74th OREGON LEGISLATIVE ASSEMBLY--2007 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 + } .
 
LC 1881
 
                         Senate Bill 436
 
Sponsored by Senator PROZANSKI
 
 
                             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.
 
  Authorizes criminal prosecution of identity theft in county of
residence of identity theft victims.
 
                        A BILL FOR AN ACT
Relating to venue in criminal prosecutions; amending ORS 131.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 131.315 is amended to read:
  131.315. (1) If conduct constituting elements of an offense or
results constituting elements of an offense occur in two or more
counties, trial of the offense may be held in any of the counties
concerned.
  (2) If a cause of death is inflicted on a person in one county
and the person dies therefrom in another county, trial of the
offense may be held in either county.
  (3) If the commission of an offense commenced outside this
state is consummated within this state, trial of the offense
shall be held in the county in which the offense is consummated
or the interest protected by the criminal statute in question is
impaired.
  (4) If an offense is committed on any body of water located in,
or adjacent to, two or more counties or forming the boundary
between two or more counties, trial of the offense may be held in
any nearby county bordering on the body of water.
  (5) If an offense is committed in or upon any railroad car,
vehicle, aircraft, boat or other conveyance in transit and it
cannot readily be determined in which county the offense was
committed, trial of the offense may be held in any county through
or over which the conveyance passed.
  (6) If an offense is committed on the boundary of two or more
counties or within one mile thereof, trial of the offense may be
held in any of the counties concerned.
  (7) A person who commits theft, burglary or robbery may be
tried in any county in which the person exerts control over the
property that is the subject of the crime.
  (8) If the offense is an attempt or solicitation to commit a
crime, trial of the offense may be held in any county in which
any act that is an element of the offense is committed.
  (9) If the offense is criminal conspiracy, trial of the offense
may be held in any county in which any act or agreement that is
an element of the offense occurs.
 
  (10) A person who in one county commits an inchoate offense
that results in the commission of an offense by another person in
another county, or who commits the crime of hindering prosecution
of the principal offense, may be tried in either county.
  (11) A criminal nonsupport action may be tried in any county in
which the dependent child is found, irrespective of the domicile
of the parent, guardian or other person lawfully charged with
support of the child.
  (12) If the offense is theft and the offense consists of an
aggregate transaction involving more than one county, trial of
the offense may be held in any county in which one of the acts of
theft was committed.
  (13) When a prosecution is for violation of the Oregon
Securities Law, the trial of the offense may be held in the
county in which:
  (a) The offer to purchase or sell securities took place or
where the sale or purchase of securities took place; or
  (b) Any act that is an element of the offense occurred.
  (14) When a prosecution under ORS 165.692 and 165.990 or
411.675 and 411.990 (2) and (3) involves Medicaid funds, the
trial of the offense may be held in the county in which the claim
was submitted for payment or in the county in which the claim was
paid.
   { +  (15) When a prosecution is for violation of ORS 165.800,
the trial of the offense may be held in any county in which the
offense was committed or in the county of residence of the person
whose personal identification was obtained, possessed,
transferred, created, uttered or converted. + }
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