Bill Text: OR SB1534 | 2012 | Regular Session | Introduced
Bill Title: Relating to the solicitation of criminal activity; prescribing an effective date.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1534 Detail]
Download: Oregon-2012-SB1534-Introduced.html
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 141
Senate Bill 1534
Sponsored by Senator WHITSETT; Senators ATKINSON, FERRIOLI,
GEORGE, JOHNSON, KRUSE, MORSE, OLSEN, STARR, TELFER, VERGER,
WINTERS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates crime of aggravated solicitation applicable to use of
electronic communication to solicit two or more persons to commit
specific crime at specific time and location.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to the solicitation of criminal activity; creating new
provisions; amending ORS 131.125, 131.215, 131.315, 131.558,
131.602, 131A.005, 131A.020, 135.737, 137.712, 147.433,
161.475, 161.485, 167.164, 419A.260, 419B.340, 419B.502,
421.121 and 443.004; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'electronic
communication' has the meaning given that term in ORS 133.721.
(2) A person commits the crime of aggravated solicitation if,
with the intent of causing two or more other persons to engage in
specific conduct constituting a crime, the person uses an
electronic communication to command or solicit other persons to
engage in that conduct at a specific time and at a specific
location.
(3) In a prosecution under this section, the state need not
prove that the electronic communication was received by specific
persons or that the defendant intended for specific persons to
engage in the criminal activity.
(4) Aggravated solicitation is a:
(a) Class A felony if the offense solicited is a Class A felony
or is murder or treason.
(b) Class B felony if the offense solicited is a Class B
felony.
(c) Class C felony if the offense solicited is a misdemeanor or
a Class C felony. + }
SECTION 2. { + Section 1 of this 2012 Act is added to and made
a part of ORS 161.405 to 161.485. + }
SECTION 3. ORS 161.475 is amended to read:
161.475. (1) Except as provided in subsection (2) of this
section, it is immaterial to the liability of a person who
solicits or conspires with another to commit a crime that:
(a) The person or the person whom the person solicits or with
whom the person conspires does not occupy a particular position
or have a particular characteristic which is an element of such
crime, if the person believes that one of them does; { - or - }
(b) The person whom the person solicits or with whom the person
conspires is irresponsible or has an immunity to prosecution or
conviction for the commission of the crime, or, in the case of
conspiracy, has feigned the agreement; or
(c) The person with whom the person conspires has not been
prosecuted for or convicted of the conspiracy or a crime based
upon the conduct in question, or has previously been acquitted.
(2) It is a defense to a charge of solicitation { + ,
aggravated solicitation + } or conspiracy to commit a crime that
if the criminal object were achieved, the actor would not be
guilty of a crime under the law defining the offense or as an
accomplice under ORS 161.150 to 161.165.
SECTION 4. ORS 161.485 is amended to read:
161.485. (1) It is no defense to a prosecution under ORS
161.405, 161.435 or 161.450 { + or section 1 of this 2012
Act + } that the offense the defendant { - either - }
attempted to commit, solicited to commit or conspired to commit
was actually committed pursuant to such attempt, solicitation or
conspiracy.
(2) A person { - shall - } { + may + } not be convicted of
more than one offense defined by ORS 161.405, 161.435 and 161.450
{ + or section 1 of this 2012 Act + } for conduct designed to
commit or to culminate in commission of the same crime.
(3) A person { - shall - } { + may + } not be convicted on
the basis of the same course of conduct of both the actual
commission of an offense and an attempt to commit that offense
{ - or - } { + , + } solicitation { + or aggravated
solicitation + } of that offense or conspiracy to commit that
offense.
(4) Nothing in this section { - shall be construed to bar - }
{ + bars + } inclusion of multiple counts charging violation of
the substantive crime and ORS 161.405, 161.435 and 161.450
{ + and section 1 of this 2012 Act + }in a single indictment or
information, provided the penal conviction is consistent with
subsections (2) and (3) of this section.
SECTION 5. ORS 131.215 is amended to read:
131.215. Except as otherwise provided in ORS 131.205 to
131.235, a person is subject to prosecution under the laws of
this state for an offense that the person commits by the conduct
of the person or the conduct of another for which the person is
criminally liable if:
(1) Either the conduct that is an element of the offense or the
result that is an element occurs within this state; { - or - }
(2) Conduct occurring outside this state is sufficient under
the law of this state to constitute an attempt to commit an
offense within this state; { - or - }
(3) Conduct occurring outside this state is sufficient under
the law of this state to constitute a conspiracy to commit an
offense within this state and an overt act in furtherance of the
conspiracy occurs within this state; { - or - }
(4) Conduct occurring within this state establishes complicity
in the commission of, or an attempt, solicitation { + ,
aggravated solicitation + } or conspiracy to commit an offense in
another jurisdiction which also is an offense under the law of
this state; { - or - }
(5) The offense consists of the omission to perform a legal
duty imposed by the law of this state with respect to domicile,
residence or a relationship to a person, thing or transaction in
this state; or
(6) The offense violates a statute of this state that expressly
prohibits conduct outside this state affecting a legislatively
protected interest of or within this state and the actor has
reason to know that the conduct of the actor is likely to affect
that interest.
SECTION 6. ORS 131.315 is amended to read:
131.315. (1) If conduct constituting elements of an offense or
results constituting elements of an offense occur in two or more
counties, trial of the offense may be held in any of the counties
concerned.
(2) If a cause of death is inflicted on a person in one county
and the person dies therefrom in another county, trial of the
offense may be held in either county.
(3) If the commission of an offense commenced outside this
state is consummated within this state, trial of the offense
shall be held in the county in which the offense is consummated
or the interest protected by the criminal statute in question is
impaired.
(4) If an offense is committed on any body of water located in,
or adjacent to, two or more counties or forming the boundary
between two or more counties, trial of the offense may be held in
any nearby county bordering on the body of water.
(5) If an offense is committed in or upon any railroad car,
vehicle, aircraft, boat or other conveyance in transit and it
cannot readily be determined in which county the offense was
committed, trial of the offense may be held in any county through
or over which the conveyance passed.
(6) If an offense is committed on the boundary of two or more
counties or within one mile thereof, trial of the offense may be
held in any of the counties concerned.
(7) A person who commits theft, burglary or robbery may be
tried in any county in which the person exerts control over the
property that is the subject of the crime.
(8) If the offense is an attempt { - or - } { + , + }
solicitation { + or aggravated solicitation + } to commit a
crime, trial of the offense may be held in any county in which
any act that is an element of the offense is committed.
(9) If the offense is criminal conspiracy, trial of the offense
may be held in any county in which any act or agreement that is
an element of the offense occurs.
(10) A person who in one county commits an inchoate offense
that results in the commission of an offense by another person in
another county, or who commits the crime of hindering prosecution
of the principal offense, may be tried in either county.
(11) A criminal nonsupport action may be tried in any county in
which the dependent child is found, irrespective of the domicile
of the parent, guardian or other person lawfully charged with
support of the child.
(12) If the offense is theft, forgery or identity theft and the
offense consists of an aggregate transaction involving more than
one county, trial of the offense may be held in any county in
which one of the acts of theft, forgery or identity theft was
committed.
(13) When a prosecution is for violation of the Oregon
Securities Law, the trial of the offense may be held in the
county in which:
(a) The offer to purchase or sell securities took place or
where the sale or purchase of securities took place; or
(b) Any act that is an element of the offense occurred.
(14) When a prosecution under ORS 165.692 and 165.990 or
411.675 and 411.990 (2) and (3) involves Medicaid funds, the
trial of the offense may be held in the county in which the claim
was submitted for payment or in the county in which the claim was
paid.
(15)(a) If the offense is stalking under ORS 163.732 and
involves contacts as defined in ORS 163.730 in more than one
county, trial of the offense may be held in any county in which a
contact occurred.
(b) If the offense is violating a court's stalking protective
order under ORS 163.750, trial of the offense may be held in the
county in which the defendant engaged in conduct prohibited by
the order or in the county in which the order was issued.
SECTION 7. ORS 131.558 is amended to read:
131.558. The following are subject to criminal forfeiture:
(1) All controlled substances that have been manufactured,
distributed, dispensed, possessed or acquired in the course of
prohibited conduct;
(2) All raw materials, products and equipment of any kind that
are used, or intended for use, in providing, manufacturing,
compounding, processing, delivering, importing or exporting any
service or substance in the course of prohibited conduct;
(3) All property that is used, or intended for use, as a
container for property described in subsection (1) or (2) of this
section;
(4) All conveyances, including aircraft, vehicles and vessels,
that are used, or are intended for use, to transport or
facilitate the transportation, sale, receipt, possession or
concealment of property described in subsection (1) or (2) of
this section, and all conveyances, including aircraft, vehicles
and vessels, that are used or intended for use in prohibited
conduct or to facilitate prohibited conduct, except that:
(a) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to
criminal forfeiture under the provisions of this section unless
the owner or other person in charge of such conveyance was a
consenting party or knew of and acquiesced in the prohibited
conduct; and
(b) No conveyance is subject to criminal forfeiture under the
provisions of this section by reason of any act or omission
established by the owner thereof to have been committed or
omitted by any person other than such owner while such conveyance
was unlawfully in the possession of a person other than the owner
in violation of the criminal laws of the United States or of any
state;
(5) All books, records, computers and research, including
formulae, microfilm, tapes and data that are used or intended for
use to facilitate prohibited conduct;
(6) All moneys, negotiable instruments, balances in deposit or
other accounts, securities or other things of value furnished or
intended to be furnished by any person in the course of
prohibited conduct, all proceeds of or from prohibited conduct,
and all moneys, negotiable instruments, balances in deposit and
other accounts and securities used or intended to be used to
facilitate any prohibited conduct;
(7) All real property, including any right, title and interest
in the whole of any lot or tract of land and any appurtenances or
improvements, that is used or intended to be used to commit or
facilitate the commission of prohibited conduct;
(8) All weapons possessed, used or available for use to
facilitate conduct giving rise to criminal forfeiture;
(9) All property described in this section that is intended for
use in committing or facilitating an attempt to commit a crime as
described in ORS 161.405, a solicitation as described in ORS
161.435 { + , an aggravated solicitation as described in section
1 of this 2012 Act + } or a conspiracy as described in ORS
161.450; and
(10) All personal property that is used or intended to be used
to commit or facilitate prohibited conduct.
SECTION 8. 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) Assisting another person to commit suicide, as defined in
ORS 163.193.
(9) Custodial interference in the second degree, as defined in
ORS 163.245.
(10) Custodial interference in the first degree, as defined in
ORS 163.257.
(11) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(12) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(13) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(14) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(15) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(16) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(17) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(18) Theft in the second degree, as defined in ORS 164.045.
(19) Theft in the first degree, as defined in ORS 164.055.
(20) Aggravated theft in the first degree, as defined in ORS
164.057.
(21) Theft by extortion, as defined in ORS 164.075.
(22) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(23) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(24) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(25) Unauthorized use of a vehicle, as defined in ORS 164.135.
(26) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(27) Laundering a monetary instrument, as defined in ORS
164.170.
(28) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(29) Burglary in the second degree, as defined in ORS 164.215.
(30) Burglary in the first degree, as defined in ORS 164.225.
(31) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(32) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(33) Arson in the second degree, as defined in ORS 164.315.
(34) Arson in the first degree, as defined in ORS 164.325.
(35) Computer crime, as defined in ORS 164.377.
(36) Robbery in the third degree, as defined in ORS 164.395.
(37) Robbery in the second degree, as defined in ORS 164.405.
(38) Robbery in the first degree, as defined in ORS 164.415.
(39) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(40) Unlawful recording of a live performance, as defined in
ORS 164.869.
(41) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(42) A violation of ORS 164.886.
(43)(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.
(44) Interference with agricultural operations, as defined in
ORS 164.887.
(45) Forgery in the second degree, as defined in ORS 165.007.
(46) Forgery in the first degree, as defined in ORS 165.013.
(47) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(48) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(49) Criminal possession of a forgery device, as defined in ORS
165.032.
(50) Criminal simulation, as defined in ORS 165.037.
(51) Fraudulently obtaining a signature, as defined in ORS
165.042.
(52) Fraudulent use of a credit card, as defined in ORS
165.055.
(53) Negotiating a bad check, as defined in ORS 165.065.
(54) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(55) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(56) Falsifying business records, as defined in ORS 165.080.
(57) Sports bribery, as defined in ORS 165.085.
(58) Sports bribe receiving, as defined in ORS 165.090.
(59) Misapplication of entrusted property, as defined in ORS
165.095.
(60) Issuing a false financial statement, as defined in ORS
165.100.
(61) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(62) A violation of ORS 165.543.
(63) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(64) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(65) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(66) Identity theft, as defined in ORS 165.800.
(67) A violation of ORS 166.190.
(68) Unlawful use of a weapon, as defined in ORS 166.220.
(69) A violation of ORS 166.240.
(70) Unlawful possession of a firearm, as defined in ORS
166.250.
(71) A violation of ORS 166.270.
(72) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(73) A violation of ORS 166.275.
(74) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(75) A violation of ORS 166.370.
(76) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(77) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(78) Possession of a hoax destructive device, as defined in ORS
166.385.
(79) A violation of ORS 166.410.
(80) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(81) Improperly transferring a firearm, as defined in ORS
166.418.
(82) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(83) A violation of ORS 166.429.
(84) A violation of ORS 166.470.
(85) A violation of ORS 166.480.
(86) A violation of ORS 166.635.
(87) A violation of ORS 166.638.
(88) Unlawful paramilitary activity, as defined in ORS 166.660.
(89) A violation of ORS 166.720.
(90) Prostitution, as defined in ORS 167.007.
(91) Patronizing a prostitute, as defined in ORS 167.008.
(92) Promoting prostitution, as defined in ORS 167.012.
(93) Compelling prostitution, as defined in ORS 167.017.
(94) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(95) Unlawful gambling in the second degree, as defined in ORS
167.122.
(96) Unlawful gambling in the first degree, as defined in ORS
167.127.
(97) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(98) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(99) Possession of a gambling device, as defined in ORS
167.147.
(100) Possession of a gray machine, as defined in ORS 167.164.
(101) Cheating, as defined in ORS 167.167.
(102) Tampering with drug records, as defined in ORS 167.212.
(103) A violation of ORS 167.262.
(104) Research and animal interference, as defined in ORS
167.312.
(105) Animal abuse in the first degree, as defined in ORS
167.320.
(106) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(107) Animal neglect in the first degree, as defined in ORS
167.330.
(108) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(109) Involvement in animal fighting, as defined in ORS
167.355.
(110) Dogfighting, as defined in ORS 167.365.
(111) Participation in dogfighting, as defined in ORS 167.370.
(112) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(113) Interference with livestock production, as defined in ORS
167.388.
(114) A violation of ORS 167.390.
(115) Participation in cockfighting, as defined in ORS 167.431.
(116) A violation of ORS 471.410.
(117) Failure to report missing precursor substances, as
defined in ORS 475.955.
(118) Illegally selling drug equipment, as defined in ORS
475.960.
(119) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(120) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
(121) A violation of ORS 475.752, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
(123) A violation of ORS 475.916.
(124) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
(125) A violation of ORS 475.904.
(126) Misuse of an identification card, as defined in ORS
807.430.
(127) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(128) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(129) Using an invalid license, as defined in ORS 807.580.
(130) Permitting misuse of a license, as defined in ORS
807.590.
(131) Using another's license, as defined in ORS 807.600.
(132) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(133) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(134) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(135) Unlawful distribution of tobacco products, as defined in
ORS 323.632.
(136) A violation of ORS 180.440 (2) or 180.486 (2).
(137) A violation described in ORS 475.806 to 475.894, if it is
a felony.
(138) Subjecting another person to involuntary servitude in the
first degree, as defined in ORS 163.264.
(139) Subjecting another person to involuntary servitude in the
second degree, as defined in ORS 163.263.
(140) Trafficking in persons, as defined in ORS 163.266.
(141) Luring a minor, as defined in ORS 167.057.
(142) Online sexual corruption of a child in the second degree,
as defined in ORS 163.432.
(143) Online sexual corruption of a child in the first degree,
as defined in ORS 163.433.
(144) An attempt, conspiracy { - or - } { + , + }
solicitation { + or aggravated solicitation + } to commit a
crime in subsections (1) to (143) of this section if the attempt,
conspiracy { + , + } { - or - } solicitation { + or
aggravated solicitation + } is a felony or a Class A misdemeanor.
SECTION 9. ORS 131A.005 is amended to read:
131A.005. As used in this chapter:
(1) 'All persons known to have an interest' means:
(a) Any person who filed a notice of interest for seized
property with any public office, in the manner required or
permitted by law, before the property was seized for forfeiture;
(b) Any person from whose custody property is seized for
forfeiture; and
(c) Any person who has an interest in property seized for
forfeiture, including all owners and occupants of the property,
whose identity and address is known or is ascertainable upon
diligent inquiry and whose rights and interest in the property
may be affected by the action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 86A.100, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The United States Department of Veterans Affairs;
(D) Rural Development and the Farm Service Agency of the United
States Department of Agriculture;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage Corporation;
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing and Community Services Department;
(B) The Department of Veterans' Affairs; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any local
government, as defined by ORS 174.116, or special government
body, as defined by ORS 174.117, including but not limited to
such agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser as defined in ORS
59.015.
(4) 'Forfeiting agency' means a public body that is seeking
forfeiture of property under this chapter.
(5) 'Forfeiture counsel' means an attorney designated by a
forfeiting agency to represent the forfeiting agency in
forfeiture proceedings.
(6) 'Forfeiture proceeds' means all property that has been
forfeited in a proceeding under this chapter, including money,
earnings from forfeited property and amounts realized from the
sale of forfeited property.
(7) 'Instrumentality' has the meaning given in ORS 131.550.
(8) 'Law enforcement agency' means any agency that employs
police officers or prosecutes criminal cases.
(9) 'Motor vehicle with a hidden compartment' means a motor
vehicle as defined in ORS 801.360 that has had the vehicle's
original design modified by a person other than the manufacturer
to create a container, space or enclosure for the purpose of
concealing, hiding or otherwise preventing discovery of its
contents and that is used or intended to be used to facilitate
the commission of a criminal offense.
(10) 'Police officer' has the meaning given that term in ORS
133.525.
(11) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from prohibited conduct, or maintained by
or realized through prohibited conduct. 'Proceeds of prohibited
conduct' includes any benefit, interest or property of any kind,
without reduction for expenses of acquiring or maintaining the
property.
(12) 'Prohibited conduct' means:
(a) Violation of, solicitation to violate, { + aggravated
solicitation to violate, + } attempt to violate or conspiracy to
violate a provision of ORS 475.005 to 475.285 and 475.744 to
475.980 when the conduct constitutes the commission of a crime as
described in ORS 161.515;
(b) Violation of, solicitation to violate, { + aggravated
solicitation to violate, + } attempt to violate or conspiracy to
violate a provision of ORS 163.263, 163.264, 163.266 or 167.017;
and
(c) Other conduct that constitutes the commission of a crime as
described in ORS 161.515, that provides for civil forfeiture of
proceeds or instrumentalities of the conduct and that is made
subject to the provisions of this chapter under ORS 131A.010 (4)
or other law.
(13) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(14) 'Public body' has the meaning given in ORS 174.109.
(15) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(16) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
SECTION 10. ORS 131A.020 is amended to read:
131A.020. The following property is subject to forfeiture under
this chapter:
(1) All controlled substances that have been manufactured,
distributed, dispensed, possessed or acquired in the course of
prohibited conduct.
(2) All raw materials, products and equipment of any kind that
are used in providing, manufacturing, compounding, processing,
delivering, importing or exporting any service or substance in
the course of prohibited conduct.
(3) All property that is used as a container for property
described in subsection (1) or (2) of this section.
(4) All conveyances, including aircraft, vehicles or vessels,
that are used to transport or in any manner facilitate the
transportation, sale, receipt, possession or concealment of
property described in subsection (1) or (2) of this section, and
all conveyances, including aircraft, vehicles or vessels, that
are used in prohibited conduct or that are used to facilitate
prohibited conduct in any manner.
(5) All books, records, computers and research, including
formulae, microfilm, tapes and data that are used to facilitate
prohibited conduct in any manner.
(6) All moneys, negotiable instruments, balances in deposit
accounts or other accounts, securities or other things of value
furnished by any person in the course of prohibited conduct, all
proceeds of prohibited conduct, and all moneys, negotiable
instruments, balances in deposit and other accounts and
securities used to facilitate any prohibited conduct.
(7) All real property, including any right, title and interest
in the whole of any lot or tract of land and any appurtenances or
improvements, that is used in any manner, in whole or part, to
commit or facilitate prohibited conduct.
(8) All weapons possessed, used or available for use in any
manner to facilitate prohibited conduct.
(9) Any property described in this section that was intended
for use in committing or facilitating an attempt to commit a
crime as described in ORS 161.405, a solicitation as described in
ORS 161.435 { + , an aggravated solicitation as described in
section 1 of this 2012 Act + } or a conspiracy as described in
ORS 161.450.
SECTION 11. ORS 137.712 is amended to read:
137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, assault in the second degree as defined
in ORS 163.175 (1)(b), kidnapping in the second degree as defined
in ORS 163.225, rape in the second degree as defined in ORS
163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in
ORS 163.408, sexual abuse in the first degree as defined in ORS
163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the
rules of the Oregon Criminal Justice Commission that is less than
the minimum sentence that otherwise may be required by ORS
137.700 or 137.707 if the court, on the record at sentencing,
makes the findings set forth in subsection (2) of this section
and finds that a substantial and compelling reason under the
rules of the Oregon Criminal Justice Commission justifies the
lesser sentence. When the court imposes a sentence under this
subsection, the person is eligible for a reduction in the
sentence as provided in ORS 421.121 and any other statute.
(b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
(A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
(B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
(C) A sentence of probation will better serve to protect
society.
(2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
(a) If the conviction is for manslaughter in the second degree:
(A) That the victim was a dependent person as defined in ORS
163.205 who was at least 18 years of age;
(B) That the defendant is the mother or father of the victim;
(C) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
(D) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
(E) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
(F) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
(b) If the conviction is for assault in the second degree:
(A) That the victim was not physically injured by means of a
deadly weapon;
(B) That the victim did not suffer a significant physical
injury; and
(C) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(c) If the conviction is for kidnapping in the second degree:
(A) That the victim was at least 12 years of age at the time
the crime was committed; and
(B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(d) If the conviction is for robbery in the second degree:
(A) That the victim did not suffer a significant physical
injury;
(B) That, if the defendant represented by words or conduct that
the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury;
(C) That, if the defendant represented by words or conduct that
the defendant was armed with a deadly weapon, the representation
did not reasonably put the victim in fear of imminent physical
injury; and
(D) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(e) If the conviction is for rape in the second degree, sodomy
in the second degree or sexual abuse in the first degree:
(A) That the victim was at least 12 years of age, but under 14
years of age, at the time of the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim; and
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
(f) If the conviction is for unlawful sexual penetration in the
second degree:
(A) That the victim was 12 years of age or older at the time of
the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim;
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
(G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
(3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
(4) The crimes to which subsection (2)(a)(F), (b)(C), (c)(B),
(d)(D), (e)(B) and (f)(B) of this section refer are:
(a) A crime listed in ORS 137.700 (2) or 137.707 (4);
(b) Escape in the first degree, as defined in ORS 162.165;
(c) Aggravated murder, as defined in ORS 163.095;
(d) Criminally negligent homicide, as defined in ORS 163.145;
(e) Assault in the third degree, as defined in ORS 163.165;
(f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
(g) Rape in the third degree, as defined in ORS 163.355;
(h) Sodomy in the third degree, as defined in ORS 163.385;
(i) Sexual abuse in the second degree, as defined in ORS
163.425;
(j) Stalking, as defined in ORS 163.732;
(k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
(L) Arson in the first degree, as defined in ORS 164.325;
(m) Robbery in the third degree, as defined in ORS 164.395;
(n) Intimidation in the first degree, as defined in ORS
166.165;
(o) Promoting prostitution, as defined in ORS 167.012; and
(p) An attempt { - or - } { + , + } solicitation { + or
aggravated solicitation + } to commit any Class A or B felony
listed in paragraphs (a) to (L) of this subsection.
(5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced
to probation under this section violates a condition of probation
by committing a new crime, the court shall revoke the probation
and impose the presumptive sentence of imprisonment under the
rules of the Oregon Criminal Justice Commission.
(6) As used in this section:
(a) 'Conviction' includes, but is not limited to:
(A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court. 'Conviction' does not include a juvenile court
adjudication described in this subparagraph if the person
successfully asserted the defense set forth in ORS 419C.522.
(B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
(b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony { - , including an attempt or
solicitation to commit a Class B felony, - } or a misdemeanor,
unless the conviction was entered within the 10-year period
immediately preceding the date on which the current crime was
committed.
(c) 'Significant physical injury' means a physical injury that:
(A) Creates a risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of
any bodily organ.
SECTION 12. ORS 147.433 is amended to read:
147.433. (1) To accord crime victims due dignity and respect, a
victim in a criminal proceeding described in subsection (2) of
this section has, upon request to the district attorney before a
judgment of conviction is entered, the following rights:
(a) The right to be notified by the district attorney of the
victims' rights described in this section and ORS 138.627 and
144.750;
(b) The right to reasonable, accurate and timely notice from
the Attorney General when an appeal is taken in the criminal
proceeding;
(c) The right to reasonable, accurate and timely notice from
the counsel for the state when a conviction in the criminal
proceeding is the subject of a petition for post-conviction
relief filed under ORS 138.510 to 138.680;
(d) The right to attend any public hearing related to the
criminal proceeding that is conducted by an appellate court; and
(e) The right to be reasonably protected from the offender, if
the offender is present, at any related appellate or
post-conviction relief proceeding.
(2) The provisions of this section apply only to criminal
proceedings involving a defendant charged with or convicted of:
(a) A person felony, as that term is defined in the rules of
the Oregon Criminal Justice Commission;
(b) A person Class A misdemeanor, as that term is defined in
the rules of the Oregon Criminal Justice Commission;
(c) Burglary in the first degree under ORS 164.225;
(d) A sex crime as defined in ORS 181.594; or
(e) An attempt, conspiracy { - or - } { + , + }
solicitation { + or aggravated solicitation + } to commit a
crime described in paragraph (a) or (b) of this subsection.
(3) As used in this section, 'victim' has the meaning given
that term in ORS 131.007.
SECTION 13. ORS 419A.260 is amended to read:
419A.260. (1) As used in this section and ORS 419A.262:
(a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
(b) 'Expunction' means:
(A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
(B) Where a record is kept by the Department of Human Services
or the Oregon Youth Authority, either the sealing of such record
by the department or the Oregon Youth Authority or, in a
multiperson file, the affixing to the front of the file, by the
department or the youth authority, a stamp or statement
identifying the name of the individual, the date of expunction
and instruction that no further reference shall be made to the
material that is subject to the expunction order except upon an
order of a court of competent jurisdiction.
(c) 'Person' includes a person under 18 years of age.
(d) 'Record' includes a fingerprint or photograph file, report,
exhibit or other material which contains information relating to
a person's contact with any law enforcement agency or juvenile
court or juvenile department and is kept manually, through the
use of electronic data processing equipment, or by any other
means by a law enforcement or public investigative agency, a
juvenile court or juvenile department or an agency of the State
of Oregon. 'Record' does not include:
(A) A transcript of a student's Youth Corrections Education
Program academic record;
(B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
(C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
(D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
(E) Records related to a support obligation;
(F) Medical records;
(G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
(H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
(I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
(J) Any records in cases under ORS 419C.005 in which a juvenile
court found a person to be within the jurisdiction of the court
based upon the person's commission of an act which if done by an
adult would constitute one of the following offenses:
(i) Aggravated murder under ORS 163.095;
(ii) Murder under ORS 163.115;
(iii) Attempt, solicitation { + , aggravated solicitation + }
or conspiracy to commit murder or aggravated murder;
(iv) Manslaughter in the first degree under ORS 163.118;
(v) Manslaughter in the second degree under ORS 163.125;
(vi) Criminally negligent homicide under ORS 163.145;
(vii) Assault in the first degree under ORS 163.185;
(viii) Criminal mistreatment in the first degree under ORS
163.205;
(ix) Kidnapping in the first degree under ORS 163.235;
(x) Rape in the third degree under ORS 163.355;
(xi) Rape in the second degree under ORS 163.365;
(xii) Rape in the first degree under ORS 163.375;
(xiii) Sodomy in the third degree under ORS 163.385;
(xiv) Sodomy in the second degree under ORS 163.395;
(xv) Sodomy in the first degree under ORS 163.405;
(xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
(xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
(xviii) Sexual abuse in the third degree under ORS 163.415;
(xix) Sexual abuse in the second degree under ORS 163.425;
(xx) Sexual abuse in the first degree under ORS 163.427;
(xxi) Promoting prostitution under ORS 167.012;
(xxii) Compelling prostitution under ORS 167.017;
(xxiii) Aggravated driving while suspended or revoked under ORS
163.196;
(xxiv) Aggravated vehicular homicide under ORS 163.149; or
(xxv) An attempt to commit a crime listed in this subparagraph
other than manslaughter in the second degree and criminally
negligent homicide;
(K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
(L) Records maintained in the Law Enforcement Data System under
ORS 181.592.
(e) 'Termination' means:
(A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
(B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
(2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter, the legal effect of an expunction order and the
procedures for seeking relief from the duty to report as a sex
offender provided under ORS 181.823, at the following times:
(a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
(b) At the time of termination;
(c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
(d) At the time of notice of execution of an expunction order.
SECTION 14. ORS 419B.340 is amended to read:
419B.340. (1) If the court awards custody to the Department of
Human Services, the court shall include in the disposition order
a determination whether the department has made reasonable
efforts or, if the Indian Child Welfare Act applies, active
efforts to prevent or eliminate the need for removal of the ward
from the home. If the ward has been removed prior to the entry of
the order, the order shall also include a determination whether
the department has made reasonable or active efforts to make it
possible for the ward to safely return home. In making the
determination under this subsection, the court shall consider the
ward's health and safety the paramount concerns.
(2) In support of its determination whether reasonable or
active efforts have been made by the department, the court shall
enter a brief description of what preventive and reunification
efforts were made and why further efforts could or could not have
prevented or shortened the separation of the family.
(3) When the first contact with the family has occurred during
an emergency in which the ward could not remain without jeopardy
at home even with reasonable services being provided, the
department shall be considered to have made reasonable or active
efforts to prevent or eliminate the need for removal.
(4) When the court finds that preventive or reunification
efforts have not been reasonable or active, but further
preventive or reunification efforts could not permit the ward to
remain without jeopardy at home, the court may authorize or
continue the removal of the ward.
(5) If a court determines that one of the following
circumstances exist, the juvenile court may make a finding that
the department is not required to make reasonable efforts to make
it possible for the ward to safely return home:
(a) Aggravated circumstances including, but not limited to, the
following:
(A) The parent by abuse or neglect has caused the death of any
child;
(B) The parent has attempted, solicited or conspired, as
described in ORS 161.405, 161.435 or 161.450 { + or section 1 of
this 2012 Act + } or under comparable laws of any jurisdiction,
to cause the death of any child;
(C) The parent by abuse or neglect has caused serious physical
injury to any child;
(D) The parent has subjected any child to rape, sodomy or
sexual abuse;
(E) The parent has subjected any child to intentional
starvation or torture;
(F) The parent has abandoned the ward as described in ORS
419B.100 (1)(e); or
(G) The parent has unlawfully caused the death of the other
parent of the ward;
(b) The parent has been convicted in any jurisdiction of one of
the following crimes:
(A) Murder of another child of the parent, which murder would
have been an offense under 18 U.S.C. 1111(a);
(B) Manslaughter in any degree of another child of the parent,
which manslaughter would have been an offense under 18 U.S.C.
1112(a);
(C) Aiding, abetting, attempting, conspiring or soliciting to
commit an offense described in subparagraph (A) or (B) of this
paragraph; or
(D) Felony assault that results in serious physical injury to
the ward or another child of the parent; or
(c) The parent's rights to another child have been terminated
involuntarily.
(6) If, pursuant to a determination under subsection (5) of
this section, the juvenile court makes a finding that the
department is not required to make reasonable efforts to prevent
or eliminate the need for removal of the ward from the home or to
make it possible for the ward to safely return home, and the
department determines that it will not make such efforts, the
court shall conduct a permanency hearing as provided in ORS
419B.470 no later than 30 days after the judicial finding under
subsection (5) of this section.
(7) When an Indian child is involved, the department must
satisfy the court that active efforts have been made to provide
remedial services and rehabilitative programs designed to prevent
the breakup of the Indian family and that these efforts have
proven unsuccessful. Foster care placement may not be ordered in
a proceeding in the absence of a determination, supported by
clear and convincing evidence, including the testimony of expert
witnesses, that the continued custody of the Indian child by the
parent or Indian custodian is likely to result in serious
emotional or physical injury to the Indian child.
SECTION 15. ORS 419B.502 is amended to read:
419B.502. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of a single or recurrent incident of
extreme conduct toward any child. In such case, no efforts need
to be made by available social agencies to help the parent adjust
the conduct in order to make it possible for the child or ward to
safely return home within a reasonable amount of time. In
determining extreme conduct, the court shall consider the
following:
(1) Rape, sodomy or sex abuse of any child by the parent.
(2) Intentional starvation or torture of any child by the
parent.
(3) Abuse or neglect by the parent of any child resulting in
death or serious physical injury.
(4) Conduct by the parent to aid or abet another person who, by
abuse or neglect, caused the death of any child.
(5) Conduct by the parent to attempt, solicit or conspire, as
described in ORS 161.405, 161.435 or 161.450 { + or section 1 of
this 2012 Act + } or under comparable laws of any jurisdiction,
to cause the death of any child.
(6) Previous involuntary terminations of the parent's rights to
another child if the conditions giving rise to the previous
action have not been ameliorated.
(7) Conduct by the parent that knowingly exposes any child of
the parent to the storage or production of methamphetamines from
precursors. In determining whether extreme conduct exists under
this subsection, the court shall consider the extent of the child
or ward's exposure and the potential harm to the physical health
of the child or ward.
SECTION 16. ORS 421.121 is amended to read:
421.121. (1) Except as provided in ORS 137.635, each inmate
sentenced to the custody of the Department of Corrections for
felonies committed on or after November 1, 1989, is eligible for
a reduction in the term of incarceration for:
(a) Appropriate institutional behavior, as defined by rule of
the Department of Corrections; and
(b)(A) Participation in the adult basic skills development
program described in ORS 421.084; or
(B) Obtaining a high school diploma, a General Educational
Development (GED) certificate, a certificate or degree from a
post-secondary education institution as defined in ORS 337.511 or
a journey level certification from a registered apprenticeship
program as defined in ORS 660.010. The reduction described in
this subparagraph may not exceed a period of 60 days.
(2)(a) The maximum amount of time credits earned for
appropriate institutional behavior, for participation in the
adult basic skills development program described in ORS 421.084
or for obtaining a diploma, certificate or degree described in
subsection (1)(b)(B) of this section may not exceed 30 percent of
the total term of incarceration in a Department of Corrections
institution.
(b) Notwithstanding paragraph (a) of this subsection, the
maximum amount of time credits earned under this section may not
exceed 20 percent of the total term of incarceration in a
Department of Corrections institution that is imposed in a
criminal action described in subsection (3) of this section.
(3) Subsection (2)(b) of this section applies to the total term
of incarceration that is imposed in a criminal action in which:
(a) The parties stipulate that the inmate is subject to
subsection (2)(b) of this section;
(b) The inmate is convicted of an offense that was committed
less than five years after the inmate completed serving a
sentence for:
(A) A person felony; or
(B) A crime described in paragraph (e) of this subsection;
(c) The inmate is convicted of a person felony;
(d) The inmate is convicted of an offense involving the use or
threatened use of a firearm; or
(e) The inmate is convicted of any of the following crimes:
(A) Subjecting another person to involuntary servitude in the
second degree under ORS 163.263;
(B) Subjecting another person to involuntary servitude in the
first degree under ORS 163.264;
(C) Trafficking in persons under ORS 163.266;
(D) Coercion under ORS 163.275;
(E) Online sexual corruption of a child in the second degree
under ORS 163.432;
(F) Online sexual corruption of a child in the first degree
under ORS 163.433;
(G) Aggravated theft in the first degree under ORS 164.057, if:
(i) The victim of the theft was 65 years of age or older at the
time of the commission of the offense; and
(ii) The value of the property stolen from the victim described
in sub-subparagraph (i) of this subparagraph, in a single or
aggregate transaction, is $10,000 or more;
(H) Treason under ORS 166.005;
(I) Abuse of a corpse in the second degree under ORS 166.085;
(J) Racketeering activities under ORS 166.720;
(K) Luring a minor under ORS 167.057;
(L) Assaulting a law enforcement animal under ORS 167.339;
(M) A sex crime as defined in ORS 181.594;
(N) Causing another person to ingest a controlled substance
under ORS 475.908;
(O) Applying a controlled substance to the body of another
person under ORS 475.910;
(P) Driving while under the influence of intoxicants under ORS
813.010 (5); or
(Q) An attempt, conspiracy { - or - } { + , + } solicitation
{ + or aggravated solicitation + } to commit an offense
described in this paragraph or in paragraph (c) or (d) of this
subsection.
(4) The time credits may not be used to shorten the term of
actual prison confinement to less than six months.
(5) The department shall adopt rules pursuant to the rulemaking
provisions of ORS chapter 183 to establish a process for
granting, retracting and restoring the time credits earned by the
offender as allowed in subsections (1) to (4) of this section.
(6) As used in this section:
(a) 'Completed serving a sentence' includes the completion of
any term of probation, parole or post-prison supervision.
(b) 'Person felony' has the meaning given that term in the
rules of the Oregon Criminal Justice Commission.
SECTION 17. ORS 443.004 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 or an adult foster
home;
(b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
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)(a) A home health agency shall conduct a criminal background
check before hiring or contracting with an individual and before
allowing an individual to volunteer to provide services on behalf
of the home health agency, if the individual will have direct
contact with a patient of the home health agency.
(b) An in-home care agency shall conduct a criminal background
check before hiring or contracting with an individual and before
allowing an individual to volunteer to provide services on behalf
of the in-home care agency, if the individual will have direct
contact with a client of the in-home care agency.
(c) The authority shall prescribe by rule the process for
conducting a criminal background check.
(3) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of support services or a resident of a residential
facility or an adult foster home, of an individual, other than a
mental health or substance abuse treatment provider, 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 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 { + or aggravated 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.
(4) If the criminal background check conducted by a home health
agency or in-home care agency under subsection (2) of this
section reveals that the individual who is subject to the
criminal background check has been convicted of any of the crimes
described in subsection (3) of this section, the home health
agency or in-home care agency may not employ the individual.
(5) Public funds may not be used to support, in whole or in
part, the employment, in any capacity having contact with a
recipient of support services or a resident of a residential
facility or an adult foster home, of a mental health or substance
abuse treatment provider who has been convicted of committing, or
convicted of an attempt, conspiracy { - or - } { + , + }
solicitation { + or aggravated solicitation + } to commit, a
crime described in ORS 163.095, 163.115, 163.375, 163.405,
163.411 or 163.427.
(6) Upon the request of a mental health or substance abuse
treatment provider, the department or authority shall maintain a
record of the results of any fitness determination made under ORS
181.534 (11) and (12). The department or authority may disclose
the record only to a person the provider specifically authorizes,
by a written release, to receive the information.
(7) 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.
(8) 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) 'Mental health or substance abuse treatment provider '
means:
(A) A peer support specialist;
(B) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide treatment for individuals with alcohol or drug
dependence;
(C) An individual who provides treatment or services for
persons with substance use disorders; or
(D) An individual who provides mental health treatment or
services.
(f) '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.
(g) 'Residential facility' has the meaning given that term in
ORS 443.400.
SECTION 18. ORS 135.737 is amended to read:
135.737. In an accusatory instrument for perjury, attempted
perjury, solicitation of perjury { + , aggravated solicitation of
perjury + } or conspiracy to commit perjury it is sufficient to
set forth the substance of the controversy or matter in respect
to which the crime was committed, in what court or before whom
the oath alleged to be false was taken and that the court or
person before whom it was taken had authority to administer it,
with proper allegations of the falsity of the matter on which the
perjury is assigned; but the accusatory instrument need set forth
neither the pleadings, record or proceedings with which the oath
is connected nor the commission or authority of the court or
person before whom the perjury was committed.
SECTION 19. ORS 131.125 is amended to read:
131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy { - or - }
{ + , + } solicitation { + or aggravated 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 { + or
aggravated 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) Strangulation under ORS 163.187 (4).
(b) Criminal mistreatment in the first degree under ORS
163.205.
(c) Rape in the third degree under ORS 163.355.
(d) Rape in the second degree under ORS 163.365.
(e) Rape in the first degree under ORS 163.375.
(f) Sodomy in the third degree under ORS 163.385.
(g) Sodomy in the second degree under ORS 163.395.
(h) Sodomy in the first degree under ORS 163.405.
(i) Unlawful sexual penetration in the second degree under ORS
163.408.
(j) Unlawful sexual penetration in the first degree under ORS
163.411.
(k) Sexual abuse in the second degree under ORS 163.425.
(L) 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) Incest under ORS 163.525.
(p) Promoting prostitution under ORS 167.012.
(q) Compelling prostitution under ORS 167.017.
(r) 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,
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) 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) 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) 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.
(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 20. ORS 167.164 is amended to read:
167.164. (1) On and after December 1, 1991, a person commits
the crime of possession of a gray machine if the person
manufactures, sells, leases, transports, places, possesses or
services a gray machine or conducts or negotiates a transaction
affecting or designed to affect the ownership, custody or use of
a gray machine.
(2) Possession of a gray machine is a Class C felony.
(3) Violation of, solicitation to violate, { + aggravated
solicitation to violate, + } attempt to violate or conspiracy to
violate subsection (1) of this section constitutes prohibited
conduct for purposes of ORS chapter 131A, and shall give rise to
civil in rem forfeiture as provided in ORS chapter 131A. A
judgment providing for forfeiture may direct that the machine be
destroyed.
(4) It is a defense to a charge of possession of a gray machine
if the machine that caused the charge to be brought was
manufactured prior to 1958 and was not operated for purposes of
unlawful gambling.
SECTION 21. { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
----------
