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 339

                           C-Engrossed

                         House Bill 2334
                  Ordered by the Senate June 5
        Including House Amendments dated February 24 and
            Senate Amendments dated May 23 and June 5

Sponsored by Representative PARKS (at the request of Klamath
  Falls Police Department)


                             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.

  Provides that assaulting public safety officer, including peace
officer, corrections officer, youth corrections officer,
emergency medical technician, firefighter or parole and probation
officer acting in course of official duty is punishable by
maximum one year imprisonment, $5,000 fine, or both.
  Creates crime of unlawful use of electrical stun gun, tear gas
or mace in second degree. Punishes by maximum of one year
imprisonment, $5,000 fine, or both.   { - Establishes sentencing
requirement when victim is firefighter. - }
  Creates crime of unlawful use of electrical stun gun, tear gas
or mace in first degree. Punishes by maximum of five years'
imprisonment, $100,000 fine, or both. Expands definitions of '
peace officer' and 'police officer' to include certain
investigators of district attorney's office.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  133.005, 133.525, 161.015, 163.208 and 181.610.
Be It Enacted by the People of the State of Oregon:
  **************************** SECTION 1. { +  As used in
sections 1 to 3 of this Act:
  (1) 'Corrections officer' and 'parole and probation officer'
have the meanings given those terms in ORS 181.610.
  (2) 'Mace, tear gas, pepper mace or any similar deleterious
agent' means a sternutator, lacrimator or any substance composed
of a mixture of a sternutator or lacrimator including, but not
limited to, chloroacetophenone, alpha-chloroacetophenone,
phenylchloromethylketone, orthochlorobenzalmalononitrile,
oleoresin capsicum or a chemically similar sternutator or
lacrimator by whatever name known, or phosgene or other gas or
substance capable of generating offensive, noxious or suffocating
fumes, gases or vapor or capable of immobilizing a person.
  (3) 'Tear gas weapon' includes:
  (a) Any shell, cartridge or bomb capable of being discharged or
exploded, when the discharge or explosion will cause or permit
the release or emission of tear gas or oleoresin capsicum.
  (b) Any revolver, pistol, fountain pen gun, billy or other form
of device, portable or fixed, intended for the projection or
release of tear gas or oleoresin capsicum. + }
  **************************** SECTION 2.  { + (1) A person
commits the crime of unlawful use of an electrical stun gun, tear
gas or mace in the second degree if the person recklessly
discharges an electrical stun gun, tear gas weapon, mace, tear
gas, pepper mace or any similar deleterious agent against another
person.
  (2) Unlawful use of an electrical stun gun, tear gas or mace in
the second degree is a Class A misdemeanor. + }
  **************************** SECTION 3.  { + (1) A person
commits the crime of unlawful use of an electrical stun gun, tear
gas or mace in the first degree if the person knowingly
discharges or causes to be discharged any electrical stun gun,
tear gas weapon, mace, tear gas, pepper mace or any similar
deleterious agent against another person, knowing the other
person to be a peace officer, corrections officer, parole and
probation officer, firefighter or emergency medical technician or
paramedic and while the other person is acting in the course of
official duty.
  (2) Unlawful use of an electrical stun gun, tear gas or mace in
the first degree is a Class C felony. + }
  **************************** SECTION 4. ORS 163.208 is amended
to read:
  163.208. (1) A person commits the crime of assaulting a public
safety officer if the person intentionally or knowingly
 { - : - }
    { - (a) - }  causes physical injury to the other person,
knowing the other person to be a peace officer, corrections
officer { + , youth corrections officer, parole and probation
officer, emergency medical technician  + }or firefighter, and
while the other person is acting in the course of official
duty { + . + }  ; or|  { -  - }
    { - (b) Uses or causes to be used any mace, tear gas, pepper
mace or any similar deleterious agent against the other person,
knowing the other person to be a peace officer, corrections
officer or firefighter, and while the other person is acting in
the course of official duty. - }
    { - (2) As used in this section, 'mace, tear gas, pepper mace
or similar deleterious agent' means a sternutator, lacrimator or
any substance composed of a mixture of a sternutator or
lacrimator including, but not limited to, chloroacetophenone,
alpha-chloroacetophenone, phenylchloromethylketone,
orthochlorobenzalmalononitrile, oleoresin capsicum or a
chemically similar sternutator or lacrimator by whatever name
known, or phosgene or other gas or substance capable of
generating offensive, noxious or suffocating fumes, gases or
vapor or capable of immobilizing a person. - }
    { - (3) - }  { +  (2) + } Assaulting a public safety officer
is a Class A misdemeanor.
   { +  (3)(a) Except as otherwise provided in paragraph (b) of
this subsection, + } a person convicted under this section shall
be sentenced to not less than seven days of imprisonment and
shall not be granted bench parole or suspension of sentence nor
released on a sentence of probation before serving at least seven
days of the sentence of confinement.
   { +  (b) A person convicted under this section shall be
sentenced to not less than 14 days of imprisonment and shall not
be granted bench parole or suspension of sentence nor released on
a sentence of probation before serving at least 14 days of the
sentence of confinement if the victim is a peace officer. + }
  **************************** SECTION 5. ORS 161.015 is amended
to read:
  161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
  (1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
  (2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
  (3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
  (4) 'Peace officer' means a sheriff, constable, marshal,
municipal police officer, member of the Oregon State
Police { + , + }   { - or - } investigator of the Criminal
Justice Division of the Department of Justice  { + or
investigator of a district attorney's office + } and such other
persons as may be designated by law.
  (5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
   { +  (6) 'Physical force' includes, but is not limited to, the
use of an electrical stun gun, tear gas or mace. + }
    { - (6) - }  { +  (7) + } 'Physical injury' means impairment
of physical condition or substantial pain.
    { - (7) - }  { +  (8) + } 'Serious physical injury' means
physical injury which creates a substantial risk of death or
which causes serious and protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the
function of any bodily organ.
    { - (8) - }  { +  (9) + } 'Possess' means to have physical
possession or otherwise to exercise dominion or control over
property.
    { - (9) - }  { +  (10) + } 'Public place' means a place to
which the general public has access and includes, but is not
limited to, hallways, lobbies and other parts of apartment houses
and hotels not constituting rooms or apartments designed for
actual residence, and highways, streets, schools, places of
amusement, parks, playgrounds and premises used in connection
with public passenger transportation.
  **************************** SECTION 6. ORS 133.005 is amended
to read:
  133.005. As used in ORS 131.655 and 133.005 to 133.381 and
133.410 to 133.450, unless the context requires otherwise:
  (1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
  (2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency and who is empowered to
effect an arrest with or without a warrant for violations of the
United States Code and who is authorized to carry firearms in the
performance of duty.
  (3) 'Peace officer' means a member of the Oregon State Police
or a sheriff, constable, marshal, municipal police officer,  { +
investigator of a district attorney's office if the investigator
is or has been certified as a peace officer in this or any other
state, + } or  { + an + } investigator of the Criminal Justice
Division of the Department of Justice of the State of Oregon.
  **************************** SECTION 7. ORS 133.525 is amended
to read:
  133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
  (1) 'Judge' means any judge of the district or circuit court,
the Court of Appeals, the Supreme Court, any justice of the peace
or municipal judge authorized to exercise the powers and perform
the duties of a justice of the peace.

  (2) 'Police officer' means a sheriff, municipal police officer,
member of the Oregon State Police { + , investigator of a
district attorney's office if the investigator is or has been
certified as a peace officer in this or any other state,  + }or
 { + an + } investigator of the Criminal Justice Division of the
Department of Justice.
  **************************** SECTION 8. ORS 181.610 is amended
to read:
  181.610. In ORS 181.610 to 181.690, unless the context requires
otherwise:
  (1) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (2) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer and acting
under the supervision and responsibility of a county sheriff.
  (3) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
  (4) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (5) 'Executive director' means the executive director of the
board.
  (6) 'Fire protection equipment' means any apparatus, machinery
or appliance intended for use by a fire service unit in fire
prevention or suppression activities. 'Fire protection equipment'
does not include forest fire protection equipment.
  (7) 'Fire service professional' means an officer or member of a
public fire protection agency who is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
include forest fire protection agency personnel.
  (8)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to
provide enhanced law enforcement services under ORS 451.010,
Indian reservation, Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission or common carrier railroad whose primary duty,
as prescribed by law, ordinance or directive, is any one or more
of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation.
  (b) 'Law enforcement unit' also means { + :
  (A) + } A police force or organization of a private entity with
a population of more than 1,000 residents in an unincorporated
area whose employees are commissioned by a county sheriff { + ;
and
  (B) A district attorney's office + }.
  (9) 'Parole and probation officer' means any officer employed
full time by the Department of Corrections, a county or a court
who is charged with and actually performs the duty of community
protection by controlling, supervising and providing reformative
services for adult parolees and probationers, or who performs the
duty of investigation of adult offenders on parole or probation
or being considered for parole or probation.
  (10) 'Police officer' means an officer { + , + }   { - or - }
member  { + or employee + } of a law enforcement unit who is
employed full time as a peace officer commissioned by a city,
port, school district, mass transit district, county, county
service district authorized to provide enhanced law enforcement
services under ORS 451.010, Indian reservation, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police and who is responsible for enforcing the criminal
laws of this state or laws or ordinances relating to airport
security { +  or is an investigator of a district attorney's
office if the investigator is or has been certified as a peace
officer in this or any other state + }.
  (11) 'Public or private safety agency' means any unit of state
or local government, a special purpose district or a private firm
which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (12) 'Public safety personnel' includes corrections officers,
emergency medical dispatchers, parole and probation officers,
police officers, telecommunicators and fire service
professionals.
  (13) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 401.720.
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