70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
SA to A-Eng. HB 3586
LC 4093/HB 3586-A4
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3586
By COMMITTEE ON JUDICIARY
June 10
On page 1 of the printed A-engrossed bill, line 2, delete the
first 'and' and insert a comma and after '163.115' insert ',
166.173, 166.360 and 166.370'.
On page 5, after line 24, insert:
' { + SECTION 6. + } ORS 166.360 is amended to read:
' 166.360. As used in ORS 166.360 to 166.380, unless the
context requires otherwise:
' (1) 'Capitol building' means the Capitol, { - the Supreme
Court Building, - } the State Office Building, the State Library
Building, the Labor and Industries Building, the State
Transportation Building, the Agriculture Building or the Public
Service Building and includes any new buildings which may be
constructed on the same grounds as an addition to the group of
buildings listed in this subsection.
' { + (2) 'Court facility' means a county courthouse or that
portion of any other building occupied by a court or occupied by
personnel related to court operations, or in which activities
related to court operations take place. + }
' { - (2) - } { + (3) + } 'Loaded firearm' means:
' (a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
' (b) A muzzle-loading firearm which is capped or primed and
has a powder charge and ball, shot or projectile in the barrel or
cylinder.
' { - (3) - } { + (4) + } 'Public building' means a
hospital, capitol building, a public or private school, college
or university, { - a county courthouse, - } a city hall or the
residence of any state official elected by the state at large,
and the grounds adjacent to each such building. The term also
includes that portion of any other building occupied by an agency
of the state or a municipal corporation, as defined in ORS
297.405 { + , other than a court facility + }.
' { + (5) 'Weapon' means:
' (a) A firearm;
' (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
knife, the use of which could inflict injury upon a person or
property;
' (c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
' (d) An electrical stun gun or any similar instrument;
' (e) A tear gas weapon as defined in ORS 163.211;
' (f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
' (g) A dangerous or deadly weapon as those terms are defined
in ORS 161.015. + }
' { + SECTION 7. + } ORS 166.370 is amended to read:
' 166.370. (1) Any person who intentionally possesses a loaded
or unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon conviction
be guilty of a Class C felony.
' { + (2)(a) Except as otherwise provided in paragraph (b) of
this subsection, a person who intentionally possesses:
' (A) A firearm in a court facility is guilty, upon conviction,
of a Class C felony. A person who intentionally possesses a
firearm in a court facility shall surrender the firearm to a law
enforcement officer.
' (B) A weapon, other than a firearm, in a court facility may
be required to surrender the weapon to a law enforcement officer
or to immediately remove it from the court facility. A person who
fails to comply with this subparagraph is guilty, upon
conviction, of a Class C felony.
' (b) The presiding judge of a judicial district may enter an
order permitting the possession of specified weapons in a court
facility. + }
' { - (2) - } { + (3) + } Subsection (1) of this section
does not apply to:
' (a) A sheriff, police officer, other duly appointed peace
officers or a corrections officer while acting within the scope
of employment.
' (b) A person summoned by a peace officer to assist in making
an arrest or preserving the peace, while the summoned person is
engaged in assisting the officer.
' (c) A member of the military forces of this state or the
United States, when engaged in the performance of duty.
' (d) A person who is licensed under ORS 166.291 and 166.292 to
carry a concealed handgun.
' (e) A person who is authorized by the officer or agency that
controls the public building to possess a firearm { + or
dangerous weapon + } in that public building.
' (f) Possession of a firearm on school property if the
firearm:
' (A) Is possessed by a person who is not otherwise prohibited
from possessing the firearm; and
' (B) Is unloaded and locked in a motor vehicle.
' { - (3)(a) - } { + (4)(a) + } Any person who knowingly, or
with reckless disregard for the safety of another, discharges or
attempts to discharge a firearm at a place that the person knows
is a school shall upon conviction be guilty of a Class C felony.
' (b) Paragraph (a) of this subsection does not apply to the
discharge of a firearm:
' (A) As part of a program approved by a school in the school
by an individual who is participating in the program; or
' (B) By a law enforcement officer acting in the officer's
official capacity.
' { - (4) Notwithstanding the provisions of subsection (2)(d)
of this section, a person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun may not possess a firearm in
a courtroom, jury room, judge's chambers or the areas adjacent
thereto that the presiding judge determines should be free of
firearms to insure the safety of the litigants, court personnel,
witnesses and others. - }
' (5) Any { - firearm or other dangerous - } weapon carried
in violation of this section is subject to the forfeiture
provisions of ORS 166.280.
' (6) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections (1) and { - (3) - } { + (4) + } of this section,
the district attorney may charge the person with only one of the
offenses.
' (7) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
' { + SECTION 8. + } ORS 166.173 is amended to read:
' 166.173. (1) A city or county may adopt ordinances to
regulate, restrict or prohibit the possession of loaded firearms
in public places as defined in ORS 161.015.
' (2) Ordinances adopted under subsection (1) of this section
do not apply to or affect:
' (a) A law enforcement officer in the performance of official
duty.
' (b) A member of the military in the performance of official
duty.
' (c) A person licensed to carry a concealed handgun.
' (d) A person authorized to possess a loaded firearm while in
or on a public building { + or court facility + } under ORS
166.370.'.
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