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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3697
Sponsored by Representative CATE
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes theft and burglary more serious crimes when they involve the theft of
drugs. The Act takes effect on the 91st day after sine die. (Flesch Readability Score: 83.4).
Provides that theft of a controlled substance or a prescription medication constitutes theft in
the first degree.Punishes by a maximum penalty of five years’ imprisonment, a fine of up to
$125,000, or both.
Provides that entering or remaining unlawfully in a building that is primarily used as or con-
tains a pharmacy constitutes burglary in the first degree in specified circumstances. Punishes by a
maximum penalty of 20 years’ imprisonment, a fine of up to $375,000, or both.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to crime; amending ORS 164.055, 164.205 and 164.225; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 164.055 is amended to read:
164.055. (1) A person commits the crime of theft in the first degree if, by means other than
extortion, the person commits theft as defined in ORS 164.015 and:
(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an
area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the
security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed
from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c);
(f) The subject of the theft is a precursor substance; [or]
(g) The subject of the theft is a controlled substance or a prescription medication; or
[(g)] (h) During the commission of the theft, the person recklessly engages in conduct that cre-
ates a substantial risk of serious physical injury to another person.
(2) As used in this section:
(a) “Companion animal” means a dog or cat possessed by a person, business or other entity for
purposes of companionship, security, hunting, herding or providing assistance in relation to a phys-
ical disability.
(b) “Controlled substance” has the meaning given that term in ORS 475.005.
(c) “Drug” has the meaning given that term in ORS 475.005.
[(b)] (d) “Explosive” means a chemical compound, mixture or device that is commonly used or
intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin,
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 3775 HB3697
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blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder,
smokeless powder, small arms ammunition and small arms ammunition primers.
[(c)] (e) “Firearm” has the meaning given that term in ORS 166.210.
[(d)] (f) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt,
mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(g) “Practitioner” has the meaning given that term in ORS 475.005.
[(e)] (h) “Precursor substance” has the meaning given that term in ORS 475.940.
(i) “Prescription medication” means a drug prepared under the written, oral or elec-
tronically transmitted direction of a practitioner.
(3) Theft in the first degree is a Class C felony.
SECTION 2. ORS 164.205 is amended to read:
164.205. As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft
or other structure adapted for overnight accommodation of persons or for carrying on business
therein. Where a building consists of separate units, including, but not limited to, separate apart-
ments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate
building.
(2) “Controlled substance” has the meaning given that term in ORS 475.005.
(3) “Drug” has the meaning given that term in ORS 475.005.
[(2)] (4) “Dwelling” means a building which regularly or intermittently is occupied by a person
lodging therein at night, whether or not a person is actually present.
[(3)] (5) “Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or re-
maining, are not open to the public and when the entrant is not otherwise licensed or privileged to
do so;
(b) To fail to leave premises that are open to the public after being lawfully directed to do so
by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the
premises; or
(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.
[(4)] (6) “Open to the public” means premises which by their physical nature, function, custom,
usage, notice or lack thereof or other circumstances at the time would cause a reasonable person
to believe that no permission to enter or remain is required.
[(5)] (7) “Person in charge” means a person, a representative or employee of the person who has
lawful control of premises by ownership, tenancy, official position or other legal relationship. “Per-
son in charge” includes[,] but is not limited to the person, or holder of a position, designated as the
person or position-holder in charge by the Governor, board, commission or governing body of any
political subdivision of this state.
(8) “Pharmacy” has the meaning given that term in ORS 689.005.
(9) “Practitioner” has the meaning given that term in ORS 475.005.
[(6)] (10) “Premises” includes any building and any real property, whether privately or publicly
owned.
(11) “Prescription medication” means a drug prepared under the written, oral or elec-
tronically transmitted direction of a practitioner.
SECTION 3. ORS 164.225 is amended to read:
[2] HB3697
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164.225. (1) A person commits the crime of burglary in the first degree if the person violates
ORS 164.215 and:
(a) The building is a dwelling[, or];
(b) The building is primarily used as a pharmacy;
(c) The building contains a pharmacy, and the person enters or remains unlawfully in the
building with intent to commit theft of prescription medications or controlled substances
therein;or
(d) If in effecting entry or while in a building or in immediate flight therefrom the person:
[(a)] (A) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly
weapon;
[(b)] (B) Causes or attempts to cause physical injury to any person; or
[(c)] (C) Uses or threatens to use a dangerous weapon.
(2) Burglary in the first degree is a Class A felony.
SECTION 4. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[3]