Bill Text: OR HB2552 | 2013 | Regular Session | Introduced
Bill Title: Relating to sex offender reporting; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2552 Detail]
Download: Oregon-2013-HB2552-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 209
House Bill 2552
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary)
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.
Eliminates obligation to report as sex offender if person is
required to report solely as result of juvenile court
adjudication for act committed when person was under 16 years of
age.
Authorizes persons convicted of sex crime for conduct occurring
when person was under 16 years of age to petition for relief from
obligation to report as sex offender under certain circumstances.
Authorizes persons convicted of, or adjudicated for, sex crime
in Oregon to obtain relief from reporting requirements when
person does not reside, attend school or work in Oregon.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to sex offender reporting; creating new provisions;
amending ORS 181.609, 181.820 and 181.823; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.609 is amended to read:
181.609. (1) Unless the juvenile court enters an order under
ORS 181.823 or 181.826 relieving a person of the obligation to
report as a sex offender, subsections (2) to (4) of this section
apply to a person:
(a) Who has been found to be within the jurisdiction of the
juvenile court under ORS 419C.005, or found by the juvenile court
to be responsible except for insanity under ORS 419C.411, for
having committed an act { + while the person was at least 16
years of age + } that if committed by an adult would constitute a
felony sex crime; or
(b) Who has been found in a juvenile adjudication in another
United States court to have committed an act while the person was
{ + at least 16 years of age and + } under 18 years of age that
would constitute a felony sex crime if committed in this state by
an adult.
(2) A person described in subsection (1) of this section who
resides in this state shall make an initial report, in person, to
the Department of State Police, a city police department or a
county sheriff's office as follows:
(a) If, as a result of the juvenile adjudication for a felony
sex crime, the person is discharged, released or placed on
probation or any other form of supervised or conditional release
by the juvenile court, the person shall make the initial report
in the county in which the person is discharged, released or
placed on probation or other form of supervised or conditional
release, no later than 10 days after the date the person is
discharged, released or placed on probation or other form of
supervised or conditional release;
(b) If, as a result of the juvenile adjudication for a felony
sex crime, the person is confined in a correctional facility by
the juvenile court, the person shall make the initial report in
the county in which the person is discharged or otherwise
released from the facility, no later than 10 days after the date
the person is discharged or otherwise released from the facility;
or
(c) If the person is adjudicated for the act giving rise to the
obligation to report in another United States court and the
person is found to have committed an act that if committed by an
adult in this state would constitute:
(A) A Class A or Class B felony sex crime:
(i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report to
the Department of State Police in Marion County, Oregon, no later
than 10 days after the date the person moves into this state; or
(ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report to the
Department of State Police in Marion County, Oregon, no later
than 10 days after the date the person is discharged, released or
placed on probation or any other form of supervised or
conditional release by the other United States court or, if the
person is confined in a correctional facility by the other United
States court, no later than 10 days after the date the person is
discharged or otherwise released from the facility.
(B) A Class C felony sex crime:
(i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report to
the Department of State Police in Marion County, Oregon, no later
than six months after the date the person moves into this state;
or
(ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report to the
Department of State Police in Marion County, Oregon, no later
than 10 days after the date the person is discharged, released or
placed on probation or any other form of supervised or
conditional release by the other United States court or, if the
person is confined in a correctional facility by the other United
States court, no later than 10 days after the date the person is
discharged or otherwise released from the facility.
(3) After making the initial report described in subsection (2)
of this section, the person shall report, in person, to the
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence:
(a) Within 10 days of a change of residence;
(b) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
(c) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(d) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(4) When a person described in subsection (1) of this section
attends school or works in this state, resides in another state
and is not otherwise required to report as a sex offender under
this section or ORS 181.595, 181.596 or 181.597, the person shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office, in the county in
which the person attends school or works, no later than 10 days
after:
(a) The first day of school attendance or the 14th day of
employment in this state; and
(b) A change in school enrollment or employment.
(5) The agency to which a person reports under this section
shall complete a sex offender registration form concerning the
person when the person reports under this section.
(6) As part of the registration and reporting requirements of
this section:
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) The Department of State Police, the city police department
or the county sheriff's office:
(A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
(B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
(C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police.
(7) The obligation to report under this section is terminated
if the adjudication that gave rise to the obligation is reversed
or vacated.
(8) The court shall ensure that a person described in
subsection (1)(a) of this section completes a form that documents
the person's obligation to report under this section. No later
than three working days after the person completes the form
required by this subsection, the court shall ensure that the form
is sent to the Department of State Police.
SECTION 2. { + The amendments to ORS 181.609 by section 1 of
this 2013 Act apply to juvenile adjudications occurring before,
on or after the effective date of this 2013 Act. + }
SECTION 3. { + No later than January 1, 2015, the Department
of State Police shall remove from the Law Enforcement Data System
the sex offender information obtained from sex offender
registration forms submitted under ORS 181.595, 181.596, 181.597
or 181.609 for any person who has reported as a sex offender
solely as the result of a juvenile adjudication for an act
committed while the person was under 16 years of age. + }
SECTION 4. ORS 181.820, as amended by section 9, chapter 48,
Oregon Laws 2012, is amended to read:
181.820. (1) { - (a) - } No sooner than 10 years after
termination of supervision on probation, conditional release,
parole or post-prison supervision, a person required to report
under ORS 181.595, 181.596 or 181.597 { + , or required to report
as a sex offender under the laws of another state as the result
of a conviction entered in circuit court, + }may file a petition
{ - in circuit court - } for an order relieving the person of
the { - duty - } { + obligation + } to report. The person must
pay the filing fee established under ORS 21.135. A petition may
be filed under this section only if:
{ + (a) + }(A) The person has only one conviction for a sex
crime;
(B) The sex crime was a misdemeanor or Class C felony or, if
committed in another state, would have been a misdemeanor or
Class C felony if committed in this state; and
(C) The person has not been determined to be a predatory sex
offender as described in ORS 181.585 { + ; or
(b)(A) The person has only one conviction for a sex crime;
(B) The court did not impose a mandatory minimum sentence under
ORS 137.700 for the sex crime;
(C) The person was convicted of the sex crime for conduct
occurring while the person was under 16 years of age; and
(D) The sex crime was first reported to a law enforcement
agency as defined in ORS 131.550 after the person attained 18
years of age + }.
{ - (b)(A) - } { + (2)(a) + } Except as otherwise provided
in this
{ - paragraph - } { + subsection + }, the petition must be
filed in the circuit court of the county in which the person was
convicted of the sex crime.
{ - (B) - } { + (b) + } If the person was convicted of the
sex crime in another state, the petition must be filed in the
circuit court of the county in which the person resides.
(c) The district attorney of the county in which the petition
is filed shall be named and served as the respondent in the
petition.
{ - (2) - } { + (3) + } The court shall hold a hearing on
the petition. In determining whether to grant the relief
requested, the court shall consider:
(a) The nature of the offense that required reporting;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
reporting;
(e) The period of time during which the petitioner has not
reoffended;
(f) Whether the petitioner has successfully completed a
court-approved sex offender treatment program; and
(g) Any other relevant factors.
{ - (3) - } { + (4) + } If the court is satisfied by clear
and convincing evidence that the petitioner is rehabilitated and
that the petitioner does not pose a threat to the safety of the
public, the court shall enter an order relieving the petitioner
of the { - duty - } { + obligation + } to report. When the
court enters an order under this subsection, the petitioner shall
send a certified copy of the court order to the Department of
State Police.
SECTION 5. ORS 181.823 is amended to read:
181.823. (1) A person required to report as a sex offender
under ORS 181.609 (1)(a) { + , or required to report as a sex
offender under the laws of another state as the result of an
adjudication in the juvenile court, + } may file a petition for
an order relieving the person of the { - duty - } { +
obligation + } to report. The person must pay the filing fee
established under ORS 21.135. If the person resides:
(a) In this state and is required to report under ORS 181.609
(2) or (3), the petition must be filed in the juvenile court in
which the person was adjudicated for the act that requires
reporting.
(b) In another state and is required to report under ORS
181.609 (4), the petition must be filed in the juvenile court in
the county in which the person attends school or works.
{ + (c) In another state and is required to report under the
laws of the other state, the petition must be filed in the
juvenile court in which the person was adjudicated for the act
that requires reporting. + }
(2) If the act giving rise to the obligation to report would
constitute:
(a) A Class A or Class B felony sex crime if committed by an
adult, the petition may be filed no sooner than two years after
the termination of juvenile court jurisdiction over the person
or, if the person is placed under the jurisdiction of the
Psychiatric Security Review Board, no sooner than two years after
the person is discharged from the jurisdiction of the board.
(b) A Class C felony sex crime if committed by an adult, the
petition may be filed no sooner than 30 days before the
termination of juvenile court jurisdiction over the person or, if
the person is placed under the jurisdiction of the Psychiatric
Security Review Board, no sooner than 30 days before the person
is discharged from the jurisdiction of the board.
(3)(a) The juvenile court in which a petition under this
section is filed may transfer the matter to the juvenile court of
the county that last supervised the person if the court
determines that the convenience of the parties, the victim and
witnesses require the transfer.
(b) The juvenile court has exclusive original jurisdiction in
any proceeding under this section.
(c) The person, the district attorney and the juvenile
department are parties to a hearing on a petition filed under
this section.
(4) The person filing the petition has the burden of proving by
clear and convincing evidence that the person is rehabilitated
and does not pose a threat to the safety of the public. In
determining whether the person has met the burden of proof, the
juvenile court may consider but need not be limited to
considering:
(a) The extent and impact of any physical or emotional injury
to the victim;
(b) The nature of the act that subjected the person to the
{ - duty - } { + obligation + } of reporting as a sex
offender;
(c) Whether the person used or threatened to use force in
committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of
authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
(i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
(j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
(k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent of the treatment
activities;
(B) Reports and recommendations from the providers of the
treatment;
(C) The person's compliance with court, board or supervision
requirements regarding treatment; and
(D) The quality and thoroughness of the treatment program;
(m) The person's academic and employment history;
(n) The person's use of drugs or alcohol before and after the
adjudication;
(o) The person's history of public or private indecency;
(p) The person's compliance with and success in completing the
terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by the continued
existence of the records; and
(s) Any other relevant factors.
(5) In a hearing under this section, the juvenile court may
receive testimony, reports and other evidence without regard to
whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585 if the evidence is relevant to the determination
and findings required under this section. As used in this
subsection, 'relevant evidence' has the meaning given that term
in ORS 40.150.
(6) When a petition is filed under this section, the state has
the right to have a psychosexual evaluation of the person
conducted. The state shall file notice with the juvenile court of
its intention to have the person evaluated. If the person objects
to the evaluator chosen by the state, the juvenile court for good
cause shown may direct the state to select a different evaluator.
(7) As soon as practicable after a petition has been filed
under this section, the district attorney or juvenile department
shall make a reasonable effort to notify the victim of the crime
that the person has filed a petition seeking relief under this
section and, if the victim has requested, to inform the victim of
the date, time and place of a hearing on the petition in advance
of the hearing.
(8)(a) When a petition filed under this section is filed:
(A) While the person is under the jurisdiction of the juvenile
court or the Psychiatric Security Review Board or less than three
years after the date the jurisdiction is terminated, the court
shall hold a hearing no sooner than 60 days and no later than 120
days after the date of filing.
(B) Three years or more after the date the juvenile court or
board jurisdiction is terminated, the court shall hold a hearing
no sooner than 90 days and no later than 150 days after the date
of filing.
(b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
(9)(a) When the person proves by clear and convincing evidence
that the person is rehabilitated and does not pose a threat to
the safety of the public, the court shall grant the petition.
(b) Notwithstanding paragraph (a) of this subsection, the court
may not grant a petition filed under this section before the date
the juvenile court or board jurisdiction over the person is
terminated.
(10) When a juvenile court enters an order relieving a person
of the requirement to report under ORS 181.609, the person shall
send a certified copy of the juvenile court order to the
Department of State Police.
(11) If a person commits an act that could be charged as a sex
crime listed in ORS 137.707 and the person is 15, 16 or 17 years
of age at the time the act is committed, the state and the person
may stipulate that the person may not petition for relief under
this section as part of an agreement that the person be subject
to the jurisdiction of the juvenile court rather than being
prosecuted as an adult under ORS 137.707.
(12) When a petition is filed under subsection (2)(b) of this
section before the termination of juvenile court or board
jurisdiction, if the person, or the parent or guardian of the
person if the person is less than 18 years of age, requests
counsel and is without sufficient financial means to employ
suitable counsel to represent the person, for purposes of the
petition described in this section, the court shall appoint
suitable counsel to represent the person. Appointment of counsel
under this subsection is subject to ORS 419C.200, 419C.203,
419C.206 and 419C.209.
SECTION 6. { + The amendments to ORS 181.820 and 181.823 by
sections 4 and 5 of this 2013 Act apply to petitions filed on or
after the effective date of this 2013 Act. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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