77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
HA to HB 2204
LC 1292/HB 2204-2
HOUSE AMENDMENTS TO
HOUSE BILL 2204
By COMMITTEE ON JUDICIARY
April 25
On page 1 of the printed bill, line 2, after 'ORS' insert '
475.806, 475.808, 475.810, 475.812, 475.814, 475.816, 475.820,
475.824, 475.826, 475.830, 475.834,'.
After line 4, insert:
' { + SECTION 1. + } ORS 475.806 is amended to read:
' 475.806. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to
manufacture hydrocodone.
' (2) Unlawful manufacture of hydrocodone is a Class
{ - C - } { + B + } felony.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful manufacture of hydrocodone on the
sentencing guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of hydrocodone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of hydrocodone, as a
crime category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of hydrocodone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of hydrocodone, as a
crime category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of hydrocodone, as a crime category 4. + }
' { + SECTION 2. + } ORS 475.808 is amended to read:
' 475.808. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to
manufacture hydrocodone within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
' (2) Unlawful manufacture of hydrocodone within 1,000 feet of
a school is a Class { - B - } { + A + } felony.
' { + SECTION 3. + } ORS 475.810 is amended to read:
' 475.810. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to deliver
hydrocodone.
' (2) Unlawful delivery of hydrocodone is a Class { - C - }
{ + B + } felony.
' (3) Notwithstanding subsection (2) of this section, unlawful
delivery of hydrocodone is a Class { - B - } { + A + } felony
if the delivery is to a person under 18 years of age.
' { + (4) The Oregon Criminal Justice Commission shall
classify the unlawful delivery of hydrocodone on the sentencing
guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of hydrocodone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of hydrocodone, as a
crime category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of hydrocodone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of hydrocodone, as a
crime category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of hydrocodone, as a crime category 4. + }
' { + SECTION 4. + } ORS 475.812 is amended to read:
' 475.812. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to deliver
hydrocodone within 1,000 feet of the real property comprising a
public or private elementary, secondary or career school attended
primarily by minors.
' (2) Unlawful delivery of hydrocodone within 1,000 feet of a
school is a Class { - B - } { + A + } felony.
' { + SECTION 5. + } ORS 475.814 is amended to read:
' 475.814. (1) It is unlawful for any person knowingly or
intentionally to possess hydrocodone unless the hydrocodone was
obtained directly from, or pursuant to { - , - } a valid
prescription or order of { + , + } a practitioner while acting in
the course of professional practice, or except as otherwise
authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.
' (2) Unlawful possession of hydrocodone is a Class { - A
misdemeanor - } { + C felony + }.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful possession of hydrocodone on the sentencing
guidelines grid of the commission as follows:
' (a) For 500 or more milligrams or 50 or more pills, tablets
or capsules of a mixture or substance containing a detectable
amount of hydrocodone, as a crime category 8;
' (b) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of hydrocodone, as a
crime category 6; and
' (c) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of hydrocodone, as a crime category 4. + }
' { + SECTION 6. + } ORS 475.816 is amended to read:
' 475.816. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to
manufacture methadone.
' (2) Unlawful manufacture of methadone is a Class B felony.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful manufacture of methadone on the sentencing
guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of methadone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of methadone, as a crime
category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of methadone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of methadone, as a crime
category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of methadone, as a crime category 4. + }
' { + SECTION 7. + } ORS 475.820 is amended to read:
' 475.820. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to deliver
methadone.
' (2) Unlawful delivery of methadone is a Class B felony.
' (3) Notwithstanding subsection (2) of this section, unlawful
delivery of methadone is a Class A felony if the delivery is to a
person under 18 years of age.
' { + (4) The Oregon Criminal Justice Commission shall
classify the unlawful delivery of methadone on the sentencing
guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of methadone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of methadone, as a crime
category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of methadone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of methadone, as a crime
category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of methadone, as a crime category 4. + }
' { + SECTION 8. + } ORS 475.824 is amended to read:
' 475.824. (1) It is unlawful for any person knowingly or
intentionally to possess methadone unless the methadone was
obtained directly from, or pursuant to { - , - } a valid
prescription or order of { + , + } a practitioner while acting in
the course of professional practice, or except as otherwise
authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.
' (2) Unlawful possession of methadone is a Class C felony.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful possession of methadone on the sentencing
guidelines grid of the commission as follows:
' (a) For 500 or more milligrams or 50 or more pills, tablets
or capsules of a mixture or substance containing a detectable
amount of methadone, as a crime category 8;
' (b) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of methadone, as a crime
category 6; and
' (c) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of methadone, as a crime category 4. + }
' { + SECTION 9. + } ORS 475.826 is amended to read:
' 475.826. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to
manufacture oxycodone.
' (2) Unlawful manufacture of oxycodone is a Class B felony.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful manufacture of oxycodone on the sentencing
guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of oxycodone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of oxycodone, as a crime
category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of oxycodone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of oxycodone, as a crime
category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of oxycodone, as a crime category 4. + }
' { + SECTION 10. + }ORS 475.830 is amended to read:
' 475.830. (1) Except as authorized by ORS 475.005 to 475.285
and 475.752 to 475.980, it is unlawful for any person to deliver
oxycodone.
' (2) Unlawful delivery of oxycodone is a Class B felony.
' (3) Notwithstanding subsection (2) of this section, unlawful
delivery of oxycodone is a Class A felony if the delivery is to a
person under 18 years of age.
' { + (4) The Oregon Criminal Justice Commission shall
classify the unlawful delivery of oxycodone on the sentencing
guidelines grid of the commission as follows:
' (a) For five or more grams or 500 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of oxycodone, as a crime category 10;
' (b) For one or more but less than five grams or 100 or more
but less than 500 pills, tablets or capsules of a mixture or
substance containing a detectable amount of oxycodone, as a crime
category 9;
' (c) For 500 or more milligrams but less than one gram or 50
or more but less than 100 pills, tablets or capsules of a mixture
or substance containing a detectable amount of oxycodone, as a
crime category 8;
' (d) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of oxycodone, as a crime
category 6; and
' (e) For less than 100 milligrams or less than 10 pills,
tablets or capsules of a mixture or substance containing a
detectable amount of oxycodone, as a crime category 4. + }
' { + SECTION 11. + } ORS 475.834 is amended to read:
' 475.834. (1) It is unlawful for any person knowingly or
intentionally to possess oxycodone unless the oxycodone was
obtained directly from, or pursuant to { - , - } a valid
prescription or order of { + , + } a practitioner while acting in
the course of professional practice, or except as otherwise
authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.
' (2) Unlawful possession of oxycodone is a Class C felony.
' { + (3) The Oregon Criminal Justice Commission shall
classify the unlawful possession of oxycodone on the sentencing
guidelines grid of the commission as follows:
' (a) For 500 or more milligrams or 50 or more pills, tablets
or capsules of a mixture or substance containing a detectable
amount of oxycodone, as a crime category 8;
' (b) For 100 or more but less than 500 milligrams or 10 or
more but less than 50 pills, tablets or capsules of a mixture or
substance containing a detectable amount of oxycodone, as a crime
category 6; and
' (c) For under 100 milligrams or less than 10 pills, tablets
or capsules of a mixture or substance containing a detectable
amount of oxycodone, as a crime category 4. + } ' .
In line 5, delete '1' and insert '12'.
In line 6, delete 'and (4)' and insert ', (4) and (5)'.
In line 23, restore the bracketed material.
On page 2, lines 1 through 3, restore the bracketed material
and delete the boldfaced material.
On page 3, line 1, delete ' ___ grams or more or ___ ' and
insert 'One gram or more or 100'.
In line 12, delete 'and (4)' and insert ', (4) and (5)'.
In line 30, restore the bracketed material.
In lines 35 through 37, restore the bracketed material and
delete the boldfaced material.
In line 38, delete the comma and insert 'or' and delete ' or
475.864'.
On page 4, after line 14, insert:
' (4) Any felony violation of ORS 475.864 shall be classified
as:
' (a) Crime category 10 of the sentencing guidelines grid if
the violation involves:
' (A) More than 50,000 grams of a substance or mixture
containing a detectable amount of marijuana; or
' (B) More than 500 mature marijuana plants, seedlings or
starts;
' (b) Crime category 9 of the sentencing guidelines grid if the
violation involves:
' (A) More than 20,000 grams, and not more than 50,000 grams,
of a substance or mixture containing a detectable amount of
marijuana; or
' (B) More than 200, but not more than 500, mature marijuana
plants, seedlings or starts;
' (c) Crime category 8 of the sentencing guidelines grid if the
violation involves:
' (A) More than 5,000 grams, and not more than 20,000 grams, of
a substance or mixture containing a detectable amount of
marijuana; or
' (B) More than 50, but not more than 200, mature marijuana
plants, seedlings or starts;
' (d) Crime category 6 of the sentencing guidelines grid if the
violation involves:
' (A) More than 1,000 grams, and not more than 5,000 grams, of
a substance or mixture containing a detectable amount of
marijuana; or
' (B) More than 10, but not more than 50, mature marijuana
plants, seedlings or starts; or
' (e) Crime category 1 of the sentencing guidelines grid if the
violation involves:
' (A) One thousand grams or less of a substance or mixture
containing a detectable amount of marijuana; or
' (B) Ten or fewer mature marijuana plants, seedlings or
starts.'.
In line 15, delete '(4)' and insert '(5)'.
In line 16, delete 'or (3)' and insert ', (3) or (4)'.
In line 21, delete '(5)' and insert '(6)'.
In line 24, delete '(6)' and insert '(7)'.
In line 27, delete '2' and insert '13'.
In line 42, delete '3' and insert '14'.
On page 5, line 23, delete '4' and insert '15' and after ' ORS'
insert '475.806, 475.808, 475.810, 475.812, 475.814, 475.816,
475.820, 475.824, 475.826, 475.830, 475.834,' and delete ' 3' and
insert '14'.
In line 25, delete '5' and insert '16'.
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