.....
POLICE STATE. This anti-terrorism bill [#742] just failed to pass by
3 votes in the Oregon legislature, same thing happening in other states, too...phew, that was close.....read it and ask yourself what it means to be free if every indiscretion is linked to terrorism and life imprisonment. from mindfully.org Happy New Year...TM7
.
Oregon Senate Bill 742
Creates Crime of Terrorism Punishable by
Life Imprisonment
Sponsored by Senator [John] MINNIS
72nd OREGON LEGISLATIVE ASSEMBLY
2003 Regular Session 27feb03
Mindfully.org note:
This bill would define almost anyone, anywhere, as a terrorist. Read it for yourself. Let us know if you disagree please. Our view of SB 742 is that George Orwell couldn't have done a better job.
For updates on this bill, please go to the Lane County Bill of Rights Defense Committee website.
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 terrorism. Punishes by life imprisonment.
1 A BILL FOR AN ACT
2 Relating to terrorism; creating new provisions; and amending section 19, chapter 666, Oregon Laws
3 2001.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. (1) A person commits the crime of terrorism if the person knowingly plans,
6 participates in or carries out any act that is intended, by at least one of its participants, to
7 disrupt:
8 (a) The free and orderly assembly of the inhabitants of the State of Oregon;
9 (b) Commerce or the transportation systems of the State of Oregon; or
10 (c) The educational or governmental institutions of the State of Oregon or its inhabit-
11 ants.
12 (2) A person commits the crime of terrorism if the person conspires to do any of the
13 activities described in subsection (1) of this section.
14 (3) A person may not be convicted of terrorism except upon the testimony of two wit
15 nesses to the same overt act or upon confession in open court.
16 (4)(a) A person convicted of terrorism shall be punished by imprisonment for life.
17 (b) When a person is convicted of terrorism under this section, the court shall order that
18 the person be confined for a minimum of 25 years without possibility of parole, release to
19 post-prison supervision, release on work release or any form of temporary leave or employ
20 ment at a forest or work camp.
21 (c) At any time after completion of a minimum period of confinement pursuant to para
22 graph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the
23 petition of a prisoner so confined, shall hold a hearing, the sole issue of which is to determine
24 whether the prisoner is likely to be rehabilitated within a reasonable period of time. The
25 board shall conduct the proceeding in the manner prescribed for a contested case hearing
26 under ORS 183.310 to 183.550 except that:
27 (A) The prisoner has the burden of proving by a preponderance of the evidence the like
28 lihood of rehabilitation within a reasonable period of time; and
29 (B) The prisoner has the right, if the prisoner is without sufficient funds to employ an
30 attorney, to be represented by legal counsel, appointed by the board, at board expense.
31 (d) If, upon hearing all of the evidence and upon a unanimous vote of all of its members,
32 the board finds that the prisoner is capable of rehabilitation within a reasonable amount of
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing
law to be omitted. New sections are in boldfaced type.
LC 2695
SB 742
1 time and that the terms of the prisoner's confinement should be changed to life
2 imprisonment with the possibility of parole, release to post-prison supervision or work re
3 lease, the board shall enter an order to that effect and convert the terms of the prisoner's
4 confinement to life imprisonment with the possibility of parole, release to post-prison
5 supervision or work release and may set a release date. Otherwise, the board shall deny the
6 relief sought in the petition.
7 (e) Not less than two years after the denial of the relief sought in a petition under par
8 agraph (c) of this subsection, the prisoner may petition again for a change in the terms of
9 confinement. Further petitions for a change may be filed at intervals of not less than two
10 years thereafter.
11 SECTION 2. Notwithstanding ORS 181.575 and 181.850, a law enforcement agency shall
12 cooperate with any federal or state agency that is investigating an act of terrorism, and a
13 law enforcement agency may retain any information relating to an investigation of terrorism
14 as long as the investigation remains open. The Attorney General shall adopt rules governing
15 the retention of such information.
16 SECTION 3. Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696,
17 Oregon Laws 2001, is amended to read:
18 Sec. 19. The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:
19 (1) Bribe giving, as defined in ORS 162.015.
20 (2) Bribe receiving, as defined in ORS 162.025.
21 (3) Public investment fraud, as defined in ORS 162.117.
22 (4) Bribing a witness, as defined in ORS 162.265.
23 (5) Bribe receiving by a witness, as defined in ORS 162.275.
24 (6) Simulating legal process, as defined in ORS 162.355.
25 (7) Official misconduct in the first degree, as defined in ORS 162.415.
26 (
Custodial interference in the second degree, as defined in ORS 163.245.
27 (9) Custodial interference in the first degree, as defined in ORS 163.257.
28 (10) Buying or selling a person under 18 years of age, as defined in ORS 163.537.
29 (11) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.
30 (12) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.
31 (13) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.
32 (14) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.
33 (15) Possession of materials depicting sexually explicit conduct of a child in the first degree, as
34 defined in ORS 163.688.
35 (16) Possession of materials depicting sexually explicit conduct of a child in the second degree,
36 as defined in ORS 163.689.
37 (17) Theft in the second degree, as defined in ORS 164.045.
38 (18) Theft in the first degree, as defined in ORS 164.055.
39 (19) Aggravated theft in the first degree, as defined in ORS 164.057.
40 (20) Theft by extortion, as defined in ORS 164.075.
41 (21) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.
42 (22) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.
43 (23) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.
44 (24) Unauthorized use of a vehicle, as defined in ORS 164.135.
45 (25) Mail theft or receipt of stolen mail, as defined in ORS 164.162.
[2]
SB 742
1 (26) Laundering a monetary instrument, as defined in ORS 164.170.
2 (27) Engaging in a financial transaction in property derived from unlawful activity, as defined
3 in ORS 164.172.
4 (28) Burglary in the second degree, as defined in ORS 164.215.
5 (29) Burglary in the first degree, as defined in ORS 164.225.
6 (30) Possession of burglar's tools, as defined in ORS 164.235.
7 (31) Unlawful entry into a motor vehicle, as defined in ORS 164.272.
8 (32) Arson in the second degree, as defined in ORS 164.315.
9 (33) Arson in the first degree, as defined in ORS 164.325.
10 (34) Computer crime, as defined in ORS 164.377.
11 (35) Robbery in the third degree, as defined in ORS 164.395.
12 (36) Robbery in the second degree, as defined in ORS 164.405.
13 (37) Robbery in the first degree, as defined in ORS 164.415.
14 (38) Unlawful labeling of a sound recording, as defined in ORS 164.868.
15 (39) Unlawful recording of a live performance, as defined in ORS 164.869.
16 (40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.
17 (41) A violation of ORS 164.877.
18 (42) Endangering aircraft, as defined in ORS 164.885.
19 (43) Interference with agricultural operations, as defined in ORS 164.887.
20 (44) Forgery in the second degree, as defined in ORS 165.007.
21 (45) Forgery in the first degree, as defined in ORS 165.013.
22 (46) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.
23 (47) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.
24 (48) Criminal possession of a forgery device, as defined in ORS 165.032.
25 (49) Criminal simulation, as defined in ORS 165.037.
26 (50) Fraudulently obtaining a signature, as defined in ORS 165.042.
27 (51) Fraudulent use of a credit card, as defined in ORS 165.055.
28 (52) Negotiating a bad check, as defined in ORS 165.065.
29 (53) Possessing a fraudulent communications device, as defined in ORS 165.070.
30 (54) Unlawful factoring of a credit card transaction, as defined in ORS 165.074.
31 (55) Falsifying business records, as defined in ORS 165.080.
32 (56) Sports bribery, as defined in ORS 165.085.
33 (57) Sports bribe receiving, as defined in ORS 165.090.
34 (58) Misapplication of entrusted property, as defined in ORS 165.095.
35 (59) Issuing a false financial statement, as defined in ORS 165.100.
36 (60) Obtaining execution of documents by deception, as defined in ORS 165.102.
37 (61) A violation of ORS 165.543.
38 (62) Cellular counterfeiting in the third degree, as defined in ORS 165.577.
39 (63) Cellular counterfeiting in the second degree, as defined in ORS 165.579.
40 (64) Cellular counterfeiting in the first degree, as defined in ORS 165.581.
41 (65) Identity theft, as defined in ORS 165.800.
42 (66) A violation of ORS 166.190.
43 (67) Unlawful use of a weapon, as defined in ORS 166.220.
44 (68) A violation of ORS 166.240.
45 (69) Unlawful possession of a firearm, as defined in ORS 166.250.
[3]
SB 742
1 (70) A violation of ORS 166.270.
2 (71) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or
3 firearms silencer, as defined in ORS 166.272.
4 (72) A violation of ORS 166.275.
5 (73) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.
6 (74) A violation of ORS 166.370.
7 (75) Unlawful possession of a destructive device, as defined in ORS 166.382.
8 (76) Unlawful manufacture of a destructive device, as defined in ORS 166.384.
9 (77) Possession of a hoax destructive device, as defined in ORS 166.385.
10 (78) A violation of ORS 166.410.
11 (79) Providing false information in connection with a transfer of a handgun, as defined in ORS
12 166.416.
13 (80) Improperly transferring a handgun, as defined in ORS 166.418.
14 (81) Unlawfully purchasing a firearm, as defined in ORS 166.425.
15 (82) A violation of ORS 166.429.
16 (83) A violation of ORS 166.470.
17 (84) A violation of ORS 166.480.
18 (85) A violation of ORS 166.635.
19 (86) A violation of ORS 166.638.
20 (87) Unlawful paramilitary activity, as defined in ORS 166.660.
21 (88) A violation of ORS 166.720.
22 (89) Prostitution, as defined in ORS 167.007.
23 (90) Promoting prostitution, as defined in ORS 167.012.
24 (91) Compelling prostitution, as defined in ORS 167.017.
25 (92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.
26 (93) Unlawful gambling in the second degree, as defined in ORS 167.122.
27 (94) Unlawful gambling in the first degree, as defined in ORS 167.127.
28 (95) Possession of gambling records in the second degree, as defined in ORS 167.132.
29 (96) Possession of gambling records in the first degree, as defined in ORS 167.137.
30 (97) Possession of a gambling device, as defined in ORS 167.147.
31 (98) Possession of a gray machine, as defined in ORS 167.164.
32 (99) Cheating, as defined in ORS 167.167.
33 (100) Tampering with drug records, as defined in ORS 167.212.
34 (101) A violation of ORS 167.262.
35 (102) Research and animal interference, as defined in ORS 167.312.
36 (103) Animal abuse in the first degree, as defined in ORS 167.320.
37 (104) Aggravated animal abuse in the first degree, as defined in ORS 167.322.
38 (105) Animal neglect in the first degree, as defined in ORS 167.330.
39 (106) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS
40 167.352.
41 (107) Involvement in animal fighting, as defined in ORS 167.355.
42 (108) Dogfighting, as defined in ORS 167.365.
43 (109) Participation in dogfighting, as defined in ORS 167.370.
44 (110) Unauthorized use of a livestock animal, as defined in ORS 167.385.
45 (111) Interference with livestock production, as defined in ORS 167.388.
[4]
SB 742
1 (112) A violation of ORS 167.390.
2 (113) A violation of ORS 471.410.
3 (114) Failure to report missing precursor substances, as defined in ORS 475.955.
4 (115) Illegally selling drug equipment, as defined in ORS 475.960.
5 (116) Providing false information on a precursor substances report, as defined in ORS 475.965.
6 (117) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.991.
7 (118) A violation of ORS 475.992, if it is a felony or a Class A misdemeanor.
8 (119) A violation of ORS 475.993, if it is a felony or a Class A misdemeanor. 9 (120) A violation of ORS 475.994.
10 (121) A violation of ORS 475.995, if it is a felony or a Class A misdemeanor.
11 (122) A violation of ORS 475.999 (1)(a).
12 (123) Misuse of an identification card, as defined in ORS 807.430.
13 (124) Unlawful production of identification cards, licenses, permits, forms or camera cards, as
14 defined in ORS 807.500.
15 (125) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.
16 (126) Using an invalid license, as defined in ORS 807.580.
17 (127) Permitting misuse of a license, as defined in ORS 807.590.
18 (128) Using another's license, as defined in ORS 807.600.
19 (129) Criminal driving while suspended or revoked, as defined in ORS 811.182, when it is a fel
20 ony.
21 (130) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a 22 felony.
23 (131) Unlawful distribution of cigarettes, as defined in [section 3 of this 2001 Act] ORS 323.482.
24 (132) Terrorism, as defined in section 1 of this 2003 Act.
25 [(132)] (133) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to
26 [(131)] (132) of this section if the attempt, conspiracy or solicitation is a felony or a Class A
27 misdemeanor.
28
--------------------------------------------------------------------------------
[5]
[ source:
http://pub.das.state.or.us/LEG_BILLS/PDFs/SB742.pdf 30mar03 ]
For other OR
http://www.leg.state.or.us/bills_pdf.htm --------------------------------------------------------------------------------
Senator John Minnis
900 Court St. NE
Room S-311
Salem, OR 97301
Phn: 503-986-1725
Fax: 503- 986-1201
Email sen.johnminnis@state.or.us
www:
http://www.leg.state.or.us/minnisj/home.htm Biography:
John Minnis was first appointed to the Oregon Legislature April 18, 1985 and was then elected to the House of Representatives six times. John retired from the House of Representatives in 1998 due to term limits. Last year John ran and was elected to the Oregon Senate. As a newly sworn in member of the State Senate he was appointed to serve as Chair of the Senate Judiciary committee by Senate President Gene Derfler. John is also appointed to serve as a member of the Senate Revenue and Senate Rules and Redistricting committees.
John has chaired many committees during his time in the legislature some of which include the Co-Chair of Way & Means in 1993, the House Judiciary Committee, Housing and Urban Development, Committee on Oregon's Future with then Senate President John Kitzhaber. John was selected as "Legislator of the Year" in 1994 by the National Republican Legislators Association and has received many other awards for his legislative service.
As a Law Enforcement Officer John has learned to be in touch with the needs of the community. His experience as a Police Officer, Detective, Sergeant and Detective Sergeant during the last 24 years has given him experience and wisdom. He worked as a patrolman for 16 years and was promoted to Detective in 1992. John has served as Detective working in various departments such as Sex & Bias Crimes, Homicide, General Assignment and the Multnomah County Child Abuse Team. All of these assignments have helped John to strengthen his commitment to helping victims of violent crime.
John Minnis was married to Karen Minnis (Representative, House District 49 and House Republican Majority Leader) in 1972. They have three grown children. John also served in the United States Air Force and the Oregon Air National Guard as a Jet Engine Mechanic and Security Police Officer. He attended Portland State University, Portland Bible College and is completing his degree at Eastern Oregon University.
source:
http://www.leg.state.or.us/minnisj/bio.htm 30mar03
Wife:
Karen Minnis, House Speaker
minnis.rep@state.or.us
Bio:
http://www.leg.state.or.us/house/speaker/_bio_2.pdf Home page:
http://www.leg.state.or.us/house/speaker/home.htm2000 Contributions to John Minnis
