Bill Text: OR HB2697 | 2011 | Regular Session | Introduced
Bill Title: Relating to crime; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2697 Detail]
Download: Oregon-2011-HB2697-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1245
House Bill 2697
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.
Requires defendant or youth to file report of psychiatric or
psychological evaluation, conducted by certified evaluator, with
court before defendant or youth may introduce evidence related to
insanity defense. Provides exception for just cause when
defendant tried by jury.
Prohibits court from accepting guilty except for insanity plea
to certain offenses unless court is provided with report of
psychiatric or psychological evaluation of defendant. Authorizes
court to order evaluation.
Requires court to order evaluation if person is found guilty
except for insanity of Class C felony, and report of evaluation
is not provided to court.
Directs court to conditionally release defendant found guilty
except for insanity of misdemeanor under certain circumstances.
Requires that psychiatric or psychological evaluation of
defendant be conducted by certified evaluator when court orders
certain evaluations of defendant to determine whether defendant
is fit to proceed. Directs court to release defendant on
supervision under certain circumstances when defendant is found
unfit to proceed and charged with misdemeanors.
Requires Oregon Health Authority to adopt rules necessary to
certify psychiatrists and psychologists for purposes of certain
evaluations reported to court.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 161.309,
161.315, 161.327, 161.329, 161.365, 161.370 and 419C.524; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 161.309 is amended to read:
161.309. (1) { - No evidence may be introduced by - } The
defendant { + may not introduce evidence + }on the issue of
insanity under ORS 161.295, unless the defendant { + :
(a) + } Gives notice of intent to do so in the manner provided
in subsection (3) of this section { - . - } { + ; and
(b) Files with the court a report of a psychiatric or
psychological evaluation, conducted by a certified evaluator, in
the manner provided in subsection (4) of this section. + }
(2) The defendant may not introduce in the case in chief expert
testimony regarding partial responsibility or diminished capacity
under ORS 161.300 unless the defendant gives notice of intent to
do so in the manner provided in subsection (3) of this section.
(3) A defendant who is required under subsection (1) or (2) of
this section to give notice shall file a written notice of
purpose at the time the defendant pleads not guilty. The
defendant may file { - such - } { + the + } notice at any
time after the plea but before trial when just cause for failure
to file the notice at the time of making the plea is { - made
to appear to the satisfaction of the court - } { + shown + }.
If the defendant fails to file notice, the defendant
{ - shall not be entitled to - } { + may not + } introduce
evidence for the establishment of a defense under ORS 161.295 or
161.300 unless the court, in its discretion, permits
{ - such - } { + the + } evidence to be introduced where just
cause for failure to file the notice is
{ - made to appear - } { + shown + }.
{ + (4) A defendant who is required under subsection (1) of
this section to file a report of a psychiatric or psychological
evaluation shall file the report before trial. The report must be
based on an evaluation conducted after the date of the alleged
offense and must address the issue of insanity under ORS 161.295
and the dispositional determination described in ORS 161.325. If
the defendant fails to file a complete report before trial, the
defendant may not introduce evidence for the establishment of a
defense under ORS 161.295 unless:
(a) The court, in its discretion, permits the evidence to be
introduced where just cause for failure to file the report is
shown; and
(b) If the defendant is charged with an offense described in
ORS 161.327 (1)(a), the defendant is tried by a jury.
(5)(a) A court may not accept a plea of guilty except for
insanity to an offense described in ORS 161.327 (1)(a) unless a
report described in subsection (4) of this section is filed with
the court. If the report has not been filed, the court may order
that a psychiatric or psychological evaluation of the defendant
be conducted by a certified evaluator and a report of the
evaluation be filed with the court.
(b) When the court orders an evaluation of a financially
eligible person under this subsection, the court shall order the
public defense services executive director to pay a reasonable
fee for the evaluation from funds available for that purpose.
(6) As used in this section, 'certified evaluator' means a
psychiatrist or psychologist who holds a valid certification
under the provisions of section 7 of this 2011 Act. + }
SECTION 2. ORS 161.327 is amended to read:
161.327. { - (1)(a) - } { + (1) + } Following the entry of
a judgment pursuant to ORS 161.319 { - and the dispositional
determination under ORS 161.325, if the court finds that the
person would have been guilty of a felony, or of a misdemeanor
during a criminal episode in the course of which the person
caused physical injury or risk of physical injury to another, the
court shall order that a psychiatric or psychological evaluation
be performed and a report of the evaluation be provided to the
court if an evaluation was not performed or a report was not
provided to the court prior to trial. Upon receipt of the
evaluation, the court shall order that the - } { + , the court
shall order that a + } person be placed under the jurisdiction of
the Psychiatric Security Review Board for care and treatment
if { + :
(a) The person was found guilty except for insanity of a
felony, or of a misdemeanor during a criminal episode in the
course of which the person caused physical injury or risk of
physical injury to another; and
(b) + } The court finds by a preponderance of the evidence that
the person is affected by mental disease or defect and presents a
substantial danger to others requiring commitment { + or
conditional release. + } { - to: - }
{ - (A) A state hospital designated by the Oregon Health
Authority if the person is at least 18 years of age; or - }
{ - (B) A secure intensive community inpatient facility
designated by the authority if the person is under 18 years of
age. - }
{ - (b) The period of jurisdiction of the board is equal to
the maximum sentence provided by statute for the crime for which
the person was found guilty except for insanity. - }
{ - (c) When a court orders a psychiatric or psychological
evaluation of a financially eligible person under this
subsection, the court shall order the public defense services
executive director to pay a reasonable fee for the evaluation
from funds available for the purpose. - }
(2) The court shall determine whether the person should be
committed { - to a state hospital, or to a secure intensive
community inpatient facility, designated by the authority - } or
conditionally released pending any hearing before the board as
follows:
(a) If the court finds that the person presents a substantial
danger to others and is not a proper subject for conditional
release, the court shall order the person committed to a state
hospital designated by the { + Oregon Health + } Authority if
the person is at least 18 years of age, or to a secure intensive
community inpatient facility designated by the authority { + or
the Department of Human Services + } if the person is under 18
years of age, for custody, care and treatment pending hearing
before the board in accordance with ORS 161.341 to 161.351.
(b) If the court finds that the person presents a substantial
danger to others but that the person can be adequately controlled
with supervision and treatment if conditionally released and that
necessary supervision and treatment are available, the court may
order the person conditionally released { + .
(c) Notwithstanding paragraphs (a) and (b) of this subsection,
the court shall order the person conditionally released if the
court finds that:
(A) Each offense for which the person was found guilty except
for insanity is a misdemeanor; and
(B) The maximum length of incarceration the court could have
imposed, if the person had been convicted of each offense, is one
year or less.
(3) When a person is conditionally released under this
section + }, { + the person is + } subject to those supervisory
orders of the court as are in the best interests of justice, the
protection of society and the welfare of the person. The court
shall designate a person or state, county or local agency to
supervise the person upon release, subject to those conditions as
the court directs in the order for conditional release. Prior to
the designation, the court shall notify the person or agency to
whom conditional release is contemplated and provide the person
or agency an opportunity to be heard before the court. After
receiving an order entered under { - this paragraph - } { +
subsection (2)(b) or (c) of this section + }, the person or
agency designated shall assume supervision of the person pursuant
to the direction of the Psychiatric Security Review Board. The
person or agency designated as supervisor shall be required to
report in writing no less than once per month to the board
concerning the supervised person's compliance with the conditions
of release.
{ - (3) - } { + (4) + } For purposes of this section, a
person affected by a mental disease or defect in a state of
remission is considered to have a mental disease or defect
requiring supervision when the disease may, with reasonable
medical probability, occasionally become active and, when active,
render the person a danger to others.
{ - (4) - } { + (5) + } In determining whether a person
should be conditionally released, the court { + :
(a) + } May order evaluations, examinations and compliance as
provided in ORS 161.336 (4) and 161.346 (2) { + , provided that
the evaluation or examination is conducted by a local mental
health facility designated by the board; and
(b) Shall order that the person be examined by a local mental
health facility designated by the board and a report of the
examination be provided to the court if:
(A) Each offense for which the defendant was found guilty
except for insanity is a Class C felony; and
(B) A report of a psychiatric or psychological evaluation of
the defendant has not been provided to the court + }.
{ - (5) - } { + (6) + } In determining whether a person
should be committed to a state hospital or to a secure intensive
community inpatient facility or conditionally released, the court
shall have as its primary concern the protection of society.
{ - (6) - } { + (7) + } Upon placing a person on
conditional release, the court shall notify the board in writing
of the court's conditional release order, the supervisor
appointed, and all other conditions of release, and the person
shall be on conditional release pending hearing before the board
in accordance with ORS 161.336 to 161.351. Upon compliance with
{ - this subsection and subsections (1) and (2) of - } this
section, the court's jurisdiction over the person is terminated
and the board assumes jurisdiction over the person.
{ + (8) The period of jurisdiction of the board is equal to
the maximum sentence provided by statute for the crime for which
the person was found guilty except for insanity. + }
{ - (7) - } { + (9) + } An order of the court under this
section is a final order appealable by the person found guilty
except for insanity in accordance with ORS 19.205 (5).
Notwithstanding ORS 19.255, notice of an appeal under this
section shall be served and filed within 90 days after the order
appealed from is entered in the register. The person shall be
entitled on appeal to suitable counsel possessing skills and
experience commensurate with the nature and complexity of the
case. If the person is financially eligible, suitable counsel
shall be appointed in the manner provided in ORS 138.500 (1), and
the compensation for counsel and costs and expenses of the person
necessary to the appeal shall be determined and paid as provided
in ORS 138.500.
{ - (8) - } { + (10) + } Upon placing a person under the
jurisdiction of the board, the court shall notify the person of
the right to appeal and the right to a hearing before the board
in accordance with ORS 161.336 (7) and 161.341 (4).
SECTION 3. ORS 161.329 is amended to read:
161.329. Following the entry of a judgment pursuant to ORS
161.319 { - and the dispositional determination under ORS
161.325 - } , { + the court shall order a person found guilty
except for insanity of a crime discharged from custody + }if the
court finds that { + :
(1) + } The person is no longer affected by mental disease or
defect, or, if so affected, no longer presents a substantial
danger to others and is not in need of care, supervision or
treatment { - , the court shall order the person discharged from
custody. - } { + ; or
(2) Each offense for which the person was found guilty except
for insanity is a misdemeanor committed during a criminal episode
in the course of which the person did not cause physical injury
or risk of physical injury to another. + }
SECTION 4. ORS 419C.524 is amended to read:
419C.524. (1) A youth may not introduce evidence on the issue
of the defense set forth in ORS 419C.522 unless the youth { + :
(a) + } Gives notice of intent to do so in the manner provided
in subsection (2) of this section { - . - } { + ; and
(b) Files with the court a report of a psychiatric or
psychological evaluation, conducted by a certified evaluator, in
the manner provided in subsection (5) of this section. + }
(2) A youth who is required under subsection (1) of this
section to give notice must do so by filing a written notice of
intent. A youth who is not in detention must file the notice of
intent no later than 60 days after the petition is filed unless
the court finds good cause to extend the time. If the youth fails
to file notice timely, the youth may not introduce evidence for
the establishment of the defense set forth in ORS 419C.522 unless
the court permits the evidence to be introduced when just cause
for failure to file the notice is shown.
(3) Just cause for failure to file notice timely exists if the
youth was not represented by counsel until after the filing
period.
(4) The filing of a notice of intent under this section by a
youth in detention constitutes express consent of the youth for
continued detention under ORS 419C.150.
{ + (5) A youth who is required under subsection (1) of this
section to file a report of a psychiatric or psychological
evaluation shall file the report before trial. The report must be
based on an evaluation conducted after the date of the alleged
act and must address the issue of insanity under ORS 419C.411 (2)
and the dispositional determinations described in ORS 419C.411
(7) and 419C.529. If the youth fails to file a complete report
before trial, the youth may not introduce evidence for the
establishment of the defense set forth in ORS 419C.522 unless the
court permits the evidence to be introduced when just cause for
failure to file the report is shown.
(6) As used in this section, 'certified evaluator' means a
psychiatrist or psychologist who holds a valid certification
under the provisions of section 7 of this 2011 Act. + }
SECTION 5. ORS 161.365 is amended to read:
161.365. (1) { - Whenever - } { + When + } the court has
reason to doubt the defendant's fitness to proceed by reason of
incapacity as
{ - defined - } { + described + } in ORS 161.360, the court
may { + + }call { + any witness + } to its assistance in
reaching its decision { - any witness and may appoint a
psychiatrist or psychologist to examine the defendant and advise
the court - } .
{ - (2) - } If the court determines the assistance of a
psychiatrist or psychologist would be helpful, the court
may { + :
(a) Order that a psychiatric or psychological examination of
the defendant, conducted by a certified evaluator as defined in
ORS 161.309, be conducted and a report of the examination be
prepared; or
(b) + } Order the defendant to be committed for the purpose of
an examination for a period not exceeding 30 days to a state
mental hospital designated by the Oregon Health Authority if the
defendant is at least 18 years of age, or to a secure intensive
community inpatient facility designated by the authority if the
defendant is under 18 years of age.
{ + (c) + } The report of { - each - } { + an + }
examination { - shall - } { + described in this section
must + } include, but is not necessarily limited to, the
following:
{ - (a) - } { + (A) + } A description of the nature of the
examination;
{ - (b) - } { + (B) + } A statement of the mental condition
of the defendant; and
{ - (c) - } { + (C) + } If the defendant suffers from a
mental disease or defect, an opinion as to whether the defendant
is incapacitated within the { - definition - }
{ + description + } set out in ORS 161.360.
{ - (3) - } { + (2) + } Except when the defendant and the
court both request to the contrary, the report may not contain
any findings or conclusions as to whether the defendant as a
result of mental disease or defect was subject to the provisions
of ORS 161.295 or 161.300 at the time of the criminal act
charged.
{ - (4) - } { + (3) + } If the examination by the
psychiatrist or psychologist cannot be conducted by reason of the
unwillingness of the defendant to participate { - therein - }
{ + in the examination + }, the report shall so state and shall
include, if possible, an opinion as to whether { - such - }
{ + the + } unwillingness of the defendant was the result of
mental disease or defect affecting capacity to proceed.
{ - (5) - } { + (4) + } The report { - of the
examination - } shall be filed in triplicate with the clerk of
the court, who shall cause copies to be delivered to the district
attorney and to counsel for defendant.
{ - (6) - } { + (5)(a) + } When upon motion of the court or
a financially eligible defendant, the court has ordered a
psychiatric or psychological examination of the defendant, a
county or justice court shall order the county to pay, and a
circuit court shall order the public defense services executive
director to pay from funds available for the purpose:
{ - (a) - } { + (A) + } A reasonable fee if the examination
of the defendant is conducted by a psychiatrist or psychologist
in private practice; and
{ - (b) - } { + (B) + } All costs including transportation
of the defendant if the examination is conducted by a
psychiatrist or psychologist in the employ of the Oregon Health
Authority or a community mental health program established under
ORS 430.610 to 430.670.
{ - (7) - } { + (b) + } When { - such - } an examination
is ordered at the request or with the acquiescence of a defendant
who is determined not to be financially eligible, the examination
shall be performed at the defendant's expense. When
{ - such - } an examination is ordered at the request of the
prosecution, the county shall pay for the expense of the
examination.
SECTION 6. ORS 161.370 is amended to read:
161.370. (1) When the defendant's fitness to proceed is drawn
in question, the issue shall be determined by the court. If
neither the prosecuting attorney nor counsel for the defendant
contests the finding of the report filed { - by a psychiatrist
or psychologist - } under ORS 161.365, the court may make the
determination on the basis of { - such - } { + the + }
report. If the finding is contested, the court shall hold a
hearing on the issue. If the report is received in evidence
{ - upon such - } { + in the + } hearing, the party who
contests the finding { - thereof shall have - } { + has + }
the right to summon and to cross-examine any psychiatrist or
psychologist who submitted the report and to offer evidence upon
the issue. Other evidence regarding the defendant's fitness to
proceed may be introduced by either party.
(2) If the court determines that the defendant lacks fitness to
proceed, the { + criminal + } proceeding against the defendant
shall be suspended { - , except as provided in subsection (12)
of this section, - } and the court shall { + :
(a) + } Commit the defendant to the custody of the
superintendent of a state mental hospital designated by the
Oregon Health Authority if the defendant is at least 18 years of
age, or to the custody of the director of a secure intensive
community inpatient facility designated by the authority if the
defendant is under 18 years of age { - , or shall - } { + ; or
(b) + } Release the defendant on supervision for as long as
{ - such - } { + the + } unfitness { - shall endure - }
{ + endures + }. { +
(3) + } The court { - may - } { + shall + } release the
defendant on supervision if { - it - } { + the court + }
determines that { + :
(a) + } Care other than commitment for incapacity to stand
trial would better serve the defendant and the community { + ; or
(b)(A) Each offense with which the defendant is charged is a
misdemeanor; and
(B) The maximum sentence the court could impose, if the
defendant were convicted of each offense, is incarceration for
one year or less + }.
{ + (4) + } { - It - } { + When a defendant is released
on supervision under this section, the court + } may place
conditions { - which it - } { + that the court + } deems
appropriate on the release, including the requirement that the
defendant regularly report to the authority or a community mental
health program for examination to determine if the defendant has
regained capacity to stand trial. When the court, on its own
motion or upon the application of the superintendent of the
hospital or director of the secure intensive community inpatient
facility in which the defendant is committed, { + + } a person
examining the defendant as a condition of release on supervision,
or either party, determines, after a hearing, if a hearing is
requested, that the defendant has regained fitness to proceed,
the { + criminal + } proceeding shall be resumed. If, however,
the court is of the view that so much time has elapsed since the
commitment or release of the defendant on supervision that it
would be unjust to resume the criminal proceeding, the court on
motion of either party may dismiss the charge and may order the
defendant to be discharged or cause a proceeding to be commenced
forthwith under ORS 426.070 to 426.170 or 427.235 to 427.290.
{ - (3) - } { + (5) + } The superintendent of a state
hospital or director of a secure intensive community inpatient
facility shall cause the defendant to be evaluated within 60 days
from the defendant's delivery into the superintendent's or
director's custody, for the purpose of determining whether there
is a substantial probability that, in the foreseeable future, the
defendant will have the capacity to stand trial.
{ - (4) - } { + (6) + } In addition, the superintendent or
director shall:
(a) Immediately notify the committing court if the defendant,
at any time, gains or regains the capacity to stand trial or will
never have the capacity to stand trial.
(b) Within 90 days of the defendant's delivery into the
superintendent's or director's custody, notify the committing
court that:
(A) The defendant has the present capacity to stand trial;
(B) There is no substantial probability that, in the
foreseeable future, the defendant will gain or regain the
capacity to stand trial; or
(C) There is a substantial probability that, in the foreseeable
future, the defendant will gain or regain the capacity to stand
trial. If { - such a - } { + the + } probability exists, the
superintendent or director shall give the court an estimate of
the time in which the defendant, with appropriate treatment, is
expected to gain or regain capacity.
{ - (5) - } { + (7) + } If the superintendent or director
determines that there is a substantial probability that, in the
foreseeable future, the defendant will gain or regain the
capacity to stand trial, unless the court otherwise orders, the
defendant shall remain in the superintendent's or director's
custody where the defendant shall receive treatment designed for
the purpose of enabling the defendant to gain or regain capacity.
In keeping with the notice requirement under subsection
{ - (4)(b) - } { + (6)(b) + } of this section, the
superintendent or director shall, for the duration of the
defendant's period of commitment, submit a progress report to the
committing court, concerning the defendant's capacity or
incapacity, at least once every 180 days as measured from the
date of the defendant's delivery into the superintendent's or
director's custody.
{ - (6) - } { + (8) + } A defendant who remains committed
under subsection
{ - (5) - } { + (7) + } of this section shall be discharged
within a period of time that is reasonable for making a
determination concerning whether or not, and when, the defendant
may gain or regain capacity. However, regardless of the number of
charges with which the defendant is accused, in no event shall
the defendant be committed for longer than whichever of the
following, measured from the defendant's initial custody date, is
shorter:
(a) Three years; or
(b) A period of time equal to the maximum sentence the court
could have imposed if the defendant had been convicted.
{ - (7) - } { + (9) + } The superintendent or director
shall notify the committing court of the defendant's impending
discharge 30 days before the date on which the superintendent or
director is required to discharge the defendant under subsection
{ - (6) - } { + (8) + } of this section.
{ - (8) - } { + (10) + } When the committing court receives
a notice from the superintendent or director under
{ - either - } subsection { - (4) or (7) - } { + (6) or
(9) + } of this section concerning the defendant's progress or
lack thereof, the committing court shall determine { + , + }
after a hearing, if a hearing is requested, whether the defendant
presently has the capacity to stand trial.
{ - (9) - } { + (11) + } If under subsection { - (8) - }
{ + (10) + } of this section the court determines that the
defendant lacks the capacity to stand trial, the court shall
further determine whether there is a substantial probability that
the defendant, in the foreseeable future, will gain or regain the
capacity to stand trial and whether the defendant is entitled to
discharge under subsection
{ - (6) - } { + (8) + } of this section. If the court
determines that there is no substantial probability that the
defendant, in the foreseeable future, will gain or regain the
capacity to stand trial or that the defendant is entitled to
discharge under subsection { - (6) - } { + (8) + } of this
section, the court shall dismiss, without prejudice, all charges
against the defendant and:
(a) Order that the defendant be discharged; or
(b) Initiate commitment proceedings under ORS 426.070 or
427.235 to 427.290.
{ - (10) - } { + (12) + } All notices required under this
section shall be filed with the clerk of the court and delivered
to both the district attorney and the counsel for the defendant.
{ - (11) - } { + (13) + } If the defendant regains fitness
to proceed, the term of any sentence received by the defendant
for conviction of the crime charged shall be reduced by the
amount of time the defendant was committed under this section to
the custody of a state mental hospital, or to the custody of a
secure intensive community inpatient facility, designated by the
Oregon Health Authority.
{ - (12) - } { + (14) Notwithstanding the suspension of the
criminal proceeding under subsection (2) of this section, + } the
fact that the defendant is unfit to proceed does not preclude any
objection through counsel and without the personal participation
of the defendant on the grounds that the indictment is
insufficient, that the statute of limitations has run, that
double jeopardy principles apply or upon any other ground at the
discretion of the court which the court deems susceptible of fair
determination prior to trial.
SECTION 7. { + (1) The Oregon Health Authority shall adopt
rules necessary to certify psychiatrists and licensed
psychologists for the purpose of performing evaluations and
examinations described in ORS 161.309, 161.365 and 419C.524. The
rules must include a description of the standards and
qualifications necessary for certification.
(2) The authority shall consult with the Psychiatric Security
Review Board about proposed rules described in subsection (1) of
this section before issuing the proposed rules for public comment
and before adopting the rules. + }
SECTION 8. ORS 161.315 is amended to read:
161.315. Upon filing of notice or the introduction of evidence
by the defendant as provided in ORS 161.309 { - (3) - } , the
state shall have the right to have at least one psychiatrist or
licensed psychologist of its selection examine the defendant. The
state shall file notice with the court of its intention to have
the defendant examined. Upon filing of the notice, the court, in
its discretion, may order the defendant committed to a state
institution or any other suitable facility, if the defendant is
18 years of age or older, for observation and examination as the
court may designate for a period not to exceed 30 days. If the
defendant is under 18 years of age, upon filing of the notice,
the court, in its discretion, may order the defendant committed
to a secure intensive community inpatient facility designated by
the Oregon Health Authority for observation and examination as
the court may designate for a period not to exceed 30 days. If
the defendant objects to the examiner chosen by the state, the
court for good cause shown may direct the state to select a
different examiner.
SECTION 9. { + (1) Section 7 of this 2011 Act and the
amendments to ORS 161.309, 161.315, 161.327, 161.329, 161.365,
161.370 and 419C.524 by sections 1 to 6 and 8 of this 2011 Act
become operative on January 1, 2012.
(2) The Oregon Health Authority and the Psychiatric Security
Review Board may adopt rules or take any other action before the
operative date specified in subsection (1) of this section that
is necessary to enable the authority or the board to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
authority or the board by this 2011 Act. + }
SECTION 10. { + (1) The amendments to ORS 161.309, 161.315,
161.327, 161.329, 161.365 and 161.370 by sections 1, 2, 3, 5, 6
and 8 of this 2011 Act apply to prosecutions for conduct
occurring on or after January 1, 2012.
(2) The amendments to ORS 419C.524 by section 4 of this 2011
Act apply to juvenile adjudications for conduct occurring on or
after January 1, 2012. + }
SECTION 11. { + 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. + }
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