Chapter 543 Oregon Laws 2003

AN ACT

SB 564

Relating to crime; creating new provisions; and amending ORS 164.305, 164.365, 164.369 and 167.310.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 164.305 is amended to read:

164.305. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

[(1) “Police animal” means a dog or horse used in police work under the control of a peace officer as defined in ORS 161.015 who has successfully completed at least 360 hours of training in the care and use of a police animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.]

[(2)] (1) “Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.010 and “forestland,” as defined by ORS 477.001.

[(3)] (2) “Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property.

SECTION 2. ORS 164.369 and section 3 of this 2003 Act are added to and made a part of ORS 167.310 to 167.340.

SECTION 3. (1) A person commits the crime of assaulting a law enforcement animal if:

(a) The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and

(b) The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duties.

(2) Assaulting a law enforcement animal is a Class C felony.

SECTION 4. ORS 164.365 is amended to read:

164.365. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

(a) Damages or destroys property of another:

(A) In an amount exceeding $750;

(B) By means of an explosive;

(C) By starting a fire in an institution while the person is committed to and confined in the institution;

(D) Which is a livestock animal as defined in ORS 164.055;

(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

[(F) Which is a police animal and the police animal suffers death or serious physical injury; or]

[(G)] (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

(2) As used in subsection (1) of this section:

(a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

(b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.

(c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.

(d) “Railroad” has the meaning provided for that term in ORS 824.020.

(e) “Public transportation facility” means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

(f) “Telecommunications carrier” has the meaning given that term in ORS 133.721.

(3) Criminal mischief in the first degree is a Class C felony.

SECTION 5. ORS 164.369 is amended to read:

164.369. (1) A person commits the crime of interfering with a [police] law enforcement animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or reasonably should know is a [police] law enforcement animal while the [police] law enforcement animal is being used in the lawful discharge of its duty.

(2) Interfering with a [police] law enforcement animal is a Class A misdemeanor.

SECTION 6. ORS 167.310 is amended to read:

167.310. As used in ORS 167.310 to 167.350:

(1) “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.

(2) “Domestic animal” means an animal, other than livestock, that is owned or possessed by a person.

(3) “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.

(4) “Law enforcement animal” means a dog or horse used in law enforcement work under the control of a corrections officer, parole or probation officer, police officer or youth correction officer, as those terms are defined in ORS 181.610, who has successfully completed at least 360 hours of training in the care and use of a law enforcement animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.

[(4)] (5) “Livestock” has the meaning provided in ORS 609.125.

[(5)] (6) “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water.

(c) For a domestic animal other than a dog engaged in herding or protecting livestock, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and that has adequate bedding to protect against cold and dampness.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.

(e) For a domestic animal, continuous access to an area:

(A) With adequate space for exercise necessary for the health of the animal;

(B) With air temperature suitable for the animal; and

(C) Kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health.

[(6)] (7) “Physical injury” means physical trauma, impairment of physical condition or substantial pain.

[(7)] (8) “Physical trauma” means fractures, cuts, punctures, bruises, burns or other wounds.

[(8)] (9) “Possess” has the meaning provided in ORS 161.015.

[(9)] (10) “Serious physical injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date January 1, 2004

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