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 1259

                           A-Engrossed

                         House Bill 2384
                  Ordered by the House April 26
            Including House Amendments dated April 26

Sponsored by Representatives BARNHART, THATCHER, TOMEI;
  Representatives CAMERON, GREENLICK, JOHNSON, MATTHEWS
  (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.

  Authorizes civil  { + and criminal + } forfeiture of motor
vehicle if person is convicted of   { - offense - }   { + certain
offenses + } relating to driving while suspended or revoked.
    { - Increases penalty for second or subsequent conviction of
driving while suspended or revoked. Punishes second or subsequent
conviction by maximum of 30 days' imprisonment, $1,250 fine, or
both. - }
                        A BILL FOR AN ACT
Relating to driving offenses; creating new provisions; and
  amending ORS 131.602.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1) A motor vehicle may be seized for
forfeiture if the person operating the motor vehicle is arrested
or issued a citation for criminal driving while suspended or
revoked under ORS 811.182 or aggravated driving while suspended
or revoked under ORS 163.196, and the person, within three years
prior to the arrest or issuance of the citation, has been
convicted of:
  (a) Criminal driving while suspended or revoked under ORS
811.182; or
  (b) Aggravated driving while suspended or revoked under ORS
163.196.
  (2) All seizure and forfeiture proceedings under this section
shall be conducted in accordance with ORS chapter 131A. + }
  SECTION 3.  { + A law enforcement agency, as defined in ORS
136.595, may not seize a vehicle for forfeiture under ORS 131.602
(132) or (133) or section 2 of this 2013 Act, unless the agency
has adopted policies and procedures for seizure, including
polices relating to when a police officer may seize a motor
vehicle for forfeiture under ORS 131.602 (132) or (133) or
section 2 of this 2013 Act. + }
  SECTION 4. 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) Aggravated driving while suspended or revoked, as
defined in ORS 163.196. + }
    { - (133) - }  { +  (134) + } Driving while under the
influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
    { - (134) - }  { +  (135) + } Unlawful distribution of
cigarettes, as defined in ORS 323.482.
    { - (135) - }  { +  (136) + } Unlawful distribution of
tobacco products, as defined in ORS 323.632.
    { - (136) - }  { +  (137) + } A violation of ORS 180.440 (2)
or 180.486 (2).
    { - (137) - }   { + (138) + } A violation described in ORS
475.806 to 475.894, if it is a felony.
    { - (138) - }  { +  (139) + } Subjecting another person to
involuntary servitude in the first degree, as defined in ORS
163.264.
    { - (139) - }  { +  (140) + } Subjecting another person to
involuntary servitude in the second degree, as defined in ORS
163.263.
    { - (140) - }  { +  (141) + } Trafficking in persons, as
defined in ORS 163.266.
    { - (141) - }  { +  (142) + } Luring a minor, as defined in
ORS 167.057.
    { - (142) - }  { +  (143) + } Online sexual corruption of a
child in the second degree, as defined in ORS 163.432.
    { - (143) - }  { +  (144) + } Online sexual corruption of a
child in the first degree, as defined in ORS 163.433.
    { - (144) - }  { +  (145) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (143) - }  { +  (144) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
  SECTION 5.  { + Section 2 of this 2013 Act and the amendments
to ORS 131.602 by section 4 of this 2013 Act apply to offenses
occurring on or after the effective date of this 2013 Act. + }
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