Item 3: Ratification of IGR Committee Actions and Direction on Legislative Policy

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SB 0246 Relating Clause: Relating to assault. Title: Modifies crime of assault in third degree to include assault of elderly victim. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0246.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E Cushman R. Barrong EPD-ADM 1/26/2009 Pri 2 No No Support Comments: We support this bill, which would expand Assault III to include situations where the victim is elderly, defined by the bill as 65 years of age or older. We believe that these members of the community, who are arguably less able to successfully defend themselves from assaultive behavior and who are likely to suffer more serious injury if assaulted, deserve this added degree of protection. We believe that the enhanced crime will serve as a deterrent in some cases, and will ensure a more appropriate sanction if a person elects to assault an older victim. SB 0247 Relating Clause: Relating to assault Title: Modifies crime of assault in third degree to include knowingly causing substantial physical injury. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0247.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman R. Barrong EPD-ADM 1/26/2009 Pri 2 No No Support Comments: We support this bill, which would expand Assault III to include situations where the suspect knowingly caused substantial physical injury to the victim. Examples of substantial physical injury given in the definition are "broken bones, severely swollen body parts, cuts that require stitches, the loss of significant amounts of blood and the removal of skin or hair." We believe that these types of more serious injury to victims, when knowingly done by the suspect, merit a higher degree of culpability than situations in which the injuries to the victim are not so severe. Under the current law, situations involving these types of injuries could only be charged as Assault IV, a misdemeanor. SB 0251 Relating Clause: Relating to restricted weapons Title: Modifies crime of felon in possession of restricted weapon to include tasers. Sponsored by: Senate Interim Committee on Judiciary for Oregon District Attorneys Association URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0251.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Ellwood Cushman E. Cushman EPD-ADM 1/24/2009 Pri 2 No No Support Comments: We strongly support this bill, which would add an Electro-Muscular Disruption Technology device (such as the TASER) to the list of weapons which most convicted felons cannot legally possess. Such a device has the ability to instantly immobilize the person against whom it has been used, allowing the suspect to do whatever s/he wants to the victim. If such a device were successfully used against a police officer, the suspect could take the officer's firearm and kill him/her. There is no legitimate reason why a convicted felon should be allowed to possess such a device when such a felon is already prohibited from possessing such weapons as metal knuckles and certain types of knives. 23