77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3859

                         House Bill 3480

Sponsored by Representatives FREDERICK, GALLEGOS

                             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.

  Renames crime of intimidation as bias crime.
  Includes commission of assault in fourth degree as bias crime
in first degree when committed by one person and motivated by
perception of victim's race, color, religion, ethnicity, gender,
sexual orientation, disability or national origin.
  Modifies authority of certain law enforcement officials to
bring civil action based on commission of bias crime.
  Directs law enforcement agencies to report statistics regarding
bias crimes to Department of Justice.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to bias crimes; creating new provisions; amending ORS
  30.198, 30.200, 90.396, 131.602, 137.225, 137.712, 163.707,
  166.155, 166.165, 166.715 and 181.550; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.165 is amended to read:
  166.165. (1) Two or more persons acting together commit
 { - the crime of intimidation - }   { + a bias crime + } in the
first degree, if the persons:
  (a)(A) Intentionally, knowingly or recklessly cause physical
injury to another person because of the actors' perception of
that person's race, color, religion, { +  ethnicity, gender,
 + }sexual orientation, disability or national origin; or
  (B) With criminal negligence cause physical injury to another
person by means of a deadly weapon because of the actors'
perception of that person's race, color, religion,
 { + ethnicity, gender, + } sexual orientation, disability or
national origin;
  (b) Intentionally, because of the actors' perception of another
person's race, color, religion,  { + ethnicity, gender, + }
sexual orientation, disability or national origin, place another
person in fear of imminent serious physical injury; or
  (c) Commit   { - such - }  acts   { - as - }   { + that + }
would constitute   { - the crime of intimidation - }   { + a bias
crime + } in the second degree, if undertaken by one person
acting alone.
   { +  (2) A person commits a bias crime in the first degree if
the person:

  (a) Intentionally, knowingly or recklessly causes physical
injury to another person because of the actor's perception of
that person's race, color, religion, ethnicity, gender, sexual
orientation, disability or national origin; or
  (b) With criminal negligence causes physical injury to another
person by means of a deadly weapon because of the actor's
perception of that person's race, color, religion, ethnicity,
gender, sexual orientation, disability or national origin. + }
    { - (2) - }   { + (3) + }   { - Intimidation - }   { + A bias
crime + } in the first degree is a Class C felony.
  SECTION 2. ORS 166.155 is amended to read:
  166.155. (1) A person commits   { - the crime of
intimidation - }   { + a bias crime  + }in the second degree if
the person:
  (a) Tampers or interferes with property, having no right to do
so nor reasonable ground to believe that the person has such
right, with the intent to cause substantial inconvenience to
another because of the person's perception of the other's race,
color, religion,  { + ethnicity, gender, + } sexual orientation,
disability or national origin;
  (b) Intentionally subjects another to offensive physical
contact because of the person's perception of the other's race,
color, religion,  { + ethnicity, gender, + } sexual orientation,
disability or national origin; or
  (c) Intentionally, because of the person's perception of race,
color, religion,  { + ethnicity, gender, + } sexual orientation,
disability or national origin of another or of a member of the
other's family, subjects the other person to alarm by
threatening:
  (A) To inflict serious physical injury upon or to commit a
felony affecting the other person, or a member of the person's
family; or
  (B) To cause substantial damage to the property of the other
person or of a member of the other person's family.
  (2)   { - Intimidation - }   { + A bias crime + } in the second
degree is a Class A misdemeanor.
  (3) For purposes of this section, 'property' means any tangible
personal property or real property.
  SECTION 3. ORS 30.200 is amended to read:
  30.200.  { + (1) + } If   { - any - }   { + the Attorney
General or a + } district attorney has reasonable cause to
believe that   { - any - }   { + a + } person or group of persons
is engaged in violation of ORS 166.155 or 166.165, the
 { + Attorney General or + } district attorney may bring a civil
claim for relief in the appropriate court, setting forth facts
pertaining to   { - such - }   { + the + } violation, and request
 { - such - } relief as may be necessary to restrain or prevent
 { - such - }   { + the + } violation.  { + In addition to any
other available remedy, the court:
  (a) May order the person or group to pay special and general
damages, including damages for emotional distress.
  (b) May make additional orders or judgments as may be necessary
to restore to a person in interest any moneys or property, real
or personal, of which the person was deprived as a result of the
violation.
  (c) Shall award reasonable attorney fees, expert witness fees
and investigative costs to the Attorney General or district
attorney if the Attorney General or district attorney prevails in
an action under this section.
  (d) May award reasonable attorney fees and expert witness fees
to a defendant who prevails in an action under this section if
the court determines that the Attorney General or district
attorney had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of
the trial court.

  (2) A temporary restraining order may be granted without prior
notice to the person or group if the court finds there is a
threat of immediate harm to the public health, safety or welfare.
A temporary restraining order issued under this subsection may
not exceed 10 days, except that:
  (a) The order may be extended by court order for good cause
shown for an amount of time equal to the terms of the original
order; or
  (b) The order may be for any amount of time if the restrained
person or group consents to the terms of the order.
  (3) + } Any claim for relief under this section does not
prevent
  { - any - }   { + a + } person from seeking any other remedy
otherwise available under law.
  SECTION 4. ORS 30.198 is amended to read:
  30.198. (1) Irrespective of any criminal prosecution or the
result thereof, any person injured by a violation of ORS 166.155
or 166.165 shall have a civil action to secure an injunction,
damages or other appropriate relief against any and all persons
whose actions are unlawful under ORS 166.155 and 166.165.
    { - (2) Upon prevailing in such action, the plaintiff may
recover: - }
    { - (a) Both special and general damages, including damages
for emotional distress; and - }
    { - (b) Punitive damages. - }
   { +  (2) Upon prevailing in an action described in subsection
(1) of this section, the plaintiff may recover both special and
general damages, including damages for emotional distress. + }
  (3) The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an
adverse decision of a trial court.
  (4) The parent, parents or legal guardian of an unemancipated
minor shall be liable for any judgment recovered against such
minor under this section, in an amount not to exceed $5,000.
   { +  (5) Actions brought under this section shall be commenced
within one year from the violation. However, whenever a claim is
filed by the Attorney General or a district attorney under ORS
30.200, running of the statute of limitations with respect to a
private right of action under this section and based in whole or
in part on a matter in the claim shall be suspended during the
pendency of the proceeding held under ORS 30.200. + }
  SECTION 5. ORS 181.550 is amended to read:
  181.550. (1) All law enforcement agencies shall report to the
Department of State Police statistics concerning crimes:
  (a) As directed by the department, for purposes of the Uniform
Crime Reporting System of the Federal Bureau of Investigation.
  (b) As otherwise directed by the Governor concerning general
criminal categories of criminal activities but not individual
criminal records.
  (c) Motivated by prejudice based on the perceived race, color,
religion,  { + ethnicity, gender, + } national origin, sexual
orientation, marital status, political affiliation or beliefs,
membership or activity in or on behalf of a labor organization or
against a labor organization, physical or mental disability, age,
economic or social status or citizenship of the victim.
  (d) And other incidents arising out of domestic disturbances
under ORS 133.055 (2) and 133.310 (3).
   { +  (2) All law enforcement agencies shall report to the
Department of Justice, in accordance with rules adopted by the
department, statistics concerning crimes motivated by prejudice
based on the perceived race, color, religion, ethnicity, gender,

national origin, sexual orientation or disability of the
victim. + }
    { - (2) - }   { + (3) + } The Department  { + of State
Police + } shall prepare:
  (a) Quarterly and annual reports for the use of agencies
reporting under subsection (1) of this section, and others having
an interest therein;
  (b) An annual public report of the statistics on the incidence
of crime motivated by prejudice based on the perceived race,
color, religion,  { + ethnicity, gender, + } national origin,
sexual orientation, marital status, political affiliation or
beliefs, membership or activity in or on behalf of a labor
organization or against a labor organization, physical or mental
disability, age, economic or social status or citizenship of the
victim;
  (c) Quarterly and annual reports of the statistics on the
incidence of crimes and incidents of domestic disturbances; and
  (d) Special reports as directed by the Governor.
  SECTION 6. ORS 131.602 is amended to read:
  131.602. The crimes to which ORS 131.550 (12)(b) applies are:
  (1) Bribe giving, as defined in ORS 162.015.
  (2) Bribe receiving, as defined in ORS 162.025.
  (3) Public investment fraud, as defined in ORS 162.117.
  (4) Bribing a witness, as defined in ORS 162.265.
  (5) Bribe receiving by a witness, as defined in ORS 162.275.
  (6) Simulating legal process, as defined in ORS 162.355.
  (7) Official misconduct in the first degree, as defined in ORS
162.415.
  (8) Assisting another person to commit suicide, as defined in
ORS 163.193.
  (9) Custodial interference in the second degree, as defined in
ORS 163.245.
  (10) Custodial interference in the first degree, as defined in
ORS 163.257.
  (11) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
  (12) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
  (13) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
  (14) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
  (15) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
  (16) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
  (17) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
  (18) Theft in the second degree, as defined in ORS 164.045.
  (19) Theft in the first degree, as defined in ORS 164.055.
  (20) Aggravated theft in the first degree, as defined in ORS
164.057.
  (21) Theft by extortion, as defined in ORS 164.075.
  (22) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
  (23) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
  (24) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
  (25) Unauthorized use of a vehicle, as defined in ORS 164.135.
  (26) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
  (27) Laundering a monetary instrument, as defined in ORS
164.170.
  (28) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
  (29) Burglary in the second degree, as defined in ORS 164.215.
  (30) Burglary in the first degree, as defined in ORS 164.225.
  (31) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
  (32) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
  (33) Arson in the second degree, as defined in ORS 164.315.
  (34) Arson in the first degree, as defined in ORS 164.325.
  (35) Computer crime, as defined in ORS 164.377.
  (36) Robbery in the third degree, as defined in ORS 164.395.
  (37) Robbery in the second degree, as defined in ORS 164.405.
  (38) Robbery in the first degree, as defined in ORS 164.415.
  (39) Unlawful labeling of a sound recording, as defined in ORS
164.868.
  (40) Unlawful recording of a live performance, as defined in
ORS 164.869.
  (41) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
  (42) A violation of ORS 164.886.
  (43)(a) Endangering aircraft in the first degree, as defined in
ORS 164.885.
  (b) Endangering aircraft in the second degree, as defined in
ORS 164.885.
  (44) Interference with agricultural operations, as defined in
ORS 164.887.
  (45) Forgery in the second degree, as defined in ORS 165.007.
  (46) Forgery in the first degree, as defined in ORS 165.013.
  (47) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
  (48) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
  (49) Criminal possession of a forgery device, as defined in ORS
165.032.
  (50) Criminal simulation, as defined in ORS 165.037.
  (51) Fraudulently obtaining a signature, as defined in ORS
165.042.
  (52) Fraudulent use of a credit card, as defined in ORS
165.055.
  (53) Negotiating a bad check, as defined in ORS 165.065.
  (54) Possessing a fraudulent communications device, as defined
in ORS 165.070.
  (55) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
  (56) Falsifying business records, as defined in ORS 165.080.
  (57) Sports bribery, as defined in ORS 165.085.
  (58) Sports bribe receiving, as defined in ORS 165.090.
  (59) Misapplication of entrusted property, as defined in ORS
165.095.
  (60) Issuing a false financial statement, as defined in ORS
165.100.
  (61) Obtaining execution of documents by deception, as defined
in ORS 165.102.
  (62) A violation of ORS 165.543.
  (63) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
  (64) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
  (65) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
  (66) Identity theft, as defined in ORS 165.800.
  (67) A violation of ORS 166.190.
  (68) Unlawful use of a weapon, as defined in ORS 166.220.
  (69) A violation of ORS 166.240.

  (70) Unlawful possession of a firearm, as defined in ORS
166.250.
  (71) A violation of ORS 166.270.
  (72) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
  (73) A violation of ORS 166.275.
  (74) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
  (75) A violation of ORS 166.370.
  (76) Unlawful possession of a destructive device, as defined in
ORS 166.382.
  (77) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
  (78) Possession of a hoax destructive device, as defined in ORS
166.385.
  (79) A violation of ORS 166.410.
  (80) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
  (81) Improperly transferring a firearm, as defined in ORS
166.418.
  (82) Unlawfully purchasing a firearm, as defined in ORS
166.425.
  (83) A violation of ORS 166.429.
  (84) A violation of ORS 166.470.
  (85) A violation of ORS 166.480.
  (86) A violation of ORS 166.635.
  (87) A violation of ORS 166.638.
  (88) Unlawful paramilitary activity, as defined in ORS 166.660.
  (89) A violation of ORS 166.720.
  (90) Prostitution, as defined in ORS 167.007.
  (91) Patronizing a prostitute, as defined in ORS 167.008.
  (92) Promoting prostitution, as defined in ORS 167.012.
  (93) Compelling prostitution, as defined in ORS 167.017.
  (94) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
  (95) Unlawful gambling in the second degree, as defined in ORS
167.122.
  (96) Unlawful gambling in the first degree, as defined in ORS
167.127.
  (97) Possession of gambling records in the second degree, as
defined in ORS 167.132.
  (98) Possession of gambling records in the first degree, as
defined in ORS 167.137.
  (99) Possession of a gambling device, as defined in ORS
167.147.
  (100) Possession of a gray machine, as defined in ORS 167.164.
  (101) Cheating, as defined in ORS 167.167.
  (102) Tampering with drug records, as defined in ORS 167.212.
  (103) A violation of ORS 167.262.
  (104) Research and animal interference, as defined in ORS
167.312.
  (105) Animal abuse in the first degree, as defined in ORS
167.320.
  (106) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
  (107) Animal neglect in the first degree, as defined in ORS
167.330.
  (108) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
  (109) Involvement in animal fighting, as defined in ORS
167.355.
  (110) Dogfighting, as defined in ORS 167.365.
  (111) Participation in dogfighting, as defined in ORS 167.370.
  (112) Unauthorized use of a livestock animal, as defined in ORS
167.385.
  (113) Interference with livestock production, as defined in ORS
167.388.
  (114) A violation of ORS 167.390.
  (115) Participation in cockfighting, as defined in ORS 167.431.
  (116) A violation of ORS 471.410.
  (117) Failure to report missing precursor substances, as
defined in ORS 475.955.
  (118) Illegally selling drug equipment, as defined in ORS
475.960.
  (119) Providing false information on a precursor substances
report, as defined in ORS 475.965.
  (120) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
  (121) A violation of ORS 475.752, if it is a felony or a Class
A misdemeanor.
  (122) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
  (123) A violation of ORS 475.916.
  (124) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
  (125) A violation of ORS 475.904.
  (126) Misuse of an identification card, as defined in ORS
807.430.
  (127) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
  (128) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
  (129) Using an invalid license, as defined in ORS 807.580.
  (130) Permitting misuse of a license, as defined in ORS
807.590.
  (131) Using another's license, as defined in ORS 807.600.
  (132) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
  (133) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
  (134) Unlawful distribution of cigarettes, as defined in ORS
323.482.
  (135) Unlawful distribution of tobacco products, as defined in
ORS 323.632.
  (136) A violation of ORS 180.440 (2) or 180.486 (2).
  (137) A violation described in ORS 475.806 to 475.894, if it is
a felony.
  (138) Subjecting another person to involuntary servitude in the
first degree, as defined in ORS 163.264.
  (139) Subjecting another person to involuntary servitude in the
second degree, as defined in ORS 163.263.
  (140) Trafficking in persons, as defined in ORS 163.266.
  (141) Luring a minor, as defined in ORS 167.057.
  (142) Online sexual corruption of a child in the second degree,
as defined in ORS 163.432.
  (143) Online sexual corruption of a child in the first degree,
as defined in ORS 163.433.
   { +  (144) A bias crime in the second degree under ORS
166.155.
  (145) A bias crime in the first degree under ORS 166.165. + }
    { - (144) - }   { + (146) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (143) - }   { + (145) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
  SECTION 7. ORS 90.396 is amended to read:
  90.396. (1) Except as provided in subsection (2) of this
section, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, the landlord may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168, if:
  (a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens to inflict substantial personal injury,
or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
  (b) The tenant or someone in the tenant's control recklessly
endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
  (c) The tenant, someone in the tenant's control or the tenant's
pet inflicts any substantial personal injury upon a neighbor
living in the immediate vicinity of the premises;
  (d) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
  (e)(A) The tenant intentionally provided substantial false
information on the application for the tenancy within the past
year;
  (B) The false information was with regard to a criminal
conviction of the tenant that would have been material to the
landlord's acceptance of the application; and
  (C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; or
  (f) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. For
purposes of this paragraph, an act is outrageous in the extreme
if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable
person in that community would consider to be so offensive as to
warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act
that warrants a 30-day termination under ORS 90.392. Acts that
are ' outrageous in the extreme' include, but are not limited to,
the following acts by a person:
  (A) Prostitution, patronizing a prostitute or promoting
prostitution, as described in ORS 167.007, 167.008 and 167.012;
  (B) Manufacture, delivery or possession of a controlled
substance, as described in ORS 475.005, but not including:
  (i) The medical use of marijuana in compliance with ORS 475.300
to 475.346;
  (ii) Possession of, or delivery for no consideration of, less
than one avoirdupois ounce of marijuana as described in ORS
475.860 (3) or 475.864 (3); or
  (iii) Possession of prescription drugs;
  (C)   { - Intimidation - }   { + A bias crime + }, as described
in ORS 166.155 and 166.165; or
  (D) Burglary as described in ORS 164.215 and 164.225.
  (2) If the cause for a termination notice given pursuant to
subsection (1) of this section is based upon the acts of the
tenant's pet, the tenant may cure the cause and avoid termination
of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of
the tenant to cure the cause. If the tenant returns the pet to
the premises at any time after having cured the violation, the
landlord, after at least 24 hours' written notice specifying the
subsequent presence of the offending pet, may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168. The tenant does not have a right to cure this
subsequent violation.
  (3) For purposes of subsection (1) of this section, someone is
in the tenant's control if that person enters or remains on the
premises with the tenant's permission or consent after the tenant
reasonably knows or should know of that person's act or
likelihood to commit any act of the type described in subsection
(1) of this section.
  (4) An act can be proven to be outrageous in the extreme even
if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection
(1)(f) of this section, the landlord's burden of proof in an
action for possession under subsection (1) of this section is the
civil standard of proof by a preponderance of the evidence.
  (5) If a good faith effort by a landlord to terminate the
tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails
by decision of the court, the landlord may not be found in
violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or
forfeiture as long as the landlord continues to make a good faith
effort to terminate the tenancy.
  SECTION 8. ORS 137.225, as amended by section 4, chapter 70,
Oregon Laws 2012, is amended to read:
  137.225. (1)(a) At any time after the lapse of three years from
the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court where the conviction was entered
for entry of an order setting aside the conviction; or
  (b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court that would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested
person has secreted himself or herself within or without this
state is not included.
  (2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation 'motion for
setting aside conviction,' or 'motion for setting aside arrest
record' as the case may be, shall be forwarded to the Department
of State Police. Information resulting from the fingerprint
search along with the fingerprint card shall be returned to the
prosecuting attorney.
  (b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
  (c) When a person makes a motion under subsection (1)(a) of
this section, the person must pay a fee of $80 to the Department
of State Police. The person shall attach a certified check
payable to the Department of State Police in the amount of $80 to
the fingerprint card that is served upon the prosecuting
attorney. The office of the prosecuting attorney shall forward
the check with the fingerprint card to the Department of State
Police.
  (d) In addition to the fee established under paragraph (c) of
this subsection, when a person makes a motion under subsection
(1)(a) of this section the person must pay the filing fee
established under ORS 21.135.
  (3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
the court deems proper. The court shall allow the victim to make
a statement at the hearing. Except as otherwise provided in
subsection (14) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
conviction, or the arrest record as the case may be, the court
shall enter an appropriate order that shall state the original
arrest charge and the conviction charge, if any and if different
from the original, date of charge, submitting agency and
disposition. The order shall further state that positive
identification has been established by the Department of State
Police and further identified as to Department of State Police
number or submitting agency number. Upon the entry of the order,
the applicant for purposes of the law shall be deemed not to have
been previously convicted, or arrested as the case may be, and
the court shall issue an order sealing the record of conviction
and other official records in the case, including the records of
arrest whether or not the arrest resulted in a further criminal
proceeding.
  (4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of the order, the conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to its
occurrence.
  (5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
  (a) A Class B felony, except for a violation of ORS 166.429 or
any crime classified as a person felony as that term is defined
in the rules of the Oregon Criminal Justice Commission.
  (b) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse as defined in ORS 419B.005 or any sex crime.
  (c) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
  (d) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for:
  (A) Any sex crime; or
  (B) The following crimes when they would constitute child abuse
as defined in ORS 419B.005:
  (i) Criminal mistreatment in the first degree under ORS
163.205; and
  (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
  (e) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse as defined in ORS 419B.005 or any
sex crime.
  (f) A violation, whether under state law or local ordinance.
  (g) An offense committed before January 1, 1972, that if
committed after that date would be:
  (A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
  (i) Criminal mistreatment in the first degree under ORS
163.205; and
  (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
  (B) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
  (i) Criminal mistreatment in the first degree under ORS
163.205; and
  (ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
  (C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse as defined in ORS 419B.005 or any sex crime.
  (D) A violation.
  (6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
  (a) A conviction for a state or municipal traffic offense.
  (b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction that has been set
aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
  (c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
  (7) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section do not apply to:
  (a) Criminal mistreatment in the second degree under ORS
163.200 if the victim at the time of the crime was 65 years of
age or older; and
  (b) Criminal mistreatment in the first degree under ORS 163.205
if the victim at the time of the crime was 65 years of age or
older.
  (8) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section do not apply to
criminally negligent homicide under ORS 163.145, when that
offense was punishable as a Class C felony.
  (9) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section apply to a
conviction for a Class B felony described in subsection (5)(a) of
this section only if:
  (a) Twenty years or more have elapsed from the date of the
conviction sought to be set aside or of the release of the person
from imprisonment for the conviction sought to be set aside,
whichever is later; and
  (b) The person has not been convicted of or arrested for any
other offense, excluding motor vehicle violations, after the date
the person was convicted of the offense sought to be set aside.
Notwithstanding subsection (1) of this section, a conviction or
arrest that has been set aside under this section shall be
considered for the purpose of determining whether this paragraph
is applicable.
  (10) The provisions of subsection (1)(b) of this section do not
apply to:
  (a) A person arrested within the three-year period immediately
preceding the filing of the motion for any offense, excluding
motor vehicle violations, and excluding arrests for conduct
associated with the same criminal episode that caused the arrest
that is sought to be set aside. An arrest that has been set aside
under this section may not be considered for the purpose of
determining whether this paragraph is applicable.
  (b) An arrest for driving while under the influence of
intoxicants if the charge is dismissed as a result of the
person's successful completion of a diversion agreement described
in ORS 813.200.
  (11) The provisions of subsection (1) of this section apply to
convictions and arrests that occurred before, as well as those
that occurred after, September 9, 1971. There is no time limit
for making an application.
  (12) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an
order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
  (13) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order has no other
effect on the orders setting aside the conviction or the arrest
record.
  (14) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
  (a) Abandonment of a child, ORS 163.535.
  (b) Attempted assault in the second degree, ORS 163.175.
  (c) Assault in the third degree, ORS 163.165.
  (d) Coercion, ORS 163.275.
  (e) Criminal mistreatment in the first degree, ORS 163.205.
  (f) Attempted escape in the first degree, ORS 162.165.
  (g) Incest, ORS 163.525, if the victim was at least 18 years of
age.
  (h)   { - Intimidation - }   { + A bias crime + } in the first
degree, ORS 166.165.
  (i) Attempted kidnapping in the second degree, ORS 163.225.
  (j) Attempted robbery in the second degree, ORS 164.405.
  (k) Robbery in the third degree, ORS 164.395.
  (L) Supplying contraband, ORS 162.185.
  (m) Unlawful use of a weapon, ORS 166.220.
  (15) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594.
  SECTION 9. ORS 137.712 is amended to read:
  137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, assault in the second degree as defined
in ORS 163.175 (1)(b), kidnapping in the second degree as defined
in ORS 163.225, rape in the second degree as defined in ORS
163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in
ORS 163.408, sexual abuse in the first degree as defined in ORS
163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the
rules of the Oregon Criminal Justice Commission that is less than
the minimum sentence that otherwise may be required by ORS
137.700 or 137.707 if the court, on the record at sentencing,
makes the findings set forth in subsection (2) of this section
and finds that a substantial and compelling reason under the
rules of the Oregon Criminal Justice Commission justifies the
lesser sentence.  When the court imposes a sentence under this
subsection, the person is eligible for a reduction in the
sentence as provided in ORS 421.121 and any other statute.
  (b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
  (A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
  (B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
  (C) A sentence of probation will better serve to protect
society.

  (2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
  (a) If the conviction is for manslaughter in the second degree:
  (A) That the victim was a dependent person as defined in ORS
163.205 who was at least 18 years of age;
  (B) That the defendant is the mother or father of the victim;
  (C) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
  (D) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
  (E) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
  (F) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
  (b) If the conviction is for assault in the second degree:
  (A) That the victim was not physically injured by means of a
deadly weapon;
  (B) That the victim did not suffer a significant physical
injury; and
  (C) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
  (c) If the conviction is for kidnapping in the second degree:
  (A) That the victim was at least 12 years of age at the time
the crime was committed; and
  (B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
  (d) If the conviction is for robbery in the second degree:
  (A) That the victim did not suffer a significant physical
injury;
  (B) That, if the defendant represented by words or conduct that
the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury;
  (C) That, if the defendant represented by words or conduct that
the defendant was armed with a deadly weapon, the representation
did not reasonably put the victim in fear of imminent physical
injury; and
  (D) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
  (e) If the conviction is for rape in the second degree, sodomy
in the second degree or sexual abuse in the first degree:
  (A) That the victim was at least 12 years of age, but under 14
years of age, at the time of the offense;
  (B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
  (C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
  (D) That the defendant was no more than five years older than
the victim at the time of the offense;
  (E) That the offense did not involve sexual contact with any
minor other than the victim; and
  (F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
  (f) If the conviction is for unlawful sexual penetration in the
second degree:
  (A) That the victim was 12 years of age or older at the time of
the offense;
  (B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
  (C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
  (D) That the defendant was no more than five years older than
the victim at the time of the offense;
  (E) That the offense did not involve sexual contact with any
minor other than the victim;
  (F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
  (G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
  (3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
  (4) The crimes to which subsection (2)(a)(F), (b)(C), (c)(B),
(d)(D), (e)(B) and (f)(B) of this section refer are:
  (a) A crime listed in ORS 137.700 (2) or 137.707 (4);
  (b) Escape in the first degree, as defined in ORS 162.165;
  (c) Aggravated murder, as defined in ORS 163.095;
  (d) Criminally negligent homicide, as defined in ORS 163.145;
  (e) Assault in the third degree, as defined in ORS 163.165;
  (f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
  (g) Rape in the third degree, as defined in ORS 163.355;
  (h) Sodomy in the third degree, as defined in ORS 163.385;
  (i) Sexual abuse in the second degree, as defined in ORS
163.425;
  (j) Stalking, as defined in ORS 163.732;
  (k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
  (L) Arson in the first degree, as defined in ORS 164.325;
  (m) Robbery in the third degree, as defined in ORS 164.395;
  (n)   { - Intimidation - }   { + A bias crime + } in the first
degree, as defined in ORS 166.165;
  (o) Promoting prostitution, as defined in ORS 167.012; and
  (p) An attempt or solicitation to commit any Class A or B
felony listed in paragraphs (a) to (L) of this subsection.
  (5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced
to probation under this section violates a condition of probation
by committing a new crime, the court shall revoke the probation
and impose the presumptive sentence of imprisonment under the
rules of the Oregon Criminal Justice Commission.
  (6) As used in this section:
  (a) 'Conviction' includes, but is not limited to:
  (A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court. 'Conviction' does not include a juvenile court
adjudication described in this subparagraph if the person
successfully asserted the defense set forth in ORS 419C.522.
  (B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
  (b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony, including an attempt or
solicitation to commit a Class B felony, or a misdemeanor, unless
the conviction was entered within the 10-year period immediately
preceding the date on which the current crime was committed.
  (c) 'Significant physical injury' means a physical injury that:
  (A) Creates a risk of death that is not a remote risk;
  (B) Causes a serious and temporary disfigurement;
  (C) Causes a protracted disfigurement; or
  (D) Causes a prolonged impairment of health or the function of
any bodily organ.
  SECTION 10. ORS 163.707 is amended to read:
  163.707. (1) A motor vehicle used by the owner in a drive-by
shooting is subject to civil in rem forfeiture.
  (2) Seizure and forfeiture proceedings under this section shall
be conducted in accordance with ORS chapter 131A.
  (3) As used in this section, 'drive-by shooting' means
discharge of a firearm from a motor vehicle while committing or
attempting to commit:
  (a) Aggravated murder under ORS 163.095;
  (b) Murder under ORS 163.115;
  (c) Manslaughter in any degree under ORS 163.118 or 163.125;
  (d) Assault in any degree under ORS 163.160, 163.165, 163.175
or 163.185;
  (e) Menacing under ORS 163.190;
  (f) Recklessly endangering another person under ORS 163.195;
  (g) Assaulting a public safety officer under ORS 163.208; or
  (h)   { - Intimidation - }   { + A bias crime + } in any degree
under ORS 166.155 or 166.165.
  SECTION 11. ORS 166.715 is amended to read:
  166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
  (1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
  (2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
  (3) 'Investigative agency' means the Department of Justice or
any district attorney.
  (4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
  (5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
  (6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
  (a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
  (A) ORS 59.005 to 59.451, 59.710 to 59.830, 59.991 and 59.995,
relating to securities;
  (B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
  (C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
  (D) ORS 162.405 to 162.425, relating to abuse of public office;
  (E) ORS 162.455, relating to interference with legislative
operation;
  (F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
  (G) ORS 163.160 to 163.205, relating to assault and related
offenses;
  (H) ORS 163.225 and 163.235, relating to kidnapping;
  (I) ORS 163.275, relating to coercion;
  (J) ORS 163.665 to 163.693, relating to sexual conduct of
children;
  (K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
  (L) ORS 164.315 to 164.335, relating to arson and related
offenses;
  (M) ORS 164.345 to 164.365, relating to criminal mischief;
  (N) ORS 164.395 to 164.415, relating to robbery;
  (O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
  (P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
  (Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
  (R) ORS 165.540 and 165.555, relating to communication crimes;
  (S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
  (T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.057, 167.062 to 167.080, 167.090,
167.122 to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355,
167.365, 167.370, 167.428, 167.431 and 167.439, relating to
prostitution, obscenity, sexual conduct, gambling, computer
crimes involving the Oregon State Lottery, animal fighting,
forcible recovery of a fighting bird and related offenses;
  (U) ORS 171.990, relating to legislative witnesses;
  (V) ORS 260.575 and 260.665, relating to election offenses;
  (W) ORS 314.075, relating to income tax;
  (X) ORS 180.440 (2) and 180.486 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the
directories developed under ORS 180.425 and 180.477;
  (Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
  (Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
  (AA) ORS 463.995, relating to boxing, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
  (BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;

  (CC) ORS 475.005 to 475.285 and 475.752 to 475.980, relating to
controlled substances;
  (DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
  (EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
  (FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
  (GG) ORS chapter 706, relating to banking law administration;
  (HH) ORS chapter 714, relating to branch banking;
  (II) ORS chapter 716, relating to mutual savings banks;
  (JJ) ORS chapter 723, relating to credit unions;
  (KK) ORS chapter 726, relating to pawnbrokers;
  (LL) ORS 166.382 and 166.384, relating to destructive devices;
  (MM) ORS 165.074;
  (NN) ORS 86A.095 to 86A.198, relating to mortgage bankers and
mortgage brokers;
  (OO) ORS chapter 496, 497 or 498, relating to wildlife;
  (PP) ORS 163.355 to 163.427, relating to sexual offenses;
  (QQ) ORS 166.015, relating to riot;
  (RR) ORS 166.155 and 166.165, relating to
 { - intimidation - }   { + a bias crime + };
  (SS) ORS chapter 696, relating to real estate and escrow;
  (TT) ORS chapter 704, relating to outfitters and guides;
  (UU) ORS 165.692, relating to making a false claim for health
care payment;
  (VV) ORS 162.117, relating to public investment fraud;
  (WW) ORS 164.170 or 164.172;
  (XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
  (YY) ORS 164.886;
  (ZZ) ORS 167.312 and 167.388;
  (AAA) ORS 164.889;
  (BBB) ORS 165.800; or
  (CCC) ORS 163.263, 163.264 or 163.266.
  (b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
  (7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
  (a) In violation of any one of the following:
  (A) ORS chapter 462, relating to racing;
  (B) ORS 167.108 to 167.164, relating to gambling; or
  (C) ORS 82.010 to 82.170, relating to interest and usury.
  (b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
  (8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
  SECTION 12. { +  The amendments to ORS 30.198, 30.200, 90.396,
131.602, 137.225, 137.712, 163.707, 166.155, 166.165, 166.715 and
181.550 by sections 1 to 11 of this 2013 Act apply to conduct
occurring on or after the effective date of this 2013 Act. + }
  SECTION 13.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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