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 333

                         House Bill 2484

Sponsored by Representative SCHOON


                             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.

  Expands crime of murder to include criminal homicide caused by
operation of motor vehicle by intoxicated driver if driver has at
least one prior conviction for driving while under influence of
intoxicants.

                        A BILL FOR AN ACT
Relating to murder; amending ORS 163.115.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.115 is amended to read:
  163.115. (1) Except as provided in ORS 163.118 and 163.125,
criminal homicide constitutes murder:
  (a) When it is committed intentionally, except that it is an
affirmative defense that, at the time of the homicide, the
defendant was under the influence of an extreme emotional
disturbance;
  (b) When it is committed by a person, acting either alone or
with one or more persons, who commits or attempts to commit any
of the following crimes and in the course of and in furtherance
of the crime the person is committing or attempting to commit, or
during the immediate flight therefrom, the person, or another
participant if there be any, causes the death of a person other
than one of the participants:
  (A) Arson in the first degree as defined in ORS 164.325;
  (B) Criminal mischief in the first degree by means of an
explosive as defined in ORS 164.365;
  (C) Burglary in the first degree as defined in ORS 164.225;
  (D) Escape in the first degree as defined in ORS 162.165;
  (E) Kidnapping in the second degree as defined in ORS 163.225;
  (F) Kidnapping in the first degree as defined in ORS 163.235;
  (G) Robbery in the first degree as defined in ORS 164.415;
  (H) Any felony sexual offense in the first degree defined in
this chapter; or
  (I) Compelling prostitution as defined in ORS 167.017;
 { - or - }
   { +  (c) When it is committed by a person operating a motor
vehicle while the person is under the influence of intoxicants in
violation of ORS 813.010 and the person has previously been
convicted of driving while under the influence of intoxicants;
or + }
    { - (c) - }   { + (d) + } By abuse when a person, recklessly
under circumstances manifesting extreme indifference to the value
of human life, causes the death of a child under 14 years of age
or a dependent person, as defined in ORS 163.205, and the person
has previously engaged in a pattern or practice of assault or
torture of the victim or another child under 14 years of age or a
dependent person. As used in this paragraph:
  (A) 'Assault' means to intentionally, knowingly or recklessly
cause physical injury to another person. 'Assault ' does not
include the causing of physical injury in a motor vehicle
accident that occurs by reason of the reckless conduct of a
defendant.
  (B) 'Pattern or practice' means more than one previous episode.
  (C) 'Torture' means to intentionally inflict intense physical
pain upon an unwilling victim as a separate objective apart from
any other purpose.
  (2) An accusatory instrument alleging murder by abuse under
subsection   { - (1)(c) - }   { + (1)(d) + } of this section need
not allege specific incidents of assault or torture.
  (3) It is an affirmative defense to a charge of violating
subsection (1)(b) of this section that the defendant:
  (a) Was not the only participant in the underlying crime; and
  (b) Did not commit the homicidal act or in any way solicit,
request, command, importune, cause or aid in the commission
thereof; and
  (c) Was not armed with a dangerous or deadly weapon; and
  (d) Had no reasonable ground to believe that any other
participant was armed with a dangerous or deadly weapon; and
  (e) Had no reasonable ground to believe that any other
participant intended to engage in conduct likely to result in
death.
  (4)(a) A person convicted of murder shall be punished by
imprisonment for life.
  (b) When a defendant is convicted of murder under this section,
the court shall order that the defendant shall be confined for a
minimum of 10 years without possibility of parole, release on
work release or any form of temporary leave or employment at a
forest or work camp.
  (c) When a defendant is convicted of murder under this section,
the court, in addition to the minimum required by paragraph (b)
of this subsection, may order that the defendant shall be
confined for a minimum term of up to an additional 15 years
without possibility of parole, release on work release or any
form of temporary leave or employment at a forest or work camp.
  (d) The minimum term set forth in paragraph (b) or (c) of this
subsection may be set aside by a unanimous vote of the State
Board of Parole and Post-Prison Supervision.
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