception of
that person's race, color, religion, sexual orientation { + , + }
 { - or - }  national origin { +  or homelessness + }; or
  (B) With criminal negligence cause physical injury to another
person by means of a deadly weapon because of the actors'
perception of that person's race, color, religion, sexual
orientation { + , + }   { - or - }  national origin { +  or
homelessness + };
  (b) Intentionally, because of the actors' perception of another
person's race, color, religion, sexual orientation { + , + }
 { - or - } national origin { +  or homelessness + }, place
another person in fear of imminent serious physical injury; or
  (c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone.
  (2) Intimidation in the first degree is a Class C felony.
  SECTION 2. ORS 166.155 is amended to read:
  166.155. (1) A person commits the crime of intimidation in the
second degree if the person:
  (a) Tampers or interferes with property, having no right to do
so nor reasonable ground to believe that the person has such
right, with the intent to cause substantial inconvenience to
another because of the person's perception of the other's race,
color, religion, sexual orientation { + , + }   { - or - }
national origin { +  or homelessness + };
  (b) Intentionally subjects another to offensive physical
contact because of the person's perception of the other's race,
color, religion, sexual orientation { + , + }   { - or - }
national origin { +  or homelessness + }; or
  (c) Intentionally, because of the person's perception of race,
color, religion, sexual orientation { + , + }   { - or - }
national origin { +  or homelessness + } of another or of a
member of the other's family, subjects the other person to alarm
by threatening:
  (A) To inflict serious physical injury upon or to commit a
felony affecting the other person, or a member of the person's
family; or
  (B) To cause substantial damage to the property of the other
person or of a member of the other person's family.
  (2) Intimidation in the second degree is a Class A misdemeanor.
  (3) For purposes of this section, 'property' means any tangible
personal property or real property.
  SECTION 3.  { + The amendments to ORS 166.155 and 166.165 by
sections 1 and 2 of this 2011 Act apply to conduct occurring on
or after the effective date of this 2011 Act. + }
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