SB 289 was introduced as a study of laws relating to environmental equity. But, Senator Lee Beyer’s Committee On Energy and Environment saw fit to replace it. Not all committee members agreed with this move, but not the ones you would think. Thus far the session has produced bill after bill expanding the rights of inmates, early release, and benefits for rehabilitation. Along comes the amended version of SB 289 prohibiting a person convicted of a first or second degree bias crime committed on water or public land used for outdoor recreation from entering or remaining in any building, land or water of the state used for outdoor recreation for a period of at least six months, but not longer than five-years in addition to any other penalty.

When a bill is replaced, known as “gut and stuff,” the content being "stuffed" has to fall within the "relating to" clause. Finding the connection to “environmental equity” seems absent. Since it is claimed that the majority of convictions are people of color, isn't this a racist concept that goes against the equity agenda?

Digging deeper into the “bias crime,” it becomes clear the penalties are particularly aimed at white people.

In ORS 166.155 to 166.165, a person commits a bias crime in the second degree if the person intentionally subjects another person to offensive physical contact because of the person’s perception, perceived threatening alarm, or tampers or interferes with property, having no right to do so with the intent to cause substantial inconvenience to another person because the person’s perception of the other person is race, color, religion, gender identity, sexual orientation, disability or national origin; and it is a first degree crime if intentionally, knowingly or recklessly causes these actions.

SB 289 not only seems discriminatory, but. ORS 166.155 should be of concern to every person when perceptions are used for conviction of a crime. What does it say about our liberties when you can’t read Huck Finn or Little House on the Prairie or the Bible in the open by the camp fire?

The bill heads to the Senate Floor for a vote.


--Donna Bleiler

Post Date: 2021-04-08 18:19:33

Last Update: 2021-04-08 18:50:27