Bill Text: OR HB4048 | 2012 | Regular Session | Introduced


Bill Title: Relating to failing to make reports involving children; declaring an emergency. [Track Bill]

Status: 2012-03-05 - In committee upon adjournment. [HB4048 Detail]

Download: Oregon-2012-HB4048-Introduced.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 9

                         House Bill 4048

Sponsored by Representative LINDSAY; Representatives BENTZ,
  BREWER, BUCKLEY, ESQUIVEL, GELSER, HUFFMAN, HUNT, KENNEMER,
  SHEEHAN, SPRENGER, WEIDNER, WINGARD, WITT, Senators DEVLIN,
  GIROD, MONNES ANDERSON, OLSEN, VERGER (Presession filed.)

                             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.

  Creates crime of failure to report the death of a child.
Punishes by maximum of five years' imprisonment, $125,000 fine,
or both.
  Creates crime of failure to report a missing child. Punishes by
maximum of five years' imprisonment, $125,000 fine, or both.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to failing to make reports involving children; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the crime of failure to
report the death of a child if:
  (a) The person is a parent or lawful guardian of a child under
12 years of age;
  (b) The person knows that the child has died;
  (c) The circumstances of the child's death that are known to
the person would cause a reasonable person to believe that the
child's death was the result of a crime; and
  (d) The person fails to report the child's death to a law
enforcement agency within 24 hours after acquiring knowledge of
the circumstances described in paragraph (c) of this subsection.
  (2) Failure to report the death of a child is a Class C felony.
  (3) As used in this section, 'law enforcement agency' means the
Department of State Police, a county sheriff's office, a city
police department or a 9-1-1 emergency reporting system as
defined in ORS 403.105. + }
  SECTION 2.  { + (1) A person commits the crime of failure to
report a missing child if:
  (a) The person is a parent or lawful guardian of a child under
12 years of age;
  (b) The person knows that the child is missing;
  (c) The child is missing under circumstances that are known to
the person and would cause a reasonable person to believe that
the child is in danger of physical harm; and
  (d) The person fails to report the missing child to a law
enforcement agency within 24 hours after acquiring knowledge of
the circumstances described in paragraph (c) of this subsection.
  (2) Failure to report a missing child is a Class C felony.
  (3) As used in this section, 'law enforcement agency' means the
Department of State Police, a county sheriff's office, a city
police department or a 9-1-1 emergency reporting system as
defined in ORS 403.105. + }
  SECTION 3.  { + Sections 1 and 2 of this 2012 Act are added to
and made a part of ORS 163.505 to 163.575. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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