Bill Text: OR HB2662 | 2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 2662

LC 163/HB 2662-1

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2662

                    By COMMITTEE ON JUDICIARY

                            April 25

  In line 2 of the printed bill, delete 'amending ORS 166.015'
and insert 'amending sections 12, 14 and 15, chapter 826, Oregon
Laws 2009; and declaring an emergency'.
  Delete lines 4 through 8 and insert:
  '  { +  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. - }
  '  { - (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: - }
  '  { - (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 4. + }  { + This 2011 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act
takes effect on its passage. + } ' .
                         ----------