Bill Text: OR HB3065 | 2011 | Regular Session | Introduced

Oregon House Bill 3065 (Prior Session Legislation)

Introduced

Bill Title: Relating to official misconduct; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3065 Detail]

Download: Oregon-2011-HB3065-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3507

                         House Bill 3065

Sponsored by Representative BARKER (at the request of Department
  of Justice)

                             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.

  Increases maximum penalty for crime of official misconduct in
first degree to maximum of five years' imprisonment, $125,000
fine, or both. Includes commission of certain criminal offenses
in course of official duties as official misconduct in first
degree.  Directs Oregon Criminal Justice Commission to classify
crime as level 8 on sentencing guidelines grid if offense results
in financial gain of $10,000 or more or constitutes felony person
crime, otherwise as level 6.
  Increases maximum penalty for official misconduct in second
degree to maximum of one year's imprisonment, $6,250 fine, or
both.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to official misconduct; creating new provisions;
  amending ORS 162.405 and 162.415; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 162.415 is amended to read:
  162.415. (1) A public servant commits the crime of official
misconduct in the first degree if   { - with intent to obtain a
benefit or to harm another - } :
  (a)  { + With the intent to obtain a benefit or to harm
another, the public servant:
  (A) + }   { - The public servant - }  Knowingly fails to
perform a duty imposed upon the public servant by law or one
clearly inherent in the nature of office; or
    { - (b) - }  { +  (B) + }   { - The public servant - }
Knowingly performs an act constituting an unauthorized exercise
in official duties { + ; or
  (b) The public servant is described in ORS 162.005 (2)(a) to
(c) and, in the course of exercising official duties, the public
servant commits:
  (A) Harassment as defined in ORS 166.065;
  (B) A misdemeanor involving violence as defined in ORS 166.470;
or
  (C) A person felony as that term is defined in the rules of the
Oregon Criminal Justice Commission + }.
  (2) Official misconduct in the first degree is a Class   { - A
misdemeanor - }   { + C felony + }.

   { +  (3)(a) The Oregon Criminal Justice Commission shall
classify official misconduct in the first degree as crime
category 6 of the sentencing guidelines grid of the commission.
  (b) Notwithstanding paragraph (a) of this subsection, the
commission shall classify official misconduct in the first degree
as crime category 8 of the sentencing guidelines grid of the
commission if the violation is described in subsection (1)(b)(C)
of this section or if the offense results in financial gain to
the public servant in the amount of $10,000 or more. + }
  SECTION 2. ORS 162.405 is amended to read:
  162.405. (1) A public servant commits the crime of official
misconduct in the second degree if the person knowingly violates
any statute relating to the office of the person.
  (2) Official misconduct in the second degree is a Class
 { - C - }  { +  A + } misdemeanor.
  SECTION 3.  { + The amendments to ORS 162.405 and 162.415 by
sections 1 and 2 of this 2011 Act apply to conduct occurring on
or after the effective date of this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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