Bill Text: OR HB3323 | 2011 | Regular Session | Enrolled
Bill Title: Relating to crime; and declaring an emergency.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2011-08-02 - Chapter 681, (2011 Laws): Effective date August 2, 2011. [HB3323 Detail]
Download: Oregon-2011-HB3323-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3323
Sponsored by Representatives BARKER, MATTHEWS (at the request of
Department of Justice)
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; amending ORS 131.125,
131.602, 161.005, 166.715, 167.051, 167.057, 342.143 and
443.004; repealing ORS 167.054; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 167.051 is amended to read:
167.051. As used in ORS { - 167.054 and - } 167.057:
{ - (1) 'Child' means a person under 13 years of age. - }
{ - (2) - } { + (1) + } 'Furnishes' means to sell, give,
rent, loan or otherwise provide.
{ - (3) - } { + (2) + } 'Minor' means a person under 18
years of age.
{ - (4) - } { + (3) + } 'Sexual conduct' means:
(a) Human masturbation or sexual intercourse;
(b) Genital-genital, oral-genital, anal-genital or oral-anal
contact, whether between persons of the same or opposite sex or
between humans and animals;
(c) Penetration of the vagina or rectum by any object other
than as part of a medical diagnosis or as part of a personal
hygiene practice; or
(d) Touching of the genitals, pubic areas or buttocks of the
human male or female or of the breasts of the human female.
{ - (5) 'Sexually explicit material' means material
containing visual images of: - }
{ - (a) Human masturbation or sexual intercourse; - }
{ - (b) Genital-genital, oral-genital, anal-genital or
oral-anal contact, whether between persons of the same or
opposite sex or between humans and animals; or - }
{ - (c) Penetration of the vagina or rectum by any object
other than as part of a personal hygiene practice. - }
SECTION 2. ORS 167.057 is amended to read:
167.057. (1) A person commits the crime of luring a minor if
the person { - : - }
{ - (a) - } furnishes to, or uses with, a minor a visual
representation or explicit verbal description or narrative
account of sexual conduct { - ; and - }
{ - (b) Furnishes or uses the representation, description or
account for the purpose of: - }
{ - (A) Arousing or satisfying the sexual desires of the
person or the minor; or - }
{ - (B) - } { + for the purpose of + } inducing the minor
to engage in sexual conduct.
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(2) A person is not liable to prosecution for violating
subsection (1) of this section if the person furnishes or uses a
representation, description or account of sexual conduct that
forms merely an incidental part of an otherwise nonoffending
whole and serves some purpose other than titillation.
(3) In a prosecution under subsection (1) of this section, it
is an affirmative defense:
(a) That the representation, description or account was
furnished or used for the purpose of psychological or medical
treatment and was furnished by a treatment provider or by another
person acting on behalf of the treatment provider;
(b) That the defendant had reasonable cause to believe that the
person to whom the representation, description or account was
furnished or with whom the representation, description or account
was used was not a minor; or
(c) That the defendant was less than three years older than the
minor at the time of the alleged offense.
(4) In a prosecution under subsection (1) of this section, it
is not a defense that the person to whom the representation,
description or account was furnished or with whom the
representation, description or account was used was not a minor
but was a law enforcement officer posing as a minor.
(5) Luring a minor is a Class C felony.
SECTION 3. ORS 131.125 is amended to read:
131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
(2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 30 years of age or within 12
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
(a) Criminal mistreatment in the first degree under ORS
163.205.
(b) Rape in the third degree under ORS 163.355.
(c) Rape in the second degree under ORS 163.365.
(d) Rape in the first degree under ORS 163.375.
(e) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Sodomy in the first degree under ORS 163.405.
(h) Unlawful sexual penetration in the second degree under ORS
163.408.
(i) Unlawful sexual penetration in the first degree under ORS
163.411.
(j) Sexual abuse in the second degree under ORS 163.425.
(k) Sexual abuse in the first degree under ORS 163.427.
(L) Using a child in a display of sexual conduct under ORS
163.670.
(m) Encouraging child sexual abuse in the first degree under
ORS 163.684.
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS 167.012.
(p) Compelling prostitution under ORS 167.017.
(q) Luring a minor under ORS 167.057.
(3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
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if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
(a) Sexual abuse in the third degree under ORS 163.415.
{ - (b) Furnishing sexually explicit material to a child
under ORS 167.054. - }
{ - (c) - } { + (b) + } Exhibiting an obscene performance
to a minor under ORS 167.075.
{ - (d) - } { + (c) + } Displaying obscene materials to
minors under ORS 167.080.
(4) In the case of crimes described in subsection (2)(L) of
this section, the victim is the child engaged in sexual conduct.
In the case of the crime described in subsection (2)(n) of this
section, the victim is the party to the incest other than the
party being prosecuted. In the case of crimes described in
subsection (2)(o) and (p) of this section, the victim is the
child whose acts of prostitution are promoted or compelled.
(5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
(6) Except as provided in subsection (7) of this section or as
otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(7) If the period prescribed in subsection (6) of this section
has expired, a prosecution nevertheless may be commenced as
follows:
(a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
(b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
(c) If the offense is an invasion of personal privacy under ORS
163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense,
by a person who has a legal duty to represent the person
aggrieved by the offense or by a law enforcement agency, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years.
(8) Notwithstanding subsection (2) of this section, if the
defendant is identified after the period described in subsection
(2) of this section on the basis of DNA (deoxyribonucleic acid)
sample comparisons, a prosecution for:
(a) Rape in the first degree, sodomy in the first degree,
unlawful sexual penetration in the first degree or sexual abuse
in the first degree may be commenced at any time after the
commission of the crime.
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(b) Rape in the second degree, sodomy in the second degree or
unlawful sexual penetration in the second degree may be commenced
within 25 years after the commission of the crime.
(9) Notwithstanding subsection (8) of this section, if a
prosecution for a felony listed in subsection (8) of this section
would otherwise be barred by subsection (2) of this section, the
prosecution must be commenced within two years of the DNA-based
identification of the defendant.
SECTION 4. 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.
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(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.
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(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) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
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(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) Participation in cockfighting, as defined in ORS 167.431.
(114) A violation of ORS 471.410.
(115) Failure to report missing precursor substances, as
defined in ORS 475.955.
(116) Illegally selling drug equipment, as defined in ORS
475.960.
(117) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(118) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
(119) A violation of ORS 475.840, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
(121) A violation of ORS 475.916.
(122) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
(123) A violation of ORS 475.904.
(124) Misuse of an identification card, as defined in ORS
807.430.
(125) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(126) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(127) Using an invalid license, as defined in ORS 807.580.
(128) Permitting misuse of a license, as defined in ORS
807.590.
(129) Using another's license, as defined in ORS 807.600.
(130) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(131) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(132) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(133) Unlawful distribution of tobacco products, as defined in
ORS 323.632.
(134) A violation of ORS 180.440 (2) or 180.486 (2).
(135) A violation described in ORS 475.846 to 475.894, if it is
a felony.
(136) Subjecting another person to involuntary servitude in the
first degree, as defined in ORS 163.264.
(137) Subjecting another person to involuntary servitude in the
second degree, as defined in ORS 163.263.
(138) Trafficking in persons, as defined in ORS 163.266.
{ - (139) Furnishing sexually explicit material to a child,
as defined in ORS 167.054. - }
{ - (140) - } { + (139) + } Luring a minor, as defined in
ORS 167.057.
{ - (141) - } { + (140) + } Online sexual corruption of a
child in the second degree, as defined in ORS 163.432.
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{ - (142) - } { + (141) + } Online sexual corruption of a
child in the first degree, as defined in ORS 163.433.
{ - (143) - } { + (142) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (142) - } { + (141) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 5. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.196, 163.215 to 163.257, 163.261, 163.263,
163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432,
163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015
to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002
to 165.102, 165.109, 165.118, 165.805, 166.005 to 166.095,
166.350, 166.382, 166.384, 166.660, 167.002 to 167.027,
{ - 167.054, - } 167.057, 167.060 to 167.100, 167.117, 167.122
to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350,
167.810 and 167.820 shall be known and may be cited as Oregon
Criminal Code of 1971.
SECTION 6. ORS 166.715 is amended to read:
166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
(1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
(2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(3) 'Investigative agency' means the Department of Justice or
any district attorney.
(4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
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(6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.710 to 59.830, 59.991 and 59.995,
relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
(D) ORS 162.405 to 162.425, relating to abuse of public office;
(E) ORS 162.455, relating to interference with legislative
operation;
(F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to assault and related
offenses;
(H) ORS 163.225 and 163.235, relating to kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to 163.693, relating to sexual conduct of
children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
(L) ORS 164.315 to 164.335, relating to arson and related
offenses;
(M) ORS 164.345 to 164.365, relating to criminal mischief;
(N) ORS 164.395 to 164.415, relating to robbery;
(O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
(R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
(S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, { - 167.054, - } 167.057, 167.062
to 167.080, 167.090, 167.122 to 167.137, 167.147, 167.164,
167.167, 167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and
167.439, relating to prostitution, obscenity, { - sexually
explicit material, - } sexual conduct, gambling, computer crimes
involving the Oregon State Lottery, animal fighting, forcible
recovery of a fighting bird and related offenses;
(U) ORS 171.990, relating to legislative witnesses;
(V) ORS 260.575 and 260.665, relating to election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS 180.440 (2) and 180.486 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the
directories developed under ORS 180.425 and 180.477;
(Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
Enrolled House Bill 3323 (HB 3323-A) Page 9
(Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
(AA) ORS 463.995, relating to boxing, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to 475.285 and 475.840 to 475.980, relating to
controlled substances;
(DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
(EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
(GG) ORS chapter 706, relating to banking law administration;
(HH) ORS chapter 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual savings banks;
(JJ) ORS chapter 723, relating to credit unions;
(KK) ORS chapter 726, relating to pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 86A.095 to 86A.198, relating to mortgage bankers and
mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating to wildlife;
(PP) ORS 163.355 to 163.427, relating to sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to intimidation;
(SS) ORS chapter 696, relating to real estate and escrow;
(TT) ORS chapter 704, relating to outfitters and guides;
(UU) ORS 165.692, relating to making a false claim for health
care payment;
(VV) ORS 162.117, relating to public investment fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; or
(CCC) ORS 163.263, 163.264 or 163.266.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
(7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.108 to 167.164, relating to gambling; or
(C) ORS 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
(8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
Enrolled House Bill 3323 (HB 3323-A) Page 10
enacted, the reference shall extend to and include amendments to
the statute.
SECTION 7. 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.
(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 8. ORS 443.004, as amended by section 12, chapter 93,
Oregon Laws 2010, is amended to read:
443.004. (1) The Department of Human Services or the Oregon
Health Authority shall complete a criminal records check under
ORS 181.534 on:
Enrolled House Bill 3323 (HB 3323-A) Page 11
(a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
(b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
(c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
(2) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215,
164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017 { - , 167.054 - }
or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
(e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
(3) Subsection (2) of this section does not apply to:
(a) A peer support specialist; or
(b) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide for individuals with alcohol or drug dependence.
(4) If the department or authority has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
(5) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home care worker' has the meaning given that term in ORS
410.600.
(c) 'Home health agency' has the meaning given that term in ORS
443.005.
(d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(e) 'Peer support specialist' means a person who:
(A) Is providing peer support services as defined by the
authority by rule;
(B) Is under the supervision of a qualified clinical
supervisor;
(C) Has completed training required by the authority; and
(D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
Enrolled House Bill 3323 (HB 3323-A) Page 12
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
(f) 'Residential facility' has the meaning given that term in
ORS 443.400.
(g) 'Residential treatment facility' has the meaning given that
term in ORS 443.400.
(h) 'Residential treatment home' has the meaning given that
term in ORS 443.400.
SECTION 9. ORS 443.004, as amended by sections 12 and 13,
chapter 93, Oregon Laws 2010, is amended to read:
443.004. (1) The Department of Human Services or the Oregon
Health Authority shall complete a criminal records check under
ORS 181.534 on:
(a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
(b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
(c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
(2) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
(a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
164.055, 164.057, 164.098, 164.125 (5)(c) or (d), 164.215,
164.225, 164.325, 164.377 (2) or (3), 164.405, 164.415, 165.022,
165.032, 165.800, 165.803, 167.012, 167.017 { - , 167.054 - }
or 167.057;
(b) Of a crime listed in ORS 181.594;
(c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
(d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
(e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
(3) Subsection (2) of this section does not apply to a peer
support specialist.
(4) If the department or authority has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
(5) As used in this section:
(a) 'Adult foster home' has the meaning given that term in ORS
443.705.
(b) 'Home care worker' has the meaning given that term in ORS
410.600.
(c) 'Home health agency' has the meaning given that term in ORS
443.005.
Enrolled House Bill 3323 (HB 3323-A) Page 13
(d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
(e) 'Peer support specialist' means a person who:
(A) Is providing peer support services as defined by the
authority by rule;
(B) Is under the supervision of a qualified clinical
supervisor;
(C) Has completed training required by the authority; and
(D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
(f) 'Residential facility' has the meaning given that term in
ORS 443.400.
SECTION 10. { + ORS 167.054 is repealed. + }
SECTION 11. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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Passed by House April 25, 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 3323 (HB 3323-A) Page 14
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 3323 (HB 3323-A) Page 15
