Section 167.332 - [Effective Until 1/1/2025] Prohibition against possession of same genus or domestic animal; prohibition period reduction; waiver procedure(1) Except as provided in subsections (3) and (4) of this section: (a) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.340 or 167.355 or of a misdemeanor under ORS 167.320, 167.325 or 167.330 or this section may not possess or reside with any animal of the same genus against which the crime was committed or any domestic animal for a period of five years following entry of the conviction.(b) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.322, 167.333, 167.365 or 167.428 or of a felony under ORS 167.320, 167.325 or 167.330 may not possess or reside with any animal of the same genus against which the crime was committed or any domestic animal for a period of 15 years following entry of the conviction. (2) Except as provided in subsection (5)(d) of this section, a person who possesses or resides with an animal in violation of this section commits a Class B misdemeanor. When a person is convicted of possessing or residing with an animal in violation of this section, as part of the sentence the court may order the removal of that animal from the person's possession or residence and as a condition of the person's probation may prohibit the person from possessing or residing with any animal of the same genus that the person unlawfully possessed or resided with under this section or against which the underlying violation of ORS 167.315, 167.320, 167.322, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 or this section was committed.(3) The prohibition described in subsection (1) of this section does not apply to a person's first conviction if the person is the owner of a commercial livestock operation and the underlying violation of ORS 167.315, 167.320, 167.322, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 was committed against livestock.(4)(a) A person subject to a prohibition described in subsection (1) of this section may file a motion with the sentencing court requesting a waiver of the prohibition. The person must file a sworn affidavit in support of the motion stating that:(A) The person's conviction leading to the prohibition involved only livestock;(B) During the two years before the conviction triggering the prohibition, the person was the owner of a commercial livestock operation;(C) The person has not been convicted, in the previous five years, of a crime involving animals or domestic violence or a crime where the victim was under 18 years of age; and(D) The person's conviction was the result of: (i) Criminal liability for the conduct of another person under ORS 161.155 (2)(c);(ii) Criminal liability of a corporation as described in ORS 161.170, and the person is a corporation; or(iii) Animal neglect as described in ORS 167.325 or 167.330 and the person's criminal conduct was not knowing or intentional.(b) When a person files a motion and affidavit described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall grant the motion if the person proves by clear and convincing evidence that:(A) Continued enforcement of the prohibition against possessing or residing with livestock would result in substantial economic hardship that cannot otherwise be mitigated;(B) The person no longer poses any risk to animals; and(C) The person is capable of providing and willing to provide necessary, adequate and appropriate levels of care for all livestock that would come within the person's custody or control if the petition is granted.(c) When deciding a motion filed under this subsection, the sentencing court may consider the person's financial circumstances and mental health in determining whether the person is capable of adequately caring for livestock.(d) If the sentencing court grants the motion described in this subsection, the waiver of the prohibition against possessing or residing with animals shall apply only to livestock. The sentencing court shall further order that for five years the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of the livestock under the person's custody or control. A refusal to consent to a reasonable inspection described in this paragraph is contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the waiver of the prohibition.(e) As used in this subsection, "commercial livestock operation" means a licensed business engaged in the raising, breeding or selling of livestock for profit.(5)(a) A person subject to a prohibition described in subsection (1) of this section may file a motion with the sentencing court requesting a termination of the prohibition, a reduction in the length of the prohibition or an amendment of the prohibition to exclude certain categories of animals or certain specific animals, unless the underlying conviction was for intentional or knowing conduct. The person must: (A) File a sworn affidavit in support of the motion stating that, apart from the underlying offense, the person has not been previously convicted of a violation of ORS 167.315, 167.333, 167.340, 167.355, 167.365 or 167.428, of a misdemeanor or a felony under ORS 167.320, 167.325 or 167.330, or of a violation of the equivalent laws of another jurisdiction.(B) Serve a copy of the motion upon the office of the prosecuting attorney who prosecuted the offense.(b) When a person files a motion described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall consider: (A) The nature of the underlying offense;(B) The number of animals involved in the underlying offense;(C) The degree of violence and criminal intent involved in the underlying offense;(D) Other criminal and relevant noncriminal behavior of the person both before and after the underlying conviction;(E) The period of time during which the person has not reoffended;(F) Whether the person has successfully completed a court-approved treatment program related to animal care and welfare; and(G) Any other relevant factors.(c) If, after a hearing described in paragraph (b) of this subsection, the sentencing court is satisfied by clear and convincing evidence that the person no longer poses any risk to animals under the person's custody or control, the sentencing court shall: (A) Enter an order terminating the prohibition, reducing the length of the prohibition, amending the prohibition to exclude certain categories of animals or amending the prohibition to exclude certain specific animals.(B) Order that, for five years, the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of any animals under the person's custody or control. A refusal to consent to a reasonable inspection described in this subparagraph constitutes contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the order described in subparagraph (A) of this paragraph.(d) A person whose motion under this subsection has been granted and who possesses or resides with an animal in violation of an order described in paragraph (c)(A) of this subsection commits a Class A misdemeanor. If a person is convicted of a violation described in this paragraph, as part of the sentence the sentencing court may order the removal of the animal from the person's possession or residence.Amended by 2024 Ch. 30,§ 7, eff. 6/6/2024.Amended by 2017 Ch. 677, § 3, eff. 8/8/2017.Amended by 2015 Ch. 324, § 4, eff. 1/1/2016.Amended by 2013 Ch. 719, § 6, eff. 7/29/2013.2001 c.926 §3; 2009 c. 486, § 1 This section is set out more than once due to postponed, multiple, or conflicting amendments.