71st OREGON LEGISLATIVE ASSEMBLY--2001 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 + } .
House Bill 3515
Sponsored by Representative LOWE; Representatives DEVLIN, MONNES
ANDERSON, MORRISETTE, TOMEI, WIRTH, WITT
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.
Creates crime of assault of pregnant woman. Punishes by maximum
of five years' imprisonment, $100,000 fine, or both.
A BILL FOR AN ACT
Relating to crime; amending ORS 163.165.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.165 is amended to read:
163.165. (1) A person commits the crime of assault in the third
degree if the person:
(a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
(c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' means a vehicle that is operated by or under contract to
any public body, as defined in ORS 166.115, in order to provide
public transportation;
(e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
(g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 682.025, while the technician or
paramedic is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger;
{ - or - }
(i) Knowing the other person is a staff member, intentionally
or knowingly propels any dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties { + ; + }
{ - . - } { + or
(j) Intentionally, knowingly or recklessly causes physical
injury to a woman whom the person knows or reasonably should know
is pregnant. + }
(2) Assault in the third degree is a Class C felony. When a
person is convicted of violating subsection (1)(i) of this
section, in addition to any other sentence it may impose, the
court shall impose a term of incarceration in a state correction
facility.
(3) As used in this section:
(a) 'Dangerous substance' includes, but is not limited to,
blood, urine, saliva, semen and feces.
(b) 'Staff member' means:
(A) A corrections officer as defined in ORS 181.610, a youth
corrections officer, a Department of Corrections or Oregon Youth
Authority staff member or a person employed pursuant to a
contract with the department or youth authority to work with, or
in the vicinity of, inmates or youth offenders; and
(B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
(c) 'Youth correction facility' has the meaning given that term
in ORS 162.135.
{ + (4) The provisions of subsection (1)(j) of this section
may not be construed to permit prosecution of:
(a) Any person for conduct relating to an abortion for which
the consent of the pregnant woman or a person authorized by law
to act on her behalf has been obtained or for which such consent
is implied by law;
(b) Any person who provides medical treatment to the pregnant
woman or her fetus; or
(c) Any pregnant woman for acts committed by her upon
herself. + }
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