Bill Text: OR HB2742 | 2011 | Regular Session | Introduced

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Bill Title: Relating to crime; appropriating money.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2742 Detail]

Download: Oregon-2011-HB2742-Introduced.html

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     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 1890

                         House Bill 2742

Sponsored by Representative BOONE (Presession filed.)

                             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 persons who commit certain crimes against animals to
register with law enforcement agencies. Authorizes disclosure of
registration information via electronic or other means.
  Creates crime of failure to report as animal offender.
Punishes by maximum of five years' imprisonment, $125,000 fine,
or both.

                        A BILL FOR AN ACT
Relating to crime; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 8 of this 2011 Act:
  (1) 'Animal crime' means:
  (a) Animal abuse in the first degree as defined in ORS 167.320;
  (b) Aggravated animal abuse in the first degree as defined in
ORS 167.322;
  (c) Assaulting a law enforcement animal as defined in ORS
167.339;
  (d) Involvement in animal fighting as defined in ORS 167.355;
  (e) Dogfighting as defined in ORS 167.365;
  (f) Participation in dogfighting as defined in ORS 167.370;
  (g) Possessing dogfighting paraphernalia as defined in ORS
167.372;
  (h) Cockfighting as defined in ORS 167.428;
  (i) Participation in cockfighting as defined in ORS 167.431; or
  (j) An attempt to commit a crime described in paragraphs (a) to
(i) of this subsection.
  (2) 'Another United States court,' 'attends,' 'carries on a
vocation,' 'correctional facility,' 'institution of higher
education' and 'works' have the meanings given those terms in ORS
181.594. + }
  SECTION 2.  { + (1)(a) Except as otherwise provided in
paragraph (b) of this subsection, the agency to which a person
reports under subsection (3) of this section shall complete an
animal offender registration form concerning the person when the
person reports under subsection (3) of this section.
  (b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
city police department or a county sheriff's office and provide
the supervising agency with proof of the completed registration.
  (2) Subsection (3) of this section applies to a person who:
  (a) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
  (A) Conviction of an animal crime;
  (B) Having been found guilty except for insanity of an animal
crime; or
  (C) Having been found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute an animal crime;
  (b) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute an animal crime if committed in this state;
  (c) Is paroled to or otherwise placed in this state after
having been found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute an animal crime if committed in this state by an
adult;
  (d) Is discharged or placed on conditional release by the
juvenile panel of the Psychiatric Security Review Board after
having been found responsible except for insanity under ORS
419C.411 for an act that would constitute an animal crime if
committed by an adult; or
  (e) Is discharged by the court under ORS 161.329 after having
been found guilty except for insanity of an animal crime.
  (3)(a) A person described in subsection (2) of this section
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office or, if the
person is under supervision, to the supervising agency:
  (A) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional
release;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (b) If the person required to report under this subsection is a
youth offender or young person, as defined in ORS 419A.004, who
is under supervision, the person shall report to the agency
supervising the person.
  (c) The obligation to report under this subsection terminates
if the conviction giving rise to the obligation is reversed or
vacated or if the registrant is pardoned.
  (4) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the animal
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department,
the county sheriff's office or the supervising agency:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification. + }

  SECTION 3.  { + (1)(a) Except as otherwise provided in
paragraph (b) of this subsection, the agency to which a person
reports under subsection (4) of this section shall complete an
animal offender registration form concerning the person when the
person reports under subsection (4) of this section.
  (b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
city police department or a county sheriff's office and provide
the supervising agency with proof of the completed registration.
  (2) Subsection (4) of this section applies to a person who is
discharged, released or placed on probation:
  (a) By the court after being convicted in this state of an
animal crime;
  (b) By the juvenile court after being found to be within the
jurisdiction of the juvenile court for having committed an act
that if committed by an adult would constitute an animal crime;
  (c) To this state under ORS 144.610 after being convicted in
another United States court of a crime that would constitute an
animal crime if committed in this state; or
  (d) To this state after having been found by another United
States court to have committed an act while the person was under
18 years of age that would constitute an animal crime if
committed in this state by an adult.
  (3) The court shall ensure that the person completes a form
that documents the person's obligation to report under section 2
of this 2011 Act or this section. No later than three working
days after the person completes the form required by this
subsection, the court shall ensure that the form is sent to the
Department of State Police.
  (4)(a) A person described in subsection (2) of this section
shall report in person, to the Department of State Police, a city
police department or a county sheriff's office or, if the person
is under supervision, to the supervising agency:
  (A) Within 10 days following discharge, release or placement on
probation;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (b) If the person required to report under this subsection is a
youth offender or young person, as defined in ORS 419A.004, who
is under supervision, the person shall report to the agency
supervising the person.
  (c) The obligation to report under this section terminates if
the conviction giving rise to the obligation is reversed or
vacated or if the registrant is pardoned.
  (5) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the animal
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department,
the county sheriff's office or the supervising agency:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification. + }
  SECTION 4. { +  (1)(a) When a person described in subsection
(2) of this section moves into this state and is not otherwise
required by section 2 or 3 of this 2011 Act to report, the person
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office:
  (A) No later than 10 days after moving into this state;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (b) When a person described in subsection (2) of this section
attends school or works in this state, resides in another state
and is not otherwise required by section 2 or 3 of this 2011 Act
to report, the person shall report, in person, to the Department
of State Police, a city police department or a county sheriff's
office no late than 10 days after:
  (A) The first day of school attendance or the 14th day of
employment in this state; and
  (B) A change in school enrollment or employment.
  (c) When a person described in subsection (2) of this section
resides in this state at the time of the conviction or finding
giving rise to the obligation to report, continues to reside in
this state following the conviction or finding and is not
otherwise required by section 2 or 3 of this 2011 Act to report,
the person shall report, in person, to the Department of State
Police, a city police department or a county sheriff's office:
  (A) Within 10 days following:
  (i) Discharge, release on parole or release on any form of
supervised or conditional release, from a jail, prison or other
correctional facility or detention facility; or
  (ii) Discharge, release or placement on probation, by another
United States court;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person has changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (d) When a person reports under this section, the agency to
which the person reports shall complete an animal offender
registration form concerning the person.
  (e) The obligation to report under this section terminates if
the conviction or finding that gave rise to the obligation to
report is reversed or vacated or if the registrant is pardoned.
  (2) Subsection (1) of this section applies to:
  (a) A person convicted in another United States court of a
crime if the elements of the crime would constitute an animal
crime;
  (b) A person found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute an animal crime if committed in this state by an
adult; and
  (c) A person required to register in another state for having
committed an animal crime in that state regardless of whether the
crime would constitute an animal crime in this state.
  (3) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the animal
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department,
the county sheriff's office or the supervising agency:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification. + }
  SECTION 5.  { + (1) A person who is required to report as an
animal offender under section 2, 3 or 4 of this 2011 Act and who
has knowledge of the reporting requirement, commits the crime of
failure to report as an animal offender if the person:
  (a) Fails to make the initial report to an agency;
  (b) Fails to report when the person works at, carries on a
vocation at or attends an institution of higher education;
  (c) Fails to report following a change of school enrollment or
employment status, including enrollment, employment or vocation
status at an institution of higher education;
  (d) Moves to a new residence and fails to report the move and
the person's new address;
  (e) Fails to make an annual report;
  (f) Fails to provide complete and accurate information;
  (g) Fails to sign the animal offender registration form as
required; or
  (h) Fails to submit to fingerprinting or to having a photograph
taken of the person's face, identifying scars, marks or other
tattoos.
  (2) Except as otherwise provided in subsection (3) of this
section, failure to report as an animal offender is a Class C
felony.
  (3) Failure to report as an animal offender is a Class A
misdemeanor if the person violates subsection (1)(e) or (f) of
this section. + }
  SECTION 6.  { + (1) Agencies required to register offenders
under sections 2, 3 and 4 of this 2011 Act shall use forms
provided by the Department of State Police. The department shall
include places on the form to list all the names used by the
offender. No later than three working days after registration,
the agency or official completing the form shall:
  (a) Send the original copy of the registration form to the
department; or
  (b) Forward the registration information to the department by
any means and, within 10 working days after registration, send
the original copy of the registration form to the department.
  (2) The department shall assess a person who is required to
report under section 2, 3 or 4 of this 2011 Act and who is not
under supervision, a fee of $70 each year. Moneys received by the
department under this section are continuously appropriated to
the department for the purpose of carrying out the department's
duties under sections 1 to 8 of this 2011 Act. + }
  SECTION 7.  { + (1) The Department of State Police shall enter
into the Law Enforcement Data System the animal offender
information obtained from the animal offender registration form
submitted under sections 2, 3 and 4 of this 2011 Act. The
department shall remove from the Law Enforcement Data System the
animal offender information obtained from the animal offender
registration form submitted under section 2, 3 or 4 of this 2011
Act if the conviction or adjudication that gave rise to the
registration obligation is reversed or vacated or if the
registrant is pardoned.
  (2)(a) When a person is under supervision for the first time as
a result of a conviction for an animal crime, the department, a
city police department or a county sheriff's office shall
release, upon request, only the following information about the
animal offender:
  (A) The animal offender's name and date of birth;
  (B) A physical description of the animal offender and a
photograph, if applicable;
  (C) The name and zip code of the city where the animal offender
resides;
  (D) The name and telephone number of a contact person at the
agency that is supervising the animal offender; and
  (E) The name of institutions of higher education that the
animal offender attends or at which the animal offender works or
carries on a vocation.
  (b) Notwithstanding paragraph (a) of this subsection, if the
animal offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of
State Police, city police department or county sheriff's office
shall release only:
  (A) The animal offender's name and year of birth;
  (B) The name and zip code of the city where the animal offender
resides;
  (C) The name and telephone number of a contact person at the
agency that is supervising the animal offender; and
  (D) The name of institutions of higher education that the
animal offender attends or at which the animal offender works or
carries on a vocation.
  (c) An agency that supervises an animal offender shall release,
upon request, any information that may be necessary to protect
the public concerning the animal offender.
  (3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the
first time as animal offenders, the Department of State Police,
city police department or a county sheriff's office shall
release, upon request, any information that may be necessary to
protect the public concerning animal offenders who reside in a
specific area or concerning a specific animal offender.
  (4) The department may make the information described in
subsections (2) and (3) of this section available to the public,
without the need for a request, by electronic or other means. The
department shall make information about a person who is under
supervision for the first time as a result of a conviction for an
offense that requires reporting as an animal offender accessible
only by the use of the animal offender's name. For all other
animal offenders, the department may make the information
accessible in any manner the department chooses. + }
  SECTION 8.  { + (1) The purpose of sections 1 to 8 of this 2011
Act is to assist law enforcement agencies in preventing future
animal offenses.
  (2) When the court imposes sentence upon a person convicted of
an animal crime, the court shall notify the person of the
requirement to report as an animal offender under sections 2 and
3 of this 2011 Act.
  (3) At the initial intake for incarceration or release on any
type of supervised release, the animal offender shall complete a
form that documents the offender's obligation to report under
section 2 or 3 of this 2011 Act. The Department of State Police
shall develop and provide the form. No later than three working
days after the animal offender completes the form, the person
responsible for the intake process shall send the form to the
Department of State Police.
  (4) When the Department of State Police learns that a person
required to report under section 2, 3 or 4 of this 2011 Act is
moving to another state, the department shall notify the
appropriate criminal justice agency of that state, if any, of
that fact. The department is not responsible for registering and
tracking a person once the person has moved from this state.
  (5) A public agency and its employees are immune from
liability, both civil and criminal, for the good faith
performance of the agency's or the employee's duties under
sections 1 to 8 of this 2011 Act. + }
  SECTION 9.  { + Sections 1 to 8 of this 2011 Act apply to
persons convicted of an animal crime before, on or after the
effective date of this 2011 Act. + }
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