Bill Text: OR HB2662 | 2011 | Regular Session | Enrolled
Bill Title: Relating to crime; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-21 - Chapter 448, (2011 Laws): Effective date June 21, 2011. [HB2662 Detail]
Download: Oregon-2011-HB2662-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2662
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary)
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; amending sections 12,
14 and 15, chapter 826, Oregon Laws 2009; repealing sections 5,
6 and 6c, chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
390); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 12, chapter 826, Oregon Laws 2009, as
amended by section 21, chapter 826, Oregon Laws 2009, is amended
to read:
{ + Sec. 12. + } (1) { - Section 1 of this 2009 Act - }
{ + ORS 181.740 + } applies to records and information in the
possession of the Department of Human Services, the Oregon Health
Authority, the Psychiatric Security Review Board or the Judicial
Department on or after { - the effective date of this 2009
Act - } { + January 1, 2010 + }, irrespective of when the
record or information was created.
{ - (2)(a) When the Department of Human Services determines
that the department has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 1 of this 2009 Act, the department shall adopt a rule so
indicating. The department shall notify Legislative Counsel when
the rule is adopted. - }
{ - (b) When the Oregon Health Authority determines that the
authority has received a sufficient legislative appropriation or
federal funding to carry out the provisions of section 1 of this
2009 Act, the authority shall adopt a rule so indicating. The
authority shall notify Legislative Counsel when the rule is
adopted. - }
{ - (c) When the Chief Justice of the Supreme Court
determines that the Judicial Department has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of section 1 of this 2009 Act, the Chief Justice shall
issue an order so indicating. The Chief Justice shall notify
Legislative Counsel when the order is issued. - }
{ - (d) When the Psychiatric Security Review Board determines
that the board has received a sufficient legislative
appropriation or federal funding to carry out the provisions of
section 1 of this 2009 Act, the board shall adopt a rule so
indicating. The board shall notify Legislative Counsel when the
rule is adopted. - }
Enrolled House Bill 2662 (HB 2662-B) Page 1
{ - (3)(a)(A) The Department of Human Services may not comply
with section 1 of this 2009 Act until the department adopts the
rule described in subsection (2)(a) of this section; and - }
{ - (B) If the Department of Human Services adopts the rule
described in subsection (2)(a) of this section before January 2,
2012, the department may not comply with section 1 of this 2009
Act until the later of: - }
{ - (i) The date the Psychiatric Security Review Board adopts
the rule described in section 13 of this 2009 Act; or - }
{ - (ii) January 2, 2012. - }
{ - (b)(A) The Oregon Health Authority may not comply with
section 1 of this 2009 Act or the amendments to ORS 166.412 by
section 17 of this 2009 Act until the authority adopts the rule
described in subsection (2)(b) of this section; and - }
{ - (B) If the Oregon Health Authority adopts the rule
described in subsection (2)(b) of this section before January 2,
2012, the authority may not comply with section 1 of this 2009
Act or the amendments to ORS 166.412 by section 17 of this 2009
Act until the later of: - }
{ - (i) The date the Psychiatric Security Review Board adopts
the rule described in section 13 of this 2009 Act; or - }
{ - (ii) January 2, 2012. - }
{ - (c)(A) The Judicial Department may not comply with
section 1 of this 2009 Act until the Chief Justice issues the
order described in subsection (2)(c) of this section; and - }
{ - (B) If the Chief Justice issues the order described in
subsection (2)(c) of this section before January 2, 2012, the
Judicial Department may not comply with section 1 of this 2009
Act until the later of: - }
{ - (i) The date the Psychiatric Security Review Board adopts
the rule described in section 13 of this 2009 Act; or - }
{ - (ii) January 2, 2012. - }
{ - (d)(A) The Psychiatric Security Review Board may not
comply with section 1 of this 2009 Act until the board adopts the
rule described in subsection (2)(d) of this section; and - }
{ - (B) If the board adopts the rule described in subsection
(2)(d) of this section before January 2, 2012, the board may not
comply with section 1 of this 2009 Act until the later of: - }
{ - (i) The date the board adopts the rule described in
section 13 of this 2009 Act; or - }
{ - (ii) January 2, 2012. - }
{ - (4)(a) When the Chief Justice of the Supreme Court
determines that the Judicial Department has received a sufficient
legislative appropriation or federal funding to carry out the
provisions of the amendments to ORS 426.160 and 427.293 by
sections 2 and 3 of this 2009 Act, the Chief Justice shall issue
an order so indicating. The Chief Justice shall notify
Legislative Counsel when the order is issued. - }
{ - (b)(A) - } { + (2) + } { - Except as provided in
subparagraph (B) of this paragraph, - } The amendments to ORS
426.160 and 427.293 by sections 2 and 3 { + , chapter 826, Oregon
Laws 2009, + } { - of this 2009 Act - } become operative on
the { + effective date of this 2011 Act. + } { - date the
Chief Justice issues the order described in paragraph (a) of this
subsection. - }
{ - (B) If the Chief Justice issues the order described in
paragraph (a) of this subsection before January 2, 2012, the
amendments to ORS 426.160 and 427.293 by sections 2 and 3 of this
2009 Act become operative on the later of: - }
Enrolled House Bill 2662 (HB 2662-B) Page 2
{ - (i) The date the Psychiatric Security Review Board adopts
the rule described in section 13 of this 2009 Act; or - }
{ - (ii) January 2, 2012. - }
SECTION 2. Section 14, chapter 826, Oregon Laws 2009, as
amended by section 23, chapter 826, Oregon Laws 2009, is amended
to read:
{ + Sec. 14. + } { - (1) Sections 5 and 13 of this 2009 Act
are repealed on January 2, 2012. - }
{ + (1) Section 5, chapter 826, Oregon Laws 2009, as amended
by sections 18 and 18a, chapter 826, Oregon Laws 2009, is
repealed on January 2, 2016.
(2) Section 13, chapter 826, Oregon Laws 2009, as amended by
section 22, chapter 826, Oregon Laws 2009, is repealed on January
2, 2016. + }
{ - (2) - } { + (3) + } The amendments to ORS 166.250,
166.274, 166.291 and 166.470 by sections 10, 11, 11a and 20 { + ,
chapter 826, Oregon Laws 2009, + } { - of this 2009 Act - }
become operative on January 2, { - 2012 - } { + 2016 + }.
SECTION 3. Section 15, chapter 826, Oregon Laws 2009, as
amended by section 24, chapter 826, Oregon Laws 2009, is amended
to read:
{ + Sec. 15. + } (1) The repeal of section 5 { + , chapter
826, Oregon Laws 2009, + } { - of this 2009 Act - } by section
14 { + , chapter 826, Oregon Laws 2009, + } { - of this 2009
Act - } does not affect any petition for relief filed pursuant
to section 5 { + , chapter 826, Oregon Laws 2009, + }
{ - of this 2009 Act - } with the Psychiatric Security Review
Board before January 2, { - 2012 - } { + 2016 + }. Any
proceeding commenced under section 5 { + , chapter 826, Oregon
Laws 2009, + } { - of this 2009 Act - } before January 2,
{ - 2012 - } { + 2016 + }, shall continue to be governed by
the provisions of section 5 { + , chapter 826, Oregon Laws
2009 + } { - of this 2009 Act - } .
(2) Nothing in the repeal of section 5 { + , chapter 826,
Oregon Laws 2009, + } { - of this 2009 Act - } by section
14 { + , chapter 826, Oregon Laws 2009, + } { - of this 2009
Act - } or the amendments to ORS 166.250, 166.274, 166.291 and
166.470 by sections 10, 11, 11a and 20 { + , chapter 826, Oregon
Laws 2009, + } { - of this 2009 Act - } affects the relief
granted to a person under section 5 { + , chapter 826, Oregon
Laws 2009 + } { - of this 2009 Act - } .
SECTION 3a. { + If Senate Bill 390 becomes law, sections 5
(amending section 12, chapter 826, Oregon Laws 2009) and 6,
chapter ___, Oregon Laws 2011 (Enrolled Senate Bill 390), are
repealed. + }
SECTION 3b. { + If Senate Bill 390 becomes law and Senate Bill
68 does not become law, the amendments to ORS 426.160 and 427.293
by sections 2 and 4, chapter ___, Oregon Laws 2011 (Enrolled
Senate Bill 390), become operative on the effective date of this
2011 Act. + }
SECTION 3c. { + If both Senate Bill 390 and Senate Bill 68
become law, the amendments to ORS 426.160 and 427.293 by sections
6a and 6b, chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
390), become operative on the effective date of this 2011
Act. + }
SECTION 3d. { + If both Senate Bill 390 and Senate Bill 68
become law, section 6c, chapter ___, Oregon Laws 2011 (Enrolled
Senate Bill 390), is repealed. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
Enrolled House Bill 2662 (HB 2662-B) Page 3
is declared to exist, and this 2011 Act takes effect on its
passage. + }
----------
Passed by House April 29, 2011
Repassed by House June 9, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 7, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2662 (HB 2662-B) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2662 (HB 2662-B) Page 5
