Bill Text: OR HB3204 | 2011 | Regular Session | Enrolled
Bill Title: Relating to sex offender reporting; and declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-08-02 - Chapter 675, (2011 Laws): Effective date August 2, 2011. [HB3204 Detail]
Download: Oregon-2011-HB3204-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3204
Sponsored by Representative THATCHER
CHAPTER ................
AN ACT
Relating to sex offender reporting; creating new provisions;
amending ORS 181.595, 181.596, 181.597 and 181.599 and sections
1 and 27, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408); repealing sections 3 and 4, chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 67), sections 36a and 36b, chapter ___,
Oregon Laws 2011 (Enrolled Senate Bill 68), and sections 11, 12
and 15, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
REPORTING BY SEX OFFENDERS + }
SECTION 1. ORS 181.595 is amended to read:
181.595. (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 a sex
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 a sex crime;
(B) Having been found guilty except for insanity of a sex
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 a sex 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 a sex 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
Enrolled House Bill 3204 (HB 3204-A) Page 1
would constitute a sex 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 to be responsible except for insanity under ORS
419C.411 for an act that would constitute a sex 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 a sex 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 - }
{ + , in the county to which the person was discharged, paroled
or released or in which the person was otherwise placed + }:
(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 a person required to report under this subsection
has complied with the initial reporting requirement under
paragraph (a)(A) of this subsection, the person shall
subsequently report, in person, in the circumstances specified in
paragraph (a) of this subsection, as applicable, to the
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence. + }
{ - (b) - } { + (c)(A) + } 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.
{ + (B) When a youth offender or young person reports to the
supervising agency as required under this paragraph, 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, in the county in which the supervising
agency is located, and to provide the supervising agency with
proof of registration. + }
{ - (c) - } { + (d) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
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 sex
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 { + , if the person is a youth
offender or young person, + } the supervising agency:
Enrolled House Bill 3204 (HB 3204-A) Page 2
(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 2. ORS 181.596 is amended to read:
181.596. (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 a sex
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 a sex
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 a sex crime;
(c) To { + or in + } this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; or
(d) To { + or 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 a sex
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 ORS
181.595 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 - }
{ + , in the county to which the person was discharged or
released or in which the person was placed on probation + }:
(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 a person required to report under this subsection
has complied with the initial reporting requirement under
paragraph (a)(A) of this subsection, the person shall
Enrolled House Bill 3204 (HB 3204-A) Page 3
subsequently report, in person, in the circumstances specified in
paragraph (a) of this subsection, as applicable, to the
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence. + }
{ - (b) - } { + (c)(A) + } If the person required to report
under this subsection is a youth offender, as defined in ORS
419A.004, who is under supervision, the person shall report to
the agency supervising the person.
{ + (B) When a youth offender reports to the supervising
agency as required under this paragraph, 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, in the county in which the supervising agency is located,
and to provide the supervising agency with proof of
registration. + }
{ - (c) - } { + (d) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
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 sex
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 { + , if the person is a youth
offender, + } 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. ORS 181.597 is amended to read:
181.597. (1)(a) When a person described in subsection
{ - (2) - } { + (6) + } of this section moves into this state
and is not otherwise required by ORS 181.595 or 181.596 to
report, the person shall report, in person, to the Department of
State Police { - , a city police department or a county
sheriff's office - } { + in Marion County, Oregon + }:
(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) If a person required to report under this subsection
has complied with the initial reporting requirement under
paragraph (a)(A) of this subsection, the person shall
subsequently report, in person, in the circumstances specified in
paragraph (a) of this subsection, as applicable, to the
Enrolled House Bill 3204 (HB 3204-A) Page 4
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence. + }
{ - (b) - } { + (2)(a) + }When a person described in
{ + ORS 181.595 (2) or 181.596 (2) or + } subsection
{ - (2) - } { + (6) + } of this section attends school or
works in this state, resides in another state and is not
otherwise required by ORS 181.595 or 181.596 to report, the
person shall report, in person, to the Department of State
Police, a city police department or a county sheriff's
office { + , in the county in which the school or place of work
is located, + } no later 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.
{ + (b) As used in this subsection, 'attends school' means
enrollment in any type of school on a full-time or part-time
basis. + }
{ - (c) - } { + (3)(a) + }When a person described in
subsection { - (2) - } { + (6) + } of this section resides in
this state at the time of the conviction or adjudication giving
rise to the obligation to report, continues to reside in this
state following the conviction or adjudication and is not
otherwise required by ORS 181.595 or 181.596 to report, the
person shall report, in person, to the Department of State Police
{ - , a city police department or a county sheriff's office - }
{ + in Marion, County, Oregon + }:
(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) As used in paragraph (b) of this subsection, 'attends
school' means enrollment in any type of school on a full-time or
part-time basis. - }
{ + (b) If a person required to report under this subsection
has complied with the applicable initial reporting requirement
under paragraph (a)(A) of this subsection, the person shall
subsequently report, in person, in the circumstances specified in
paragraph (a) of this subsection, as applicable, to the
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence. + }
{ - (e) - } { + (4) + } When a person reports under this
{ - subsection - } { + section + }, the agency to which the
person reports shall complete a sex offender registration form
concerning the person.
{ - (f) - } { + (5) + } The obligation to report under this
section terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
Enrolled House Bill 3204 (HB 3204-A) Page 5
{ - (2) - } { + (6) + } { - Subsection (1) - }
{ + Subsections (1) to (5) + } of this section { - applies - }
{ + apply + } to:
(a) A person convicted in another United States court of a
crime if the elements of the crime would constitute a sex 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 a sex crime if committed in this state by an
adult; and
(c) A person required to register in another state for having
committed a sex offense in that state regardless of whether the
crime would constitute a sex crime in this state.
{ - (3) - } { + (7) + } 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 sex
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
or the sheriff's office:
(A) Shall photograph the person when the person initially
reports under this section, each time the person reports annually
under subsection (1)(a)(C) { + or (3)(a)(C) + } of this section
and each time the person reports under subsection
{ - (1)(b)(B) - } { + (2)(a)(B) + } of 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. ORS 181.599 is amended to read:
181.599. (1) A person who is required to report as a sex
offender { - under - } { + in accordance with the applicable
provisions of + } ORS 181.595, 181.596 or 181.597 and who has
knowledge of the reporting requirement commits the crime of
failure to report as a sex 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 sex 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 tattoos.
{ + (2)(a) It is an affirmative defense to a charge of
failure to report under subsection (1)(d) of this section by a
person required to report under ORS 181.595 (3)(a)(B) or 181.596
(4)(a)(B) that the person reported, in person, within 10 days of
a change of residence to the Department of State Police, a city
police department or a county sheriff's office, in the county of
the person's new residence, if the person otherwise complied with
all reporting requirements.
Enrolled House Bill 3204 (HB 3204-A) Page 6
(b) It is an affirmative defense to a charge of failure to
report under subsection (1)(a) of this section by a person
required to report under ORS 181.597 (1)(a) that the person
reported, in person, to the Department of State Police, a city
police department or a county sheriff's office, in the county of
the person's new residence, within 10 days of moving into this
state.
(c) It is an affirmative defense to a charge of failure to
report under subsection (1) of this section by a person required
to report under ORS 181.597 (3) that the person reported, in
person, to the Department of State Police, a city police
department or a county sheriff's office, in the county of the
person's residence, if the person otherwise complied with all
reporting requirements. + }
{ - (2) - } { + (3)(a) + }Except as otherwise provided in
{ - subsection (3) of this section - } { + paragraph (b) of
this subsection + }, failure to report as a sex offender is a
Class A misdemeanor.
{ - (3) - } { + (b) + } Failure to report as a sex offender
is a Class C felony if the person violates:
{ - (a) - } { + (A) + } Subsection (1)(a) of this section;
or
{ - (b) - } { + (B) + } Subsection (1)(b), (c), (d) or (g)
of this section and the crime for which the person is required to
report is a felony.
(4) A person who fails to sign and return an address
verification form as required by ORS 181.598 (2) commits a
violation.
{ +
AMENDMENTS, INCLUDING CONFLICT AMENDMENTS, + }
{ +
IF SENATE BILL 408 BECOMES LAW + }
SECTION 5. If Senate Bill 408 becomes law, section 1, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), is amended to
read:
{ + Sec. 1. + } (1) Unless the juvenile court enters an order
under ORS 181.823 or 181.826 relieving a person of the obligation
to report as a sex offender, subsections (2) to (4) of this
section apply to a person:
(a) Who has been found to be within the jurisdiction of the
juvenile court under ORS 419C.005, or found by the juvenile court
to be responsible except for insanity under ORS 419C.411, for
having committed an act that if committed by an adult would
constitute a felony sex crime; or
(b) Who has been found in a juvenile adjudication in another
United States court to have committed an act while the person was
under 18 years of age that would constitute a felony sex crime if
committed in this state by an adult.
(2) A person described in subsection (1) of this section who
resides in this state shall make an initial report, in person, to
the Department of State Police, a city police department or a
county sheriff's office as follows:
(a) If, as a result of the juvenile adjudication for a felony
sex crime, the person is discharged, released or placed on
probation or any other form of supervised or conditional release
by the juvenile court, the person shall make the initial report
{ + in the county in which the person is discharged, released or
placed on probation or other form of supervised or conditional
Enrolled House Bill 3204 (HB 3204-A) Page 7
release, + } no later than 10 days after the date the person is
discharged, released or placed on probation or other form of
supervised or conditional release;
(b) If, as a result of the juvenile adjudication for a felony
sex crime, the person is confined in a correctional facility by
the juvenile court, the person shall make the initial report { +
in the county in which the person is discharged or otherwise
released from the facility, + }no later than 10 days after the
date the person is discharged or otherwise released from the
facility; or
(c) If the person is adjudicated for the act giving rise to the
obligation to report in another United States court and the
person is found to have committed an act that if committed by an
adult in this state would constitute:
(A) A Class A or Class B felony sex crime:
(i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report
{ + to the Department of State Police in Marion County,
Oregon, + } no later than 10 days after the date the person moves
into this state; or
(ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report { +
to the Department of State Police in Marion County, Oregon, + }
no later than 10 days after the date the person is discharged,
released or placed on probation or any other form of supervised
or conditional release by the other United States court or, if
the person is confined in a correctional facility by the other
United States court, no later than 10 days after the date the
person is discharged or otherwise released from the facility.
(B) A Class C felony sex crime:
(i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report
{ + to the Department of State Police in Marion County, Oregon,
+ }no later than six months after the date the person moves into
this state; or
(ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report
{ + to the Department of State Police in Marion County,
Oregon, + } no later than 10 days after the date the person is
discharged, released or placed on probation or any other form of
supervised or conditional release by the other United States
court or, if the person is confined in a correctional facility by
the other United States court, no later than 10 days after the
date the person is discharged or otherwise released from the
facility.
(3) After making the initial report described in subsection (2)
of this section, the person shall report, in person, to the
Department of State Police, a city police department or a county
sheriff's office { + , in the county of the person's last
reported residence + }:
(a) Within 10 days of a change of residence;
(b) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
(c) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(d) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(4) When a person described in subsection (1) of this section
attends school or works in this state, resides in another state
Enrolled House Bill 3204 (HB 3204-A) Page 8
and is not otherwise required to report as a sex offender under
this section or ORS 181.595, 181.596 or 181.597, the person shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office { + , in the
county in which the person attends school or works, + } no later
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.
(5) The agency to which a person reports under this section
shall complete a sex offender registration form concerning the
person when the person reports under this section.
(6) 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 sex
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
or the county sheriff's office:
(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.
(7) The obligation to report under this section is terminated
if the adjudication that gave rise to the obligation is reversed
or vacated.
(8) The court shall ensure that a person described in
subsection (1)(a) of this section completes a form that documents
the person's obligation to report under 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.
SECTION 6. { + If Senate Bill 408 becomes law, section 11,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.595), is repealed and ORS 181.595, as amended
by section 1 of this 2011 Act, is amended to read: + }
181.595. (1) The agency to which a person reports under
subsection (3) of this section shall complete a sex offender
registration form concerning the person when the person reports
under subsection (3) of this section.
(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 a sex crime; { + or + }
(B) Having been found guilty except for insanity of a sex
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 a sex crime; - }
Enrolled House Bill 3204 (HB 3204-A) Page 9
(b) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; { + or + }
{ - (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 a sex 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 to be responsible except for insanity under ORS
419C.411 for an act that would constitute a sex crime if
committed by an adult; or - }
{ - (e) - } { + (c) + } Is discharged by the court under
ORS 161.329 after having been found guilty except for insanity of
a sex 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, in the
county to which the person was discharged, paroled or released or
in which the person was otherwise placed:
(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 a person required to report under this subsection has
complied with the initial reporting requirement under paragraph
(a)(A) of this subsection, the person shall subsequently report,
in person, in the circumstances specified in paragraph (a) of
this subsection, as applicable, to the Department of State
Police, a city police department or a county sheriff's office, in
the county of the person's last reported residence.
{ - (c)(A) 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. - }
{ - (B) When a youth offender or young person reports to the
supervising agency as required under this paragraph, 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, in the county in which the supervising
agency is located, and to provide the supervising agency with
proof of registration. - }
{ - (d) - } { + (c) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
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 sex
offender registration form and sign the form as required; and
Enrolled House Bill 3204 (HB 3204-A) Page 10
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) The Department of State Police, the city police department
{ - , - } { + or + } the county sheriff's office { - or, if
the person is a youth offender or young person, 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 7. { + If Senate Bill 408 becomes law, section 12,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.596), is repealed and ORS 181.596, as amended
by section 2 of this 2011 Act, is amended to read: + }
181.596. (1) The agency to which a person reports under
subsection (4) of this section shall complete a sex offender
registration form concerning the person when the person reports
under subsection (4) of this section.
(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 a sex
crime; { + or + }
{ - (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 a sex
crime; - }
{ - (c) - } { + (b) + } To or in this state under ORS
144.610 after being convicted in another United States court of a
crime that would constitute a sex crime if committed in this
state { - ; or - } { + . + }
{ - (d) To or 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 a sex
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 ORS
181.595 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, in the
county to which the person was discharged or released or in which
the person was placed on probation:
(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.
Enrolled House Bill 3204 (HB 3204-A) Page 11
(b) If a person required to report under this subsection has
complied with the initial reporting requirement under paragraph
(a)(A) of this subsection, the person shall subsequently report,
in person, in the circumstances specified in paragraph (a) of
this subsection, as applicable, to the Department of State
Police, a city police department or a county sheriff's office, in
the county of the person's last reported residence.
{ - (c)(A) If the person required to report under this
subsection is a youth offender, as defined in ORS 419A.004, who
is under supervision, the person shall report to the agency
supervising the person. - }
{ - (B) When a youth offender reports to the supervising
agency as required under this paragraph, 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, in the county in which the supervising agency is located,
and to provide the supervising agency with proof of
registration. - }
{ - (d) - } { + (c) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
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 sex
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
{ - , - } { + or + } the county sheriff's office { - or, if
the person is a youth offender, 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 8. { + If Senate Bill 408 becomes law, section 15,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.599), is repealed and ORS 181.599, as amended
by section 4 of this 2011 Act, is amended to read: + }
181.599. (1) A person who is required to report as a sex
offender in accordance with the applicable provisions of ORS
181.595, 181.596 or 181.597 { + or section 1, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), + }and who has
knowledge of the reporting requirement commits the crime of
failure to report as a sex 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;
Enrolled House Bill 3204 (HB 3204-A) Page 12
(f) Fails to provide complete and accurate information;
(g) Fails to sign the sex 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 tattoos.
(2)(a) It is an affirmative defense to a charge of failure to
report under subsection (1)(d) of this section by a person
required to report under ORS 181.595 (3)(a)(B) or 181.596
(4)(a)(B) { + or section 1 (3)(a), chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), + } that the person reported, in
person, within 10 days of a change of residence to the Department
of State Police, a city police department or a county sheriff's
office, in the county of the person's new residence, if the
person otherwise complied with all reporting requirements.
(b) It is an affirmative defense to a charge of failure to
report under subsection (1)(a) of this section by a person
required to report under ORS 181.597 (1)(a) { + or section 1
(2)(c)(A)(i), chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), + } that the person reported, in person, to the Department
of State Police, a city police department or a county sheriff's
office, in the county of the person's new residence, within 10
days of moving into this state.
{ + (c) It is an affirmative defense to a charge of failure
to report under subsection (1)(a) of this section by a person
required to report under section 1 (2)(c)(B)(i), chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), that the person
reported, in person, to the Department of State Police, a city
police department or a county sheriff's office, in the county of
the person's new residence, within six months of moving into this
state. + }
{ - (c) - } { + (d) + } It is an affirmative defense to a
charge of failure to report under subsection (1) of this section
by a person required to report under ORS 181.597 (3) { + or
section 1 (2)(c)(A)(ii) or (B)(ii) or (3), chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), + } that the person
reported, in person, to the Department of State Police, a city
police department or a county sheriff's office, in the county of
the person's residence, if the person otherwise complied with all
reporting requirements.
(3)(a) Except as otherwise provided in paragraph (b) of this
subsection, failure to report as a sex offender is a Class A
misdemeanor.
(b) Failure to report as a sex offender is a Class C felony if
the person violates:
(A) Subsection (1)(a) of this section; or
(B) Subsection (1)(b), (c), (d) or (g) of this section and the
crime for which the person is required to report is a felony.
(4) A person who fails to sign and return an address
verification form as required by ORS 181.598 (2) commits a
violation.
SECTION 9. If Senate Bill 408 becomes law, section 27, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), is amended to
read:
{ + Sec. 27. + } (1) Sections 1 and 2 { - of this 2011
Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), + } and the amendments to ORS 93.275, 181.589,
181.590, 181.592, 181.594, 181.595, 181.596, 181.597, 181.598,
181.599, 181.602, 181.604, 181.606, 181.820, 181.823, 181.826,
181.830, 181.875, 417.042 and 696.880 by sections 3, 4 { + , + }
{ - and - } 7 { + to 10, 13, 14 and 16 + }to 24 { - of this
Enrolled House Bill 3204 (HB 3204-A) Page 13
2011 Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and sections 6 to 8 of this 2011 Act + } become
operative on January 1, 2012.
(2) Sections 1 and 2 { - of this 2011 Act - } { + , chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), + } and the
amendments to ORS 21.110, 93.275, 181.589, 181.590, 181.592,
181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.602,
181.604, 181.606, 181.820, 181.823, 181.826, 181.830, 181.875,
417.042 and 696.880 by sections 3 to { + 10, 13, 14 and 16
to + } 24 { - of this 2011 Act - } { + , chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and sections 6 to 8 of this
2011 Act + } apply to persons adjudicated before, on or after the
effective date of { - this 2011 Act - } { + chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408) + }.
(3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
{ - sections 11, 12 and 13 - } { + section 13, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), and sections 6 and 7
of this 2011 Act + }, would be required to make an initial report
as a sex offender on or after January 1, 2012, shall make an
initial report that complies with section 1 (6) { - of this
2011 Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408) + }, no later than the date described in section
1 (2) { - of this 2011 Act - } { + , chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408) + }, as applicable.
{ +
CONFLICT AMENDMENTS, IF BOTH SENATE BILL 408 AND + }
{ +
SENATE BILL 68 BECOME LAW + }
SECTION 10. { + If both Senate Bill 408 and Senate Bill 68
become law, sections 36a (amending ORS 181.596) and 36b (amending
section 27, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408)), chapter ___, Oregon Laws 2011 (Enrolled Senate Bill 68),
are repealed. + }
{ +
CONFLICT AMENDMENTS, IF BOTH SENATE BILL 408 AND + }
{ +
SENATE BILL 67 BECOME LAW + }
SECTION 11. { + If both Senate Bill 408 and Senate Bill 67
become law, sections 3 and 4, chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 67) (both amending section 27, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408)), are repealed and
section 27, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), as amended by section 9 of this 2011 Act, is amended to
read: + }
{ + Sec. 27. + } (1) Sections 1 and 2, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and the amendments to ORS
93.275, 181.589, 181.590, 181.592, 181.594, 181.595, 181.596,
181.597, 181.598, 181.599, 181.602, 181.604, 181.606, 181.820,
181.823, 181.826, 181.830, 181.875, 417.042 and 696.880 by
sections 3, 4, { + 7, + } { - to - } { + 8, + } 10, 13, 14
and 16 to 24, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), { + section 2, chapter ___, Oregon Laws 2011 (Enrolled
Senate Bill 67), + } and sections 6 to 8 of this 2011 Act become
operative on January 1, 2012.
Enrolled House Bill 3204 (HB 3204-A) Page 14
(2) Sections 1 and 2, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and the amendments to ORS 21.110, 93.275,
181.589, 181.590, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.602, 181.604, 181.606, 181.820, 181.823,
181.826, 181.830, 181.875, 417.042 and 696.880 by sections 3 to
{ + 8, + } 10, 13, 14 and 16 to 24, chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408), { + section 2, chapter ___,
Oregon Laws 2011 (Enrolled Senate Bill 67), + } and sections 6 to
8 of this 2011 Act apply to persons adjudicated before, on or
after the effective date of chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408).
(3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
section 13, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), and sections 9, 10 and 11 of this 2011 Act, would be
required to make an initial report as a sex offender on or after
January 1, 2012, shall make an initial report that complies with
section 1 (6), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), no later than the date described in section 1 (2),
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408), as
applicable.
{ +
CAPTIONS AND EMERGENCY CLAUSE + }
SECTION 12. { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
SECTION 13. { + 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. + }
----------
Passed by House May 3, 2011
Repassed by House June 21, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 16, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3204 (HB 3204-A) Page 15
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3204 (HB 3204-A) Page 16
