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 1058
House Bill 2941
Sponsored by Representative GELSER; Representatives BERGER,
BREWER, DEMBROW, DOHERTY, J SMITH, SPRENGER (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.
Creates defense to prostitution under certain circumstances for
person under 18 years of age.
Requires district attorney or juvenile department to file
dependency petition when person under 18 years of age engages in
certain prostitution activities. Authorizes placement of person
under 18 years of age in protective custody.
A BILL FOR AN ACT
Relating to juveniles; creating new provisions; and amending ORS
167.007, 419B.100 and 419B.150.
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.
{ + (3) It is a defense to a charge of violating subsection
(1)(a) of this section that the person who engaged in or offered
or agreed to engage in sexual conduct or sexual contact in return
for a fee was under 18 years of age at the time the offense is
alleged to have been committed. Nothing in this subsection alters
the criminal liability of any person other than the person under
18 years of age who is charged with violating subsection (1)(a)
of this section. + }
SECTION 2. { + If a district attorney or juvenile department
has reason to believe that a person under 18 years of age has
engaged in conduct described in ORS 167.007 (1)(a), the district
attorney or juvenile department shall file a petition alleging
that the person is within the jurisdiction of the juvenile court
under ORS 419B.100. + }
SECTION 3. ORS 419B.100 is amended to read:
419B.100. (1) Except as otherwise provided in subsection (6) of
this section and ORS 107.726, the juvenile court has exclusive
original jurisdiction in any case involving a person who is under
18 years of age and:
(a) Who is beyond the control of the person's parents, guardian
or other person having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the
person or of others;
(c) Whose condition or circumstances are such as to endanger
the welfare of the person or of others;
(d) Who is dependent for care and support on a public or
private child-caring agency that needs the services of the court
in planning for the best interest of the person;
(e) Whose parents or any other person or persons having custody
of the person have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education
required by law;
(C) Subjected the person to cruelty, depravity or unexplained
physical injury; or
(D) Failed to provide the person with the care, guidance and
protection necessary for the physical, mental or emotional
well-being of the person;
(f) Who has run away from the home of the person;
(g) Who has filed a petition for emancipation pursuant to ORS
419B.550 to 419B.558; { - or - }
(h) Who is subject to an order entered under ORS 419C.411
(7)(a) { - . - } { + ; or + }
{ + (i) Who has engaged in the conduct described in ORS
167.007 (1)(a). + }
(2) The court shall have jurisdiction under subsection (1) of
this section even though the child is receiving adequate care
from the person having physical custody of the child.
(3) The practice of a parent who chooses for the parent or the
child of the parent treatment by prayer or spiritual means alone
may not be construed as a failure to provide physical care within
the meaning of this chapter, but does not prevent a court of
competent jurisdiction from exercising that jurisdiction under
subsection (1)(c) of this section.
(4) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a child.
(5) The court does not have further jurisdiction as provided in
subsection { - (1) - } { + (1)(a) to (h) + } of this section
after a minor has been emancipated pursuant to ORS 419B.550 to
419B.558.
(6)(a) An Indian tribe has exclusive jurisdiction over any
child custody proceeding involving an Indian child who resides or
is domiciled within the reservation of the tribe, except where
the jurisdiction is otherwise vested in the state by existing
federal law.
(b) Upon the petition of either parent, the Indian custodian or
the Indian child's tribe, the juvenile court, absent good cause
to the contrary and absent objection by either parent, shall
transfer a proceeding for the foster care placement of, or
termination of parental rights to, an Indian child not domiciled
or residing within the reservation of the Indian child's tribe,
to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the
public acts, records and judicial proceedings of an Indian tribe
applicable to an Indian child custody proceeding to the same
extent that the juvenile court gives full faith and credit to the
public acts, records and judicial proceedings of any other
entity.
SECTION 4. ORS 419B.150 is amended to read:
419B.150. (1) A child may be taken into protective custody by a
peace officer, counselor, employee of the Department of Human
Services or any other person authorized by the juvenile court of
the county in which the child is found, in the following
circumstances:
(a) When the child's condition or surroundings reasonably
appear to be such as to jeopardize the child's welfare;
(b) When the juvenile court, by order indorsed on the summons
as provided in ORS 419B.839 or otherwise, has ordered that the
child be taken into protective custody; { - or - }
(c) When it reasonably appears that the child has run away from
home { - . - } { + ; or
(d) When the child has engaged in the conduct described in ORS
167.007 (1)(a). + }
(2)(a) Before issuing an order under subsection (1)(b) of this
section, the court shall review an affidavit sworn on information
and belief provided by a peace officer, counselor or employee of
the department or other person authorized by the juvenile court
that sets forth with particularity the facts and circumstances on
which the request for protective custody is based, why protective
custody is in the best interests of the child and the reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts made by the department to eliminate the need for
protective custody of the child.
(b) Except as provided in paragraph (c) of this subsection, an
order directing that a child be taken into protective custody
under subsection (1) of this section shall contain written
findings, including a brief description of the reasonable efforts
or, if the Indian Child Welfare Act applies, active efforts to
eliminate the need for protective custody of the child that the
department has made and why protective custody is in the best
interests of the child.
(c) The court may issue an order even though no services have
been provided if the court makes written findings that no
existing services could eliminate the need for protective custody
of the child and that protective custody is in the best interests
of the child.
(3) When a child is taken into protective custody as a runaway
under subsection (1) of this section, the peace officer or other
person who takes the child into custody:
(a)(A) Shall release the child without unnecessary delay to the
custody of the child's parent or guardian or to a shelter
facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the
juvenile court to provide such care and services; or
(B) Shall follow the procedures described in ORS 419B.160,
419B.165, 419B.168 and 419B.171;
(b) Shall, if possible, determine the preferences of the child
and the child's parent or guardian as to whether the best
interests of the child are better served by placement in a
shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated
by the juvenile court to provide such care and services or by
release to the child's parent or guardian; and
(c) Notwithstanding ORS 419B.165 and subsection (1) of this
section, shall release the child to a shelter facility that has
agreed to provide care and services to children who have run away
from home and that has been designated by the juvenile court to
provide such care and services if it reasonably appears that the
child would not willingly remain at home if released to the
child's parent or guardian.
{ + (4) When a child is taken into protective custody under
subsection (1)(d) of this section, the peace officer or other
person who takes the child into custody shall:
(a) Release the child without unnecessary delay to the custody
of a shelter facility that has agreed to provide care and
services to children who are victims of human trafficking and
that has been designated by the juvenile court to provide such
care and services; or
(b) Follow the procedures described in ORS 419B.160, 419B.165,
419B.168 and 419B.171. + }
SECTION 5. { + Section 2 of this 2011 Act and the amendments
to ORS 167.007, 419B.100 and 419B.150 by sections 1, 3 and 4 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
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