68th OREGON LEGISLATIVE ASSEMBLY--1995 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 833

                           B-Engrossed

                         House Bill 2137
                  Ordered by the Senate May 30
          Including House Amendments dated February 24
               and Senate Amendments dated May 30

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Children's Services
  Division, Department of Human Resources)


                             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.

  Expands assault in third degree to include causing physical
injury, while committed to juvenile facility, to staff member
acting in course of official duty at juvenile facility  { + and
to causing physical injury to emergency medical technician or
child 10 years of age or younger under certain circumstances + }.
Includes juvenile facilities within definition of 'correctional
facility ' for purposes of escape statutes.

                        A BILL FOR AN ACT
Relating to crime; amending ORS 131.005, 162.135 and 163.165.
Be It Enacted by the People of the State of Oregon:
  **************************** SECTION 1. ORS 163.165 is amended
to read:
  163.165. (1) A person commits the crime of assault in the third
degree if the person:
  (a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
  (b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
  (c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
  (d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' means a vehicle that is operated by or under contract to
any public body, as defined in ORS 166.115, in order to provide
public transportation;   { - or - }
  (e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to
another { + ;
  (f) While committed to a juvenile facility, intentionally or
knowingly causes physical injury to another knowing the other
person is a staff member of a juvenile facility while the other
person is acting in the course of official duty;
  (g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 823.020, while the technician or
paramedic is performing official duties; or
  (h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger + }.
  (2) Assault in the third degree is a Class C felony.
   { +  (3) As used in this section, 'juvenile facility' has the
meaning given that term in ORS 162.135. + }
  **************************** SECTION 2. ORS 162.135 is amended
to read:
  162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
  (1) 'Contraband' means:
  (a) Controlled substances as defined in ORS 475.005;
  (b) Drug paraphernalia as defined in ORS 475.525;
  (c) Currency possessed by or in the control of an inmate
confined in a correctional facility; or
  (d) Any article or thing which a person confined in a
correctional facility, juvenile facility or state hospital is
prohibited by statute, rule or order from obtaining or
possessing, and whose use would endanger the safety or security
of such institution or any person therein.
  (2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order { +  and includes but is
not limited to a juvenile facility + }. 'Correctional facility'
 { - does not include a juvenile facility, and - }  applies to a
state hospital only as to persons detained therein charged with
or convicted of a crime, or detained therein after acquittal of a
crime by reason of mental disease or defect under ORS 161.290 to
161.370.
  (3) 'Currency' means paper money and coins that are within the
correctional institution.
  (4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
juvenile facility or a state hospital.
  (5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board. 'Escape' does not include
failure to comply with provisions of a conditional release in ORS
135.245.
  (6) 'Juvenile facility' means the MacLaren School for Boys,
Hillcrest School of Oregon and any other school established by
law for similar purposes, and includes the other camps and
programs maintained under ORS chapter 420 and detention
facilities as defined in ORS 419A.004.
  (7) 'State hospital' means the Oregon State Hospital, F. H.
Dammasch State Hospital, Eastern Oregon Psychiatric Center,
Eastern Oregon Training Center, Fairview Training Center and any
other hospital established by law for similar purposes.
  (8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a juvenile facility or a
state hospital that, because of the nature of the court order, is
not a correctional facility as defined in this section, or the
failure to return to custody after any form of temporary release
or transitional leave from a correctional facility.
  **************************** SECTION 3. ORS 131.005 is amended
to read:


  131.005. As used in sections 1 to 311, chapter 836, Oregon Laws
1973, except as otherwise specifically provided or unless the
context requires otherwise:
  (1) 'Accusatory instrument' means a grand jury indictment, an
information or a complaint.
  (2) 'Bench warrant' means a process of a court in which a
criminal action is pending, directing a peace officer to take
into custody a defendant in the action who has previously
appeared before the court upon the accusatory instrument by which
the action was commenced, and to bring the defendant before the
court.  The function of a bench warrant is to achieve the court
appearance of a defendant in a criminal action for some purpose
other than the initial arraignment of the defendant in the
action.
  (3) 'Complaint' means a written accusation, verified by the
oath of a person and bearing an indorsement of acceptance by the
district attorney having jurisdiction thereof, filed with a
magistrate, and charging another person with the commission of an
offense, other than an offense punishable as a felony. A
complaint serves both to commence an action and as a basis for
prosecution thereof.
  (4) 'Complainant's information' means a written accusation,
verified by the oath of a person and bearing an indorsement of
acceptance by the district attorney having jurisdiction thereof,
filed with a magistrate, and charging another person with the
commission of an offense punishable as a felony. A complainant's
information serves to commence an action, but not as a basis for
prosecution thereof.
  (5) 'Correctional facility'   { - has the meaning provided for
that term in ORS 162.135 - }  { +  means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order. 'Correctional facility'
does not include a juvenile facility as defined in ORS 162.135
and applies to a state hospital only as to persons detained
therein charged with or convicted of a crime, or detained therein
after acquittal of a crime by reason of mental disease or defect
under ORS 161.290 to 161.370 + }.
  (6) 'Criminal action' means an action at law by means of which
a person is accused and tried for the commission of an offense.
  (7) 'Criminal proceeding' means any proceeding which
constitutes a part of a criminal action or occurs in court in
connection with a prospective, pending or completed criminal
action.
  (8) 'District attorney,' in addition to its ordinary meaning,
includes a city attorney as prosecuting officer in the case of
municipal ordinance offenses, a county counsel as prosecuting
officer under a county charter in the case of county ordinance
offenses, and the Attorney General in those criminal actions or
proceedings within the jurisdiction of the Attorney General.
  (9) 'District attorney's information' means a written
accusation by a district attorney and:
  (a) If filed with a magistrate to charge a person with the
commission of an offense, other than an offense punishable as a
felony, serves both to commence an action and as a basis for
prosecution thereof; or
  (b) If filed with a magistrate to charge a person with the
commission of an offense punishable as a felony, serves to
commence an action, but not as a basis for prosecution thereof;
or
  (c) If, as is otherwise authorized by law, filed in circuit
court to charge a person with the commission of an offense,
serves as a basis for prosecution thereof.
  (10) 'Information' means a district attorney's information or a
complainant's information.
  (11) 'Probable cause' means that there is a substantial
objective basis for believing that more likely than not an
offense has been committed and a person to be arrested has
committed it.
  (12) 'Trial court' means a court which by law has jurisdiction
over an offense charged in an accusatory instrument and has
authority to accept a plea thereto, or try, hear or otherwise
dispose of a criminal action based on the accusatory instrument.
  (13) 'Ultimate trial jurisdiction' means the jurisdiction of a
court over a criminal action or proceeding at the highest trial
level.
  (14) 'Warrant of arrest' means a process of a court, directing
a peace officer to arrest a defendant and to bring the defendant
before the court for the purpose of arraignment upon an
accusatory instrument filed therewith by which a criminal action
against the defendant has been commenced.
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