Item 3: Action on Non-Unanimous IGR Positions

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COMMITTEE ON JUDICIARY (at the request of Oregon Council of Police Sponsored by: Associations) http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2401.a.pdf URL: Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation Ellwood Cushman E. Cushman EPD-ADM 4/28/2009 Pri 2 No Support Comments: No change of position or recommendation. The IGR Committee, at its 4 February meeting, supported our Priority 2/support position on the original bill. The A-Engrossed version of the bill contains some minor wording changes, but is substantially the same in terms of content as the original bill. As we indicated in discussing the original bill, this bill would expand the Assault III statute to include public safety officers (i.e., firefighters, EMTs, police officers, parole/probation officers) as victims when dangerous substances such as feces and urine are thrown on them while they are performing their duties. Currently, only corrections officers are included in that statute. Such acts place public safety officers at serious risk because of the serious diseases which can be transmitted through such means. It is difficult in many cases to obtain definitive information as to what the suspect may be infected with, and even if such information is obtained, test results are not absolutely determinative, as the suspect may have a disease which the test does not detect at that point. By making it a serious crime, some individuals who might otherwise be inclined to assault public safety officers in this manner may be deterred. And, if someone decides to commit such an act anyway, this would allow the person be subject to significant sanctions upon conviction. HB 2428 A Relating Clause: Relating to assault Increases penalty for assault in third degree if defendant commits assault by means of Title: motor vehicle and was driving while under influence of intoxicants. COMMITTEE ON JUDICIARY Sponsored by: http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2428.a.pdf URL: Contact Respondent Dept Updated Priority Policy Poli Numb Recommendation Ellwood Cushman E. Cushman EPD-ADM 4/28/2009 Pri 3 Yes V. C7 Support Comments: Although we had originally recommended a Priority 2/support position on the original bill, the full Council took a Priority 3/support position after discussing the bill at its 23 Feb meeting. Thus, we are recommending that same level of support on the A-Engrossed version of the bill. 3