Bill Text: OR HB2564 | 2013 | Regular Session | Introduced
Bill Title: Relating to sex offenders.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2564 Detail]
Download: Oregon-2013-HB2564-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 437
House Bill 2564
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.
Grants State Board of Parole and Post-Prison Supervision
rulemaking authority for purposes of determining whether
predatory sex offender may lawfully enter or remain on premises
where persons under 18 years of age regularly congregate.
A BILL FOR AN ACT
Relating to sex offenders; amending ORS 163.476, 181.586 and
181.588.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.476 is amended to read:
163.476. (1) A person commits the crime of unlawfully being in
a location where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent dangerous
offender under ORS 137.765;
(B) Has been designated a predatory sex offender under ORS
181.585 and does not have written approval from the State Board
of Parole and Post-Prison Supervision or the person's supervisory
authority or supervising officer to be in or upon the specific
premises;
(C) Has been sentenced as a dangerous offender under ORS
161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been sentenced
under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises where
persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) 'Premises where persons under 18 years of age regularly
congregate' means schools, child care centers, playgrounds, other
places intended for use primarily by persons under 18 years of
age and places where persons under 18 years of age gather for
regularly scheduled educational and recreational programs.
(b) 'Sex crime' has the meaning given that term in ORS 181.594.
(3) Unlawfully being in a location where children regularly
congregate is a Class A misdemeanor.
{ + (4) The State Board of Parole and Post-Prison Supervision
shall adopt rules to carry out the provisions of subsection
(1)(a)(B) of this section. The rules must:
(a) Establish a process by which predatory sex offenders who
are not under supervision may petition the board for written
approval to be in or upon specific premises where persons under
18 years of age regularly congregate; and
(b) Require that the board, in determining whether to grant a
petition, consider any recommendation made by a supervising
agency under ORS 181.586 or a law enforcement agency under ORS
181.588. + }
SECTION 2. ORS 181.586 is amended to read:
181.586. (1)(a) If the State Board of Parole and Post-Prison
Supervision for a person on parole or post-prison supervision or
the Department of Corrections or a community corrections agency
for a person on probation makes a determination that the person
under its supervision is a predatory sex offender, the agency
supervising the person shall notify:
(A) Anyone whom the agency determines is appropriate that the
person is a predatory sex offender; and
(B) A long term care facility, as defined in ORS 442.015, or a
residential care facility, as defined in ORS 443.400, that the
person is a predatory sex offender if the agency knows that the
person is seeking admission to the facility.
(b) When a predatory sex offender has been subsequently
convicted of another crime and is on supervision for that crime,
the agency supervising the person, regardless of the nature of
the crime for which the person is being supervised:
(A) May notify anyone whom the agency determines is appropriate
that the person is a predatory sex offender; and
(B) Shall notify a long term care facility, as defined in ORS
442.015, or a residential care facility, as defined in ORS
443.400, that the person is a predatory sex offender if the
agency knows that the person is seeking admission to the
facility.
(2) In making a determination under subsection (1) of this
section, the agency shall consider notifying:
(a) The person's family;
(b) The person's sponsor;
(c) Residential neighbors and churches, community parks,
schools, convenience stores, businesses and other places that
children or other potential victims may frequent; and
(d) Any prior victim of the offender.
(3) When an agency determines that notification is necessary,
the agency may use any method of communication that the agency
determines is appropriate. The notification:
(a) May include, but is not limited to, distribution of the
following information:
(A) The person's name and address;
(B) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(C) The type of vehicle that the person is known to drive;
(D) Any conditions or restrictions upon the person's probation,
parole, post-prison supervision or conditional release;
(E) A description of the person's primary and secondary
targets;
(F) A description of the person's method of offense;
(G) A current photograph of the person; and
(H) The name or telephone number of the person's parole and
probation officer.
(b) Shall include, if the notification is required under
subsection (1)(a)(B) or (b)(B) of this section, the information
described in paragraph (a)(D), (F) and (H) of this subsection.
(4) Not later than 10 days after making its determination that
a person is a predatory sex offender, the agency supervising the
person shall:
(a) Notify the Department of State Police of the person's
status as a predatory sex offender;
(b) Enter into the Law Enforcement Data System the fact that
the person is a predatory sex offender; and
(c) Send to the Department of State Police, by electronic or
other means, all of the information listed in subsection (3) of
this section that is available.
(5) When the Department of State Police receives information
regarding a person under subsection (4) of this section, the
Department of State Police, upon request, may make the
information available to the public.
(6) Upon termination of its supervision of a person determined
to be a predatory sex offender, the agency supervising the person
shall:
(a) Notify the Department of State Police:
(A) Of the person's status as a predatory sex offender;
(B) Whether the agency made a notification regarding the person
under this section; { - and - }
(C) Of the person's level of supervision immediately prior to
termination of supervision; and
{ + (D) Whether the agency recommends that the State Board of
Parole and Post-Prison Supervision prohibit the person, under ORS
163.476, from entering or remaining in or upon premises where
persons under 18 years of age regularly congregate; and + }
(b) Send to the Department of State Police, by electronic or
other means, the documents relied upon in determining that the
person is a predatory sex offender and in establishing the
person's level of supervision.
(7) The agency supervising a person determined to be a
predatory sex offender shall verify the residence address of the
person every 90 days.
SECTION 3. ORS 181.588 is amended to read:
181.588. (1) Notwithstanding any other provision of law, when a
person who has been under supervision by the Department of
Corrections or a community corrections agency is no longer under
supervision, the Department of State Police, the chief of police
of a city police department or a county sheriff may notify the
public that the person is a predatory sex offender if:
(a) While the person was under supervision, the person was
determined to be a predatory sex offender as provided in ORS
181.585 and notification under ORS 181.586 was made to someone
other than the person's family; and
(b) The person's last primary supervising authority has
notified the Department of State Police that the person was under
a high level of supervision at the termination of the person's
most recent period of supervision.
(2) The Department of State Police, the chief of police of a
city police department or a county sheriff may notify the public
that a person is a predatory sex offender if:
(a) The Department of State Police, the chief of police or the
county sheriff determines that the person is a predatory sex
offender as provided in ORS 181.585; and
(b) The person was not under supervision in this state or for
some other reason was not subject to a determination under ORS
181.586.
(3) When the circumstances authorizing notification to the
public of a person's status as a predatory sex offender under
subsection (1) or (2) of this section exist, the Department of
State Police, chief of police or county sheriff shall notify a
long term care facility, as defined in ORS 442.015, or a
residential care facility, as defined in ORS 443.400, that the
person is a predatory sex offender if the department, chief of
police or county sheriff knows that the person is seeking
admission to the facility.
(4) Notification under subsection (1), (2) or (3) of this
section may include distribution of any information listed in ORS
181.586 (3)(a). Notification under subsection (3) of this section
shall include distribution of the information listed in ORS
181.586 (3)(b).
{ + (5) When the Department of State Police, a chief of
police or a county sheriff determines that a person is a
predatory sex offender under subsection (2) of this section, the
department, chief of police or county sheriff shall also
determine whether to recommend that the State Board of Parole and
Post-Prison Supervision prohibit the person, under ORS 163.476,
from entering or remaining in or upon premises where persons
under 18 years of age regularly congregate. + }
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