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 259

                           A-Engrossed

                         Senate Bill 347
                   Ordered by the Senate May 7
             Including Senate Amendments dated May 7

Sponsored by Senator BURDICK, Representative TOMEI; Senators
  DINGFELDER, HASS, ROSENBAUM, STEINER HAYWARD, Representatives
  DOHERTY, FREDERICK, GALLEGOS, GREENLICK, WILLIAMSON (Presession
  filed.)

                             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.

  Modifies crime applicable to possession of firearm, or
instrument used as dangerous weapon, while in or on school
grounds.   { - Requires - }  { +  Authorizes + } entity
controlling school grounds to adopt written policy
 { - before - }  { +  restricting or prohibiting + } concealed
handgun licensees   { - may assert affirmative defense to
crime - }  { +  from possessing firearms on school grounds.
Specifies limitation on policy. Provides that violation of policy
restricting or prohibiting firearms by concealed handgun licensee
is criminal trespass in the first degree, punishable by maximum
of one year's imprisonment, $6,250 fine, or both + }.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to weapons on school grounds; creating new provisions;
  amending ORS 164.205, 164.255, 166.173, 166.262, 166.360,
  166.370, 166.380 and 419A.004; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.370 is amended to read:
  166.370. (1) { + (a) + }   { - Any - }   { + A + } 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 - }   { + and who is not
licensed to carry a concealed handgun under ORS 166.291 and
166.292, commits + } a Class C felony.
   { +  (b) Except as provided in ORS 164.255, a person who
intentionally possesses a firearm or any other instrument used as
a dangerous weapon while in or on school grounds and who is not
licensed to carry a concealed handgun under ORS 166.291 and
166.292, commits 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 - }   { + commits + } 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 - }   { + commits + } 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.
  (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) An active or reserve 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) - }   { + (d) + } A person who is authorized by the
 { - officer or agency - }  { +  person or entity + } that
controls the public building  { + or the school grounds + } to
possess a firearm or dangerous weapon in   { - that - }  { +  or
on the  + }public building  { - . - }  { +  or in or on the
school grounds. This may include, but is not limited to, the
authorized possession of a firearm for the purposes of a class,
training, program or demonstration. + }
    { - (f) - }  { +  (e) + } An employee of the United States
Department of Agriculture, acting within the scope of employment,
who possesses a firearm in the course of the lawful taking of
wildlife.
    { - (g) - }  { +  (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.
  (4) The   { - exceptions listed in subsection (3)(b) to (g) - }
 { +  defenses described in subsection (3)(b) to (f) + } of this
section
  { - constitute - }   { + are + } affirmative defenses   { - to
a charge of violating subsection (1) of this section - } .
  (5)(a)   { - Any - }   { + A + } 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 - }   { + commits + } 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;
  (B) By a law enforcement officer acting in the officer's
official capacity; or
  (C) By an employee of the United States Department of
Agriculture, acting within the scope of employment, in the course
of the lawful taking of wildlife.
  (6)   { - Any - }   { + A + } weapon carried in violation of
this section is subject to the forfeiture provisions of ORS
166.279.
  (7) Notwithstanding the fact that a person's conduct in a
single criminal episode constitutes a violation of both
subsections   { - (1) and (5) - }   { + (1)(b) and (5) + } of

this section, the district attorney may charge the person with
only one of the offenses.
  (8) As used in this section, 'dangerous weapon' means a
dangerous weapon as that term is defined in ORS 161.015.
  SECTION 2. 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 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 courthouse or that portion of any
other building occupied by a circuit court, the Court of Appeals,
the Supreme Court or the Oregon Tax Court or occupied by
personnel related to the operations of those courts, or in which
activities related to the operations of those courts take place.
    { - (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. - }
    { - (4) - }  { +  (3) + } 'Public building' means a hospital,
a capitol building,   { - a public or private school, as defined
in ORS 339.315, - } a college or university, 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 { +  or a building on school
grounds + }.
   { +  (4) 'School grounds' means a school as defined in ORS
339.315. + }
  (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 3. ORS 166.380 is amended to read:
  166.380.   { - (1) A peace officer may examine a firearm
possessed by anyone on the person while in or on a public
building to determine whether the firearm is a loaded
firearm. - }
    { - (2) Refusal by a person to allow the examination
authorized by subsection (1) of this section constitutes reason
to believe that the person has committed a crime and the peace
officer may make an arrest pursuant to ORS 133.310. - }
   { +  (1) A school district or other entity that controls
school grounds may adopt a written policy:
  (a) Prohibiting persons licensed under ORS 166.291 and 166.292
from possessing a firearm in or on the school grounds under the
control of the district or other entity; or
  (b) Requiring all persons licensed under ORS 166.291 and
166.292 to store firearms in a locked metal safe or vault
provided by the school or the district or other entity while in
or on the school grounds under the control of the district or
other entity.
  (2) A school district or other entity that adopts a written
policy under this section may not prohibit a person who is
licensed under ORS 166.291 and 166.292 from possessing a firearm
on the school grounds under the control of the district or other
entity if the person is a parent of a student at the school and
the person, for the purposes of accompanying the student to or
from the school, enters onto the school grounds but does not
enter a school building. + }
  SECTION 4. 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 { + , in or on school
grounds + } or  { + in a + } court facility under ORS 166.370.
  (e) An employee of the United States Department of Agriculture,
acting within the scope of employment, who possesses a loaded
firearm in the course of the lawful taking of wildlife.
  SECTION 5. ORS 166.262 is amended to read:
  166.262. A peace officer may not arrest or charge a person for
violating ORS 166.250 (1)(a) or (b) or 166.370 (1) { + (a) + } if
the person has in the person's immediate possession a valid
license to carry a firearm as provided in ORS 166.291 and
166.292.
  SECTION 6. ORS 419A.004, as amended by section 30, chapter 97,
Oregon Laws 2012, is amended to read:
  419A.004. As used in this chapter and ORS chapters 419B and
419C, unless the context requires otherwise:
  (1) 'CASA Volunteer Program' means a program that is approved
or sanctioned by a juvenile court, has received accreditation
from the National CASA Association and has entered into a
contract with the Oregon Volunteers Commission for Voluntary
Action and Service under section 4, chapter 97, Oregon Laws 2012,
to recruit, train and supervise volunteers to serve as court
appointed special advocates.
  (2) 'Child care center' means a residential facility for wards
or youth offenders that is licensed under the provisions of ORS
418.240.
  (3) 'Community service' has the meaning given that term in ORS
137.126.
  (4) 'Conflict of interest' means a person appointed to a local
citizen review board who has a personal or pecuniary interest in
a case being reviewed by that board.
  (5) 'Counselor' means a juvenile department counselor or a
county juvenile probation officer.
  (6) 'Court' means the juvenile court.
  (7) 'Court appointed special advocate' means a person in a CASA
Volunteer Program who is appointed by the court to act as a court
appointed special advocate pursuant to section 2, chapter 97,
Oregon Laws 2012.
  (8) 'Court facility' has the meaning given that term in ORS
166.360.
  (9) 'Department' means the Department of Human Services.

  (10) 'Detention' or 'detention facility' means a facility
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063 for the detention of children, wards, youths or youth
offenders pursuant to a judicial commitment or order.
  (11) 'Director' means the director of a juvenile department
established under ORS 419A.010 to 419A.020 and 419A.050 to
419A.063.
  (12) 'Guardian' means guardian of the person and not guardian
of the estate.
  (13) 'Indian child' means any unmarried person less than 18
years of age who is:
  (a) A member of an Indian tribe; or
  (b) Eligible for membership in an Indian tribe and is the
biological child of a member of an Indian tribe.
  (14) 'Juvenile court' means the court having jurisdiction of
juvenile matters in the several counties of this state.
  (15) 'Local citizen review board' means the board specified by
ORS 419A.090 and 419A.092.
  (16) 'Parent' means the biological or adoptive mother and the
legal father of the child, ward, youth or youth offender. As used
in this subsection, 'legal father' means:
  (a) A man who has adopted the child, ward, youth or youth
offender or whose paternity has been established or declared
under ORS 109.070 or 416.400 to 416.465 or by a juvenile court;
and
  (b) In cases in which the Indian Child Welfare Act applies, a
man who is a father under applicable tribal law.
  (17) 'Permanent foster care' means an out-of-home placement in
which there is a long-term contractual foster care agreement
between the foster parents and the department that is approved by
the juvenile court and in which the foster parents commit to
raise a ward in substitute care or youth offender until the age
of majority.
  (18) 'Planned permanent living arrangement' means an
out-of-home placement other than by adoption, placement with a
relative or placement with a legal guardian that is consistent
with the case plan and in the best interests of the ward.
  (19) 'Public building'   { - has the meaning given that term in
ORS 166.360. - }  { +  means:
  (a) A public building as defined in ORS 166.360; or
  (b) School grounds as defined in ORS 166.360. + }
  (20) 'Reasonable time' means a period of time that is
reasonable given a child or ward's emotional and developmental
needs and ability to form and maintain lasting attachments.
  (21) 'Records' means any information in written form, pictures,
photographs, charts, graphs, recordings or documents pertaining
to a case.
  (22) 'Resides' or 'residence,' when used in reference to the
residence of a child, ward, youth or youth offender, means the
place where the child, ward, youth or youth offender is actually
living or the jurisdiction in which wardship or jurisdiction has
been established.
  (23) 'Restitution' has the meaning given that term in ORS
137.103.
  (24) 'Serious physical injury' means:
  (a) A serious physical injury as defined in ORS 161.015; or
  (b) A physical injury that:
  (A) Has a permanent or protracted significant effect on a
child's daily activities;
  (B) Results in substantial and recurring pain; or
  (C) In the case of a child under 10 years of age, is a broken
bone.
  (25) 'Shelter care' means a home or other facility suitable for
the safekeeping of a child, ward, youth or youth offender who is
taken into temporary custody pending investigation and
disposition.
  (26) 'Short-term detention facility' means a facility
established under ORS 419A.050 (3) for holding children, youths
and youth offenders pending further placement.
  (27) 'Sibling' means one of two or more children or wards
related:
  (a) By blood or adoption through a common legal parent; or
  (b) Through the marriage of the children's or wards' legal or
biological parents.
  (28) 'Substitute care' means an out-of-home placement directly
supervised by the department or other agency, including placement
in a foster family home, group home or other child caring
institution or facility. 'Substitute care' does not include care
in:
  (a) A detention facility, forestry camp or youth correction
facility;
  (b) A family home that the court has approved as a ward's
permanent placement, when a private child caring agency has been
appointed guardian of the ward and when the ward's care is
entirely privately financed; or
  (c) In-home placement subject to conditions or limitations.
  (29) 'Surrogate' means a person appointed by the court to
protect the right of the child, ward, youth or youth offender to
receive procedural safeguards with respect to the provision of
free appropriate public education.
  (30) 'Tribal court' means a court with jurisdiction over child
custody proceedings and that is either a Court of Indian
Offenses, a court established and operated under the code of
custom of an Indian tribe or any other administrative body of a
tribe that is vested with authority over child custody
proceedings.
  (31) 'Victim' means any person determined by the district
attorney, the juvenile department or the court to have suffered
direct financial, psychological or physical harm as a result of
the act that has brought the youth or youth offender before the
juvenile court. When the victim is a minor, 'victim' includes the
legal guardian of the minor. The youth or youth offender may not
be considered the victim. When the victim of the crime cannot be
determined, the people of Oregon, as represented by the district
attorney, are considered the victims.
  (32) 'Violent felony' means any offense that, if committed by
an adult, would constitute a felony and:
  (a) Involves actual or threatened serious physical injury to a
victim; or
  (b) Is a sexual offense. As used in this paragraph, 'sexual
offense' has the meaning given the term 'sex crime' in ORS
181.594.
  (33) 'Ward' means a person within the jurisdiction of the
juvenile court under ORS 419B.100.
  (34) 'Young person' means a person who has been found
responsible except for insanity under ORS 419C.411 and placed
under the jurisdiction of the Psychiatric Security Review Board.
  (35) 'Youth' means a person under 18 years of age who is
alleged to have committed an act that is a violation, or, if done
by an adult would constitute a violation, of a law or ordinance
of the United States or a state, county or city.
  (36) 'Youth care center' has the meaning given that term in ORS
420.855.
  (37) 'Youth offender' means a person who has been found to be
within the jurisdiction of the juvenile court under ORS 419C.005
for an act committed when the person was under 18 years of age.
  SECTION 7. ORS 164.255 is amended to read:
  164.255. (1) A person commits the crime of criminal trespass in
the first degree if the person { +  does any of the
following + }:
  (a) Enters or remains unlawfully in a dwelling  { - ; - }
 { + . + }
  (b) Having been denied future entry to a building pursuant to a
merchant's notice of trespass, reenters the building during hours
when the building is open to the public with the intent to commit
theft therein  { - ; - }  { + . + }
  (c) Enters or remains unlawfully upon railroad yards, tracks,
bridges or rights of way  { - ; or - }  { + . + }
  (d) Enters or remains unlawfully in or upon premises that have
been determined to be not fit for use under ORS 453.855 to
453.912.
   { +  (e) Is licensed under ORS 166.291 and 166.292 to carry a
concealed handgun, possesses or carries a firearm on school
grounds in violation of a policy adopted under ORS 166.380:
  (A) And fails to leave the school grounds after being lawfully
directed to do so by the person in charge; or
  (B) When there are signs posted on the school grounds that are
clearly visible to members of the public indicating that firearms
are prohibited or restricted on school grounds. + }
  (2) Subsection (1)(d) of this section does not apply to the
owner of record of the premises if:
  (a) The owner notifies the law enforcement agency having
jurisdiction over the premises that the owner intends to enter
the premises;
  (b) The owner enters or remains on the premises for the purpose
of inspecting or decontaminating the premises or lawfully
removing items from the premises; and
  (c) The owner has not been arrested for, charged with or
convicted of a criminal offense that contributed to the
determination that the premises are not fit for use.
  (3) Criminal trespass in the first degree is a Class A
misdemeanor.
  SECTION 8. ORS 164.205 is amended to read:
  164.205. As used in ORS 164.205 to 164.270, except as the
context requires otherwise:
  (1) 'Building,' in addition to its ordinary meaning, includes
any booth, vehicle, boat, aircraft or other structure adapted for
overnight accommodation of persons or for carrying on business
therein. Where a building consists of separate units, including,
but not limited to, separate apartments, offices or rented rooms,
each unit is, in addition to being a part of such building, a
separate building.
  (2) 'Dwelling' means a building which regularly or
intermittently is occupied by a person lodging therein at night,
whether or not a person is actually present.
  (3) 'Enter or remain unlawfully' means:
  (a) To enter or remain in or upon premises when the premises,
at the time of such entry or remaining, are not open to the
public or when the entrant is not otherwise licensed or
privileged to do so;
  (b) To fail to leave premises that are open to the public after
being lawfully directed to do so by the person in charge;
  (c) To enter premises that are open to the public after being
lawfully directed not to enter the premises; or
  (d) To enter or remain in a motor vehicle when the entrant is
not authorized to do so.
  (4) 'Open to the public' means premises which by their physical
nature, function, custom, usage, notice or lack thereof or other
circumstances at the time would cause a reasonable person to
believe that no permission to enter or remain is required.
  (5) 'Person in charge' means a person, a representative or
employee of the person who has lawful control of premises by
ownership, tenancy, official position or other legal
relationship.  ' Person in charge' includes, but is not limited
to the person, or holder of a position, designated as the person
or position-holder in charge by the Governor, board, commission
or governing body of any political subdivision of this state.

  (6) 'Premises' includes any building and any real property,
whether privately or publicly owned.
   { +  (7) 'School grounds' means a school as defined in ORS
339.315. + }
  SECTION 9.  { + The amendments to ORS 164.255, 166.262 and
166.370 by sections 1, 5 and 7 of this 2013 Act apply to conduct
occurring on or after the effective date of this 2013 Act. + }
  SECTION 10.  { + 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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