Bill Text: OR HB4016 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to harm to a child.

Spectrum: Unknown

Status: (Passed) 2012-04-11 - Chapter 92, (2012 Laws): Effective date January 1, 2013. [HB4016 Detail]

Download: Oregon-2012-HB4016-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to HB 4016

LC 291/HB 4016-9

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 4016

                    By COMMITTEE ON EDUCATION

                           February 14

  On page 1 of the printed bill, line 2, delete 'creating new
provisions;'.
  In line 3, delete 'and 419B.005; and declaring an emergency'
and insert ', 419B.005 and 419B.010'.
  On page 2, line 27, after 'institution' insert a period and
delete the rest of the line and line 28.
  On page 3, delete lines 16 through 28 and insert:
  ' (bb) Employee of a public or private organization providing
child-related services or activities:
  ' (A) Including but not limited to youth groups or centers,
scout groups or camps, summer or day camps, survival camps or
groups, centers or camps that are operated under the guidance,
supervision or auspices of religious, public or private
educational systems or community service organizations; and
  ' (B) Excluding community-based, nonprofit organizations whose
primary purpose is to provide confidential, direct services to
victims of domestic violence, sexual assault, stalking or human
trafficking.
  ' (cc) A coach, assistant coach or trainer of an amateur,
semiprofessional or professional athlete, if compensated and if
the athlete is a child.'.
  On page 4, line 34, after 'person' insert ', and an alternate
in the event the designated person is the suspected abuser,'.
  Delete lines 37 through 45.
  On page 5, delete lines 1 through 4.
  In line 5, delete the boldfaced material and restore the
bracketed material.
  In line 9, restore '(6)' and delete '(8)'.
  In line 12, delete the boldfaced material and restore the
bracketed material.
  In lines 15 through 20, delete the boldfaced material and
restore the bracketed material.
  In line 24, restore '(7)' and delete '(8)'.
  On page 6, lines 33 through 39, delete the boldfaced material
and restore the bracketed material.
  In line 42, delete the boldfaced material and restore the
bracketed material.
  On page 7, line 5, delete the boldfaced material and restore
the bracketed material.
  In line 31, delete the boldfaced material and restore the
bracketed material.
  In line 42, delete the boldfaced material and restore the
bracketed material.
  On page 11, delete lines 44 and 45 and insert:
  '  { +  SECTION 11. + } ORS 419B.010 is amended to read:
  ' 419B.010. (1) Any public or private official having
reasonable cause to believe that any child with whom the official
comes in contact has suffered abuse or that any person with whom
the official comes in contact has abused a child shall
immediately report or cause a report to be made in the manner
required in ORS 419B.015. Nothing contained in ORS 40.225 to
40.295 or 419B.234 (6) affects the duty to report imposed by this
section, except that a psychiatrist, psychologist, member of the
clergy, attorney or guardian ad litem appointed under ORS
419B.231 is not required to report such information communicated
by a person if the communication is privileged under ORS 40.225
to 40.295 or 419B.234 (6). An attorney is not required to make a
report under this section by reason of information communicated
to the attorney in the course of representing a client if
disclosure of the information would be detrimental to the client.
  ' (2) Notwithstanding subsection (1) of this section, a report
need not be made under this section if the public or private
official acquires information relating to abuse by reason of a
report made under this section, or by reason of a proceeding
arising out of a report made under this section, and the public
or private official reasonably believes that the information is
already known by a law enforcement agency or the Department of
Human Services.
  '  { +  (3) The duty to report under this section is personal
to the public or private official alone, regardless of whether
the official is employed by, a volunteer of or a representative
or agent for any type of entity or organization that employs
persons or uses persons as volunteers who are public or private
officials in its operations.
  ' (4) The duty to report under this section exists regardless
of whether the entity or organization that employs the public or
private official or uses the official as a volunteer has its own
procedures or policies for reporting abuse internally within the
entity or organization. + }
  '  { - (3) - }  { +  (5) + } A person who violates subsection
(1) of this section commits a Class A violation. Prosecution
under this subsection shall be commenced at any time within 18
months after commission of the offense.'.
  On page 12, delete lines 1 through 3.
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