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 2657

                         Senate Bill 760

Sponsored by Senator DINGFELDER

                             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.

  For purposes of invoking justification for use of physical
force, requires person who uses physical force in self-defense to
make good faith effort to retreat.

                        A BILL FOR AN ACT
Relating to the use of physical force; creating new provisions;
  and amending ORS 161.215.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.215 is amended to read:
  161.215. Notwithstanding ORS 161.209, a person is not justified
in using physical force upon another person if:
   { +  (1) The person uses physical force in self-defense and
fails to make a good faith effort to retreat from the other
person, except that the use of physical force upon another person
is justifiable without such effort if the person using physical
force reasonably believes that retreating creates a risk of harm
to any person; + }
    { - (1) - }   { + (2) + } With intent to cause physical
injury or death to another person, the person provokes the use of
unlawful physical force by   { - that - }   { + the other + }
person;   { - or - }
    { - (2) - }   { + (3) + } The person is the initial
aggressor, except that the use of physical force upon another
person under such circumstances is justifiable if the person
withdraws from the encounter and effectively communicates to the
other person the intent to   { - do so - }   { + withdraw + },
but the   { - latter - }   { + other person + } nevertheless
continues or threatens to continue the use of unlawful physical
force; or
    { - (3) - }   { + (4) + } The physical force involved is the
product of a combat by agreement not specifically authorized by
law.
  SECTION 2.  { + The amendments to ORS 161.215 by section 1 of
this 2013 Act apply to conduct occurring on or after the
effective date of this 2013 Act. + }
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