Bill Text: OR HB2699 | 2011 | Regular Session | Introduced
Bill Title: Relating to crime.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2699 Detail]
Download: Oregon-2011-HB2699-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 1476
House Bill 2699
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.
Modifies crime of prostitution.
Creates crime of patronizing a prostitute. Punishes by maximum
of one year's imprisonment, $6,250 fine, or both.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
12.117, 90.396, 105.555, 131.602, 133.724, 133.726, 167.007,
342.143 and 419B.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 167.007 is amended to read:
167.007. (1) A person commits the crime of prostitution if
{ - : - }
{ - (a) - } the person engages in { + , + } or offers or
agrees to engage in { + , + } sexual conduct or sexual contact in
return for a fee { + . + } { - ; or - }
{ - (b) The person pays or offers or agrees to pay a fee to
engage in sexual conduct or sexual contact. - }
(2) Prostitution is a Class A misdemeanor.
SECTION 2. { + Section 3 of this 2011 Act is added to and made
a part of ORS 167.007 to 167.017. + }
SECTION 3. { + (1) A person commits the crime of patronizing a
prostitute if the person pays, or offers or agrees to pay, a fee
to engage in sexual conduct or sexual contact.
(2) Patronizing a prostitute is a Class A misdemeanor. + }
SECTION 4. ORS 12.117 is amended to read:
12.117. (1) Notwithstanding ORS 12.110, 12.115 or 12.160, an
action based on conduct that constitutes child abuse or conduct
knowingly allowing, permitting or encouraging child abuse that
occurs while the person is under 18 years of age must be
commenced before the person attains 40 years of age, or if the
person has not discovered the causal connection between the
injury and the child abuse, nor in the exercise of reasonable
care should have discovered the causal connection between the
injury and the child abuse, not more than five years from the
date the person discovers or in the exercise of reasonable care
should have discovered the causal connection between the child
abuse and the injury, whichever period is longer.
(2) As used in subsection (1) of this section, 'child abuse'
means any of the following:
(a) Intentional conduct by an adult that results in:
(A) Any physical injury to a child; or
(B) Any mental injury to a child which results in observable
and substantial impairment of the child's mental or psychological
ability to function caused by cruelty to the child, with due
regard to the culture of the child;
(b) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163;
(c) Sexual abuse, as defined in ORS chapter 163, when the
victim is a child; or
(d) Sexual exploitation of a child, including but not limited
to:
(A) Conduct constituting violation of ORS 163.435 and any other
conduct which allows, employs, authorizes, permits, induces or
encourages a child to engage in the performing for people to
observe or the photographing, filming, tape recording or other
exhibition which, in whole or in part, depicts sexual conduct or
contact; and
(B) Allowing, permitting, encouraging or hiring a child to
engage in prostitution { + or to patronize a prostitute + }, as
defined in ORS chapter 167.
(3) Nothing in this section creates a new cause of action or
enlarges any existing cause of action.
SECTION 5. ORS 90.396 is amended to read:
90.396. (1) Except as provided in subsection (2) of this
section, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, the landlord may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens to inflict substantial personal injury,
or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
(b) The tenant or someone in the tenant's control recklessly
endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenant's control or the tenant's
pet inflicts any substantial personal injury upon a neighbor
living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
(e)(A) The tenant intentionally provided substantial false
information on the application for the tenancy within the past
year;
(B) The false information was with regard to a criminal
conviction of the tenant that would have been material to the
landlord's acceptance of the application; and
(C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; or
(f) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. For
purposes of this paragraph, an act is outrageous in the extreme
if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable
person in that community would consider to be so offensive as to
warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act
that warrants a 30-day termination under ORS 90.392. Acts that
are ' outrageous in the extreme' include, but are not limited to,
the following acts by a person:
(A) Prostitution { + , patronizing a prostitute + } or
{ - promotion of - } { + promoting + } prostitution, as
described in ORS 167.007 and 167.012 { + and section 3 of this
2011 Act + };
(B) Manufacture, delivery or possession of a controlled
substance, as described in ORS 475.005, but not including:
(i) The medical use of marijuana in compliance with ORS 475.300
to 475.346;
(ii) Possession of, or delivery for no consideration of, less
than one avoirdupois ounce of marijuana as described in ORS
475.860 (3) or 475.864 (3); or
(iii) Possession of prescription drugs;
(C) Intimidation, as described in ORS 166.155 and 166.165; or
(D) Burglary as described in ORS 164.215 and 164.225.
(2) If the cause for a termination notice given pursuant to
subsection (1) of this section is based upon the acts of the
tenant's pet, the tenant may cure the cause and avoid termination
of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of
the tenant to cure the cause. If the tenant returns the pet to
the premises at any time after having cured the violation, the
landlord, after at least 24 hours' written notice specifying the
subsequent presence of the offending pet, may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168. The tenant does not have a right to cure this
subsequent violation.
(3) For purposes of subsection (1) of this section, someone is
in the tenant's control if that person enters or remains on the
premises with the tenant's permission or consent after the tenant
reasonably knows or should know of that person's act or
likelihood to commit any act of the type described in subsection
(1) of this section.
(4) An act can be proven to be outrageous in the extreme even
if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection
(1)(f) of this section, the landlord's burden of proof in an
action for possession under subsection (1) of this section is the
civil standard of proof by a preponderance of the evidence.
(5) If a good faith effort by a landlord to terminate the
tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails
by decision of the court, the landlord may not be found in
violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or
forfeiture as long as the landlord continues to make a good faith
effort to terminate the tenancy.
SECTION 6. ORS 105.555 is amended to read:
105.555. (1) The following are declared to be nuisances and
shall be enjoined and abated as provided in ORS 105.550 to
105.600:
(a) Any place that, as a regular course of business, is used
for the purpose of prostitution and any place where acts of
prostitution { + or patronizing a prostitute + }occur;
(b) Any place that is used and maintained for profit and for
the purpose of gambling or a lottery, as defined in ORS 167.117,
by any person, partnership or corporation organized for profit
and wherein take place any of the acts or wherein are kept,
stored or located any of the games, devices or things that are
forbidden by or made punishable by ORS 167.108 to 167.164;
(c) Any place that has been determined to be not fit for use
under ORS 453.876 and that has not been decontaminated and
certified as fit for use under ORS 453.885 within 180 days after
the determination under ORS 453.876; and
(d) Any place where activity involving the unauthorized
delivery, manufacture or possession of a controlled substance, as
defined in ORS 475.005, occurs or any place wherein are kept,
stored or located any of the devices, equipment, things or
substances used for unauthorized delivery, manufacture or
possession of a controlled substance. As used in this paragraph,
' devices, equipment, things' does not include hypodermic
syringes or needles. This paragraph does not apply to acts that
constitute violations under ORS 475.860 or 475.864.
(2) Nothing in ORS 105.550 to 105.600, 166.715 and 167.158
applies to property to the extent that the devices, equipment,
things or substances that are used for delivery, manufacture or
possession of a controlled substance are kept, stored or located
in or on the property for the purpose of lawful sale or use of
these items.
SECTION 7. ORS 131.602 is amended to read:
131.602. The crimes to which ORS 131.550 (12)(b) applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.886.
(42)(a) Endangering aircraft in the first degree, as defined in
ORS 164.885.
(b) Endangering aircraft in the second degree, as defined in
ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
{ + (90) Patronizing a prostitute, as defined in section 3 of
this 2011 Act. + }
{ - (90) - } { + (91) + } Promoting prostitution, as
defined in ORS 167.012.
{ - (91) - } { + (92) + } Compelling prostitution, as
defined in ORS 167.017.
{ - (92) - } { + (93) + } Exhibiting an obscene performance
to a minor, as defined in ORS 167.075.
{ - (93) - } { + (94) + } Unlawful gambling in the second
degree, as defined in ORS 167.122.
{ - (94) - } { + (95) + } Unlawful gambling in the first
degree, as defined in ORS 167.127.
{ - (95) - } { + (96) + } Possession of gambling records in
the second degree, as defined in ORS 167.132.
{ - (96) - } { + (97) + } Possession of gambling records in
the first degree, as defined in ORS 167.137.
{ - (97) - } { + (98) + } Possession of a gambling device,
as defined in ORS 167.147.
{ - (98) - } { + (99) + } Possession of a gray machine, as
defined in ORS 167.164.
{ - (99) - } { + (100) + } Cheating, as defined in ORS
167.167.
{ - (100) - } { + (101) + } Tampering with drug records, as
defined in ORS 167.212.
{ - (101) - } { + (102) + } A violation of ORS 167.262.
{ - (102) - } { + (103) + } Research and animal
interference, as defined in ORS 167.312.
{ - (103) - } { + (104) + } Animal abuse in the first
degree, as defined in ORS 167.320.
{ - (104) - } { + (105) + } Aggravated animal abuse in the
first degree, as defined in ORS 167.322.
{ - (105) - } { + (106) + } Animal neglect in the first
degree, as defined in ORS 167.330.
{ - (106) - } { + (107) + } Interfering with an assistance,
a search and rescue or a therapy animal, as defined in ORS
167.352.
{ - (107) - } { + (108) + } Involvement in animal fighting,
as defined in ORS 167.355.
{ - (108) - } { + (109) + } Dogfighting, as defined in ORS
167.365.
{ - (109) - } { + (110) + } Participation in dogfighting,
as defined in ORS 167.370.
{ - (110) - } { + (111) + } Unauthorized use of a livestock
animal, as defined in ORS 167.385.
{ - (111) - } { + (112) + } Interference with livestock
production, as defined in ORS 167.388.
{ - (112) - } { + (113) + } A violation of ORS 167.390.
{ - (113) - } { + (114) + } Participation in cockfighting,
as defined in ORS 167.431.
{ - (114) - } { + (115) + } A violation of ORS 471.410.
{ - (115) - } { + (116) + } Failure to report missing
precursor substances, as defined in ORS 475.955.
{ - (116) - } { + (117) + } Illegally selling drug
equipment, as defined in ORS 475.960.
{ - (117) - } { + (118) + } Providing false information on
a precursor substances report, as defined in ORS 475.965.
{ - (118) - } { + (119) + } Unlawful delivery of an
imitation controlled substance, as defined in ORS 475.912.
{ - (119) - } { + (120) + } A violation of ORS 475.840, if
it is a felony or a Class A misdemeanor.
{ - (120) - } { + (121) + } A violation of ORS 475.914, if
it is a felony or a Class A misdemeanor.
{ - (121) - } { + (122) + } A violation of ORS 475.916.
{ - (122) - } { + (123) + } A violation of ORS 475.906, if
it is a felony or a Class A misdemeanor.
{ - (123) - } { + (124) + } A violation of ORS 475.904.
{ - (124) - } { + (125) + } Misuse of an identification
card, as defined in ORS 807.430.
{ - (125) - } { + (126) + } Unlawful production of
identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
{ - (126) - } { + (127) + } Transfer of documents for the
purposes of misrepresentation, as defined in ORS 807.510.
{ - (127) - } { + (128) + } Using an invalid license, as
defined in ORS 807.580.
{ - (128) - } { + (129) + } Permitting misuse of a license,
as defined in ORS 807.590.
{ - (129) - } { + (130) + } Using another's license, as
defined in ORS 807.600.
{ - (130) - } { + (131) + } Criminal driving while
suspended or revoked, as defined in ORS 811.182, when it is a
felony.
{ - (131) - } { + (132) + } Driving while under the
influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
{ - (132) - } { + (133) + } Unlawful distribution of
cigarettes, as defined in ORS 323.482.
{ - (133) - } { + (134) + } Unlawful distribution of
tobacco products, as defined in ORS 323.632.
{ - (134) - } { + (135) + } A violation of ORS 180.440 (2)
or 180.486 (2).
{ - (135) - } { + (136) + } A violation described in ORS
475.846 to 475.894, if it is a felony.
{ - (136) - } { + (137) + } Subjecting another person to
involuntary servitude in the first degree, as defined in ORS
163.264.
{ - (137) - } { + (138) + } Subjecting another person to
involuntary servitude in the second degree, as defined in ORS
163.263.
{ - (138) - } { + (139) + } Trafficking in persons, as
defined in ORS 163.266.
{ - (139) - } { + (140) + } Furnishing sexually explicit
material to a child, as defined in ORS 167.054.
{ - (140) - } { + (141) + } Luring a minor, as defined in
ORS 167.057.
{ - (141) - } { + (142) + } Online sexual corruption of a
child in the second degree, as defined in ORS 163.432.
{ - (142) - } { + (143) + } Online sexual corruption of a
child in the first degree, as defined in ORS 163.433.
{ - (143) - } { + (144) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (142) - } { + (143) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 8. ORS 133.724 is amended to read:
133.724. (1) An ex parte order for the interception of wire,
electronic or oral communications may be issued by any circuit
court judge upon written application made upon oath or
affirmation of the individual who is the district attorney or a
deputy district attorney authorized by the district attorney for
the county in which the order is sought. The application shall
include:
(a) The name of the district attorney or the deputy district
attorney making the application and the authority of the district
attorney or the deputy district attorney to make the application;
(b) The identity of the investigative or law enforcement
officer making the application and the officer authorizing the
application;
(c) A statement demonstrating that there is probable cause to
believe that an individual is committing, has committed or is
about to commit:
(A) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and
punishable as a felony;
(B) A crime punishable as a felony under ORS 166.720, 475.840,
475.846 to 475.894 or 475.904 to 475.910 or as a misdemeanor
under ORS 167.007 { + or section 3 of this 2011 Act + }; or
(C) Any conspiracy to commit any of the foregoing crimes;
(d) A statement of the details, if known, of the particular
crime alleged under paragraph (c) of this subsection;
(e) A particular description of the nature and location of the
facilities from which or the place where the wire, electronic or
oral communication is to be intercepted, if known;
(f) A particular description of the type of wire, electronic or
oral communication sought to be intercepted;
(g) The identity of the person, if known, suspected of
committing the crime and whose wire, electronic or oral
communications are to be intercepted;
(h) A full and complete statement as to whether or not other
investigative procedures have been tried and failed or why other
investigative procedures reasonably appear to be unlikely to
succeed if tried or are likely to be too dangerous;
(i) A statement of the period of time for which the
interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception
should not automatically terminate when the described type of
wire, electronic or oral communication has been first obtained, a
description of facts establishing probable cause to believe that
additional communications of the same type will occur thereafter;
(j) A statement as to whether any prior application has been
made to intercept wire, electronic or oral communications from
the same person and, if such prior application exists, a
statement of the current status of that application; and
(k) Where the application is for the extension of an existing
order, a statement setting forth the results thus far obtained
from the interception, or a reasonable explanation of the failure
to obtain such results.
(2) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(3) Upon examination of such application and evidence the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving interception of wire, electronic or oral
communications within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause for belief that an individual is
committing, has committed or is about to commit a particular
crime described in subsection (1)(c) of this section;
(b) There is probable cause for belief that particular
communications concerning that crime will be obtained through
such interception;
(c) Normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous; and
(d) There is probable cause for belief that the facilities from
which, or the place where, the wire, electronic or oral
communications to be intercepted are being used, or are about to
be used, in connection with the planning or the commission of
that crime are open to the public or are owned by, leased to,
listed in the name of, or commonly used by the individual
suspected.
(4) Each order authorizing or approving the interception of any
wire, electronic or oral communication shall specify:
(a) The identity of the person, if known, whose communications
are to be intercepted;
(b) The nature and location of the communications facilities as
to which, or the place where, authority to intercept is granted;
(c) A particular description of the type of communication
sought to be intercepted, and a statement of the particular crime
to which it relates;
(d) The identity of the agency authorized to intercept the
communications and of the person authorizing the application;
(e) The period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained; and
(f) The name of the applicant, date of issuance, and the
signature and title of the issuing judge.
(5) An order entered pursuant to this section may not authorize
or approve the interception of any wire, electronic or oral
communication for any period longer than is necessary to achieve
the objective of authorization and in no event for longer than 30
days. Extensions of any order may be granted, but only when
application for an extension is made in accordance with
subsection (1)(k) of this section and the court makes the
findings required by subsection (3) of this section. The period
of extension shall be no longer than the authorizing judge deems
necessary to achieve the purpose for which it is granted and in
no event for longer than 30 days. Every order and extension of
that order shall contain a provision that the authorization to
intercept must be executed as soon as practicable, must be
conducted in such a way as to minimize the interception of
communications not otherwise subject to interception, and must
terminate upon attainment of the authorized objective, or in any
event in 30 days.
(6) Whenever an order authorizing interception is entered
pursuant to this section, the order may require reports to be
made to the judge who issued the order showing what progress has
been made toward achievement of the authorized objective and the
need for continued interception. Such reports shall be made at
such intervals as the judge may require.
SECTION 9. ORS 133.726 is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that:
(A) There is probable cause to believe that a person whose oral
communication is to be intercepted is engaged in committing, has
committed or is about to commit a particular felony, or a
misdemeanor under ORS 167.007 { + or section 3 of this 2011
Act + }, and that intercepting the oral communication will yield
evidence thereof; or
(B)(i) There is reasonable suspicion to believe that a person
whose oral communication is to be intercepted is engaged in
committing, has committed or is about to commit a crime;
(ii) There is reasonable suspicion to believe that the
circumstances in which the oral communication is to be
intercepted present a substantial risk of death, serious physical
injury or sexual assault to a law enforcement officer or a person
under the direct supervision of the officer;
(iii) Interception of the oral communication is necessary to
protect the safety of the person who may be endangered; and
(iv) Other investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous; and
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a)(A) There is probable cause to believe that a person is
engaged in committing, has committed or is about to commit a
particular felony, or a misdemeanor under ORS 167.007 { + or
section 3 of this 2011 Act + }; and
(B) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime; or
(b)(A) There is reasonable suspicion to believe that a person
whose oral communication is to be intercepted is engaged in
committing, has committed or is about to commit a crime;
(B) There is reasonable suspicion to believe that the
circumstances in which the oral communication is to be
intercepted present a substantial risk of death, serious physical
injury or sexual assault to a law enforcement officer or a person
under the direct supervision of the officer;
(C) Interception of the oral communication is necessary to
protect the safety of the person who may be endangered; and
(D) Other investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.840, 475.846
to 475.894 or 475.904 to 475.910 or as a misdemeanor under ORS
167.007 { + or section 3 of this 2011 Act + }; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer ' means
an officer employed by the United States, this state or a
municipal government within this state, or a political
subdivision, agency, department or bureau of those governments,
to enforce criminal laws.
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 10. ORS 133.726, as amended by section 3, chapter 442,
Oregon Laws 2007, is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS
167.007 { + or section 3 of this 2011 Act + }, and that
intercepting the oral communication will yield evidence thereof;
and
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007 { + or section 3 of
this 2011 Act + }; and
(b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.840, 475.846
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 { +
or section 3 of this 2011 Act + }; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer ' means
an officer employed by the United States, this state or a
municipal government within this state, or a political
subdivision, agency, department or bureau of those governments,
to enforce criminal laws.
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 11. ORS 342.143 is amended to read:
342.143. (1) No teaching, personnel service or administrative
license shall be issued to any person until the person has
attained the age of 18 years and has furnished satisfactory
evidence of proper educational training.
(2) The Teacher Standards and Practices Commission may require
an applicant for a teaching, personnel service or administrative
license or for registration as a public charter school teacher or
administrator to furnish evidence satisfactory to the commission
of good moral character, mental and physical health, and such
other evidence as it may deem necessary to establish the
applicant's fitness to serve as a teacher or administrator.
(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section:
(a) No teaching, personnel service or administrative license or
registration as a public charter school teacher or administrator
shall be issued to any person who:
(A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.432, 163.433, 163.435, 163.445, 163.465, 163.515, 163.525,
163.547, 163.575, 163.670, 163.675 (1985 Replacement Part),
163.680 (1993 Edition), 163.684, 163.686, 163.687, 163.688,
163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012,
167.017, 167.054, 167.057, 167.062, 167.075, 167.080, 167.090,
475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4),
475.868, 475.872, 475.878, 475.880, 475.882, 475.888, 475.890,
475.892, 475.904 or 475.906 { + or section 3 of this 2011
Act + }.
(B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph.
(C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by rule, to any of the
crimes listed in subparagraphs (A) and (B) of this paragraph.
(D) Has had a teaching, personnel service or administrative
license or registration revoked in another jurisdiction for a
reason that is substantially equivalent, as defined by rule, to a
reason described in ORS 342.175 and the revocation is not subject
to further appeal. A person whose privilege to apply for a
license or registration is denied under this subparagraph may
apply for reinstatement of the privilege as provided in ORS
342.175 (4).
(b) The Teacher Standards and Practices Commission may refuse
to issue a license or registration to any person who has been
convicted of a crime involving the illegal use, sale or
possession of controlled substances.
(4) In denying the issuance of a license or registration under
this section, the commission shall follow the procedure set forth
in ORS 342.176 and 342.177.
(5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
SECTION 12. ORS 419B.005, as amended by section 4, chapter 60,
Oregon Laws 2010, is amended to read:
419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
(D) Sexual abuse, as described in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution { + or to patronize a prostitute + }, as
defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
(J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(e) Employee of the Department of Human Services, Oregon Health
Authority, State Commission on Children and Families, Child Care
Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health
program, a community developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol
and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical technician.
(q) A court appointed special advocate, as defined in ORS
419A.004.
(r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
(x) Pharmacist.
(y) An operator of a preschool recorded program under ORS
657A.255.
(z) An operator of a school-age recorded program under ORS
657A.257.
(aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
SECTION 13. { + Section 3 of this 2011 Act and the amendments
to ORS 12.117, 90.396, 105.555, 131.602, 133.724, 133.726,
167.007, 342.143 and 419B.005 by sections 1 and 4 to 12 of this
2011 Act apply to conduct occurring on or after the effective
date of this 2011 Act. + }
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