Bill Text: OR HB4100 | 2012 | Regular Session | Introduced

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Bill Title: Relating to crimes committed against minors; declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4100 Detail]

Download: Oregon-2012-HB4100-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 233

                         House Bill 4100

Sponsored by Representative HUNT; Representatives BARKER,
  BUCKLEY, COWAN, DOHERTY, FREDERICK, GELSER, KENNEMER, LINDSAY,
  MATTHEWS, THOMPSON, WEIDNER, WHISNANT (at the request of Oregon
  Abuse Advocates and Survivors in Service, Crime Victims United)
  (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.

  Eliminates statute of limitations for certain crimes committed
against minors.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crimes committed against minors; creating new
  provisions; amending ORS 131.125 and 411.990; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }  { +  at any time after the commission of the
crime + }:
    { - (a) Strangulation under ORS 163.187 (4). - }
    { - (b) - }  { +  (a) + } Criminal mistreatment in the first
degree under ORS 163.205.
    { - (c) Rape in the third degree under ORS 163.355. - }
    { - (d) - }  { +  (b) + } Rape in the second degree under ORS
163.365.
    { - (e) - }  { +  (c) + } Rape in the first degree under ORS
163.375.
    { - (f) Sodomy in the third degree under ORS 163.385. - }
    { - (g) - }  { +  (d) + } Sodomy in the second degree under
ORS 163.395.
    { - (h) - }  { +  (e) + } Sodomy in the first degree under
ORS 163.405.
    { - (i) - }  { +  (f) + } Unlawful sexual penetration in the
second degree under ORS 163.408.
    { - (j) - }  { +  (g) + } Unlawful sexual penetration in the
first degree under ORS 163.411.
    { - (k) - }  { +  (h) + } Sexual abuse in the second degree
under ORS 163.425.
    { - (L) - }  { +  (i) + } Sexual abuse in the first degree
under ORS 163.427.
    { - (m) Using a child in a display of sexual conduct under
ORS 163.670. - }
    { - (n) Encouraging child sexual abuse in the first degree
under ORS 163.684. - }
    { - (o) - }  { +  (j) + } Incest under ORS 163.525.
    { - (p) - }  { +  (k) + } Promoting prostitution under ORS
167.012.
    { - (q) - }  { +  (L) + } Compelling prostitution under ORS
167.017.
    { - (r) Luring a minor under ORS 167.057. - }
   { +  (3) 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) Strangulation under ORS 163.187 (4).
  (b) Rape in the third degree under ORS 163.355.
  (c) Sodomy in the third degree under ORS 163.385.
  (d) Using a child in a display of sexual conduct under ORS
163.670.
  (e) Encouraging child sexual abuse in the first degree under
ORS 163.684.
  (f) Luring a minor under ORS 167.057. + }
    { - (3) - }  { +  (4) + } A prosecution for any of the
following misdemeanors may be commenced within four 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 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) Strangulation under ORS 163.187 (3).
  (b) Sexual abuse in the third degree under ORS 163.415.
  (c) Exhibiting an obscene performance to a minor under ORS
167.075.
  (d) Displaying obscene materials to minors under ORS 167.080.
    { - (4) - }  { +  (5) + }   { - In the case of crimes
described in subsection (2)(m) of this section, the victim is the
child engaged in sexual conduct. - }  In the case of the crime
described in subsection (2)  { - (o) - }  { +  (j) + } 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)  { - (p) and (q) - }  { +  (k) and (L) + } of this
section, the victim is the child whose acts of prostitution are
promoted or compelled.  { + In the case of crimes described in
subsection (3)(d) of this section, the victim is the child
engaged in sexual conduct. + }
    { - (5) - }  { +  (6) + } A prosecution for arson in any
degree may be commenced within six years after the commission of
the crime.
    { - (6) - }   { + (7) + } Except as  { + otherwise + }
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) - }  { +  (8) + } If the period prescribed in
subsection   { - (6) - }  { +  (7) + } 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) - }  { +  (9) + } 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  { - . - }
    { - (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 - }  { + , except that if the prosecution + } 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 2. ORS 411.990 is amended to read:
  411.990. (1) Violation of ORS 411.320 or 411.335 is a Class C
misdemeanor.
  (2) Violation of any provision of ORS 411.630 or 411.840 is a
Class C felony which may be reduced to a Class A misdemeanor in
accordance with ORS 161.705.
  (3) Violation of ORS 411.675 is a Class C felony.
  (4) Criminal prosecution of violators of ORS 411.675 shall be
commenced in accordance with ORS 131.125   { - (6) and (7) - }
 { +  (7) and (8) + }.
  SECTION 3.  { + The amendments to ORS 131.125 by section 1 of
this 2012 Act apply to offenses committed before, on or after the
effective date of this 2012 Act, but do not operate to revive a
prosecution barred by the operation of ORS 131.125 before the
effective date of this 2012 Act. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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