Bill Text: OR SB408 | 2011 | Regular Session | Introduced

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

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Bill Title: Relating to sex offenders; and declaring an emergency.

Sponsorship: Unknown

Status: (Passed) 2011-06-07 - Effective date, June 7, 2011. [SB408 Detail]

Download: Oregon-2011-SB408-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1927

                         Senate Bill 408

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Modifies provisions related to juvenile sex offenders.
Requires person adjudicated for Class A or Class B felony sex
crime to report as sex offender under certain circumstances.
Modifies ability of juvenile sex offender to obtain relief from
obligation to report.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; amending ORS
  21.110, 93.275, 181.589, 181.590, 181.592, 181.594, 181.595,
  181.596, 181.597, 181.598, 181.599, 181.602, 181.604, 181.606,
  181.820, 181.823, 181.826, 181.830, 181.875, 417.042 and
  696.880 and section 13, chapter 659, Oregon Laws 2009; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  (1) Unless the juvenile court enters an order
under ORS 181.823 or 181.826 relieving a person of the obligation
to report as a sex offender, subsections (2) to (4) of this
section apply to a person:
  (a) Who the juvenile court has ordered under section 2 of this
2011 Act to report as a sex offender; or
  (b) Who has been found in a juvenile adjudication in another
United States court to have committed an act while the person was
under 18 years of age that would constitute a Class A or Class B
felony sex crime if committed in this state by an adult.
  (2) A person described in subsection (1) of this section shall
make an initial report, in person, to the Department of State
Police, a city police department or a county sheriff's office:
  (a) Within 10 days following the termination of juvenile court
jurisdiction over the person or, if the person is placed under
the jurisdiction of the Psychiatric Security Review Board, within
10 days following the person's discharge from the jurisdiction of
the board; or
  (b) If the person was adjudicated for the act giving rise to
the obligation to report in another United States court, no later
than six months after moving into this state or six months after

the person learns of the obligation to report under this section,
whichever is later.
  (3) After making the initial report described in subsection (2)
of this section, the person shall report, in person, to the
Department of State Police, a city police department or a county
sheriff's office:
  (a) Within 10 days of a change of residence;
  (b) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (c) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (d) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (4) When a person described in subsection (1) of this section
attends school or works in this state, resides in another state
and is not otherwise required to report as a sex offender under
this section or ORS 181.595, 181.596 or 181.597, the person shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office no later than 10
days after:
  (a) The first day of school attendance or the 14th day of
employment in this state; and
  (b) A change in school enrollment or employment.
  (5) The agency to which a person reports under this section
shall complete a sex offender registration form concerning the
person when the person reports under this section.
  (6) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department
or the county sheriff's office:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police.
  (7) The obligation to report under this section is terminated
if the adjudication that gave rise to the obligation is reversed
or vacated. + }
  SECTION 2.  { + (1)(a) The state, acting through the district
attorney, the Attorney General or, when authorized by the
district attorney, the juvenile department counselor, may move
the juvenile court for an order requiring a youth offender or
young person to report as a sex offender under section 1 of this
2011 Act if the youth offender or young person is found to have
committed an act that would constitute a Class A or Class B
felony sex crime as defined in ORS 181.594 if committed by an
adult.
  (b) The motion may not be filed more than six months before, or
at any time after, the termination of juvenile court jurisdiction
over the youth offender or, if the young person is placed under
the jurisdiction of the Psychiatric Security Review Board, the
young person is discharged from the jurisdiction of the board.
  (2) The juvenile court shall enter an order requiring the youth
offender or young person to report as a sex offender under
section 1 of this 2011 Act if the court finds by clear and
convincing evidence that the youth offender or young person poses
an ongoing risk to engage in unlawful sexual acts with minors or
unlawful sexual acts involving the use or threatened use of
force.
  (3) When the juvenile court enters an order described in
subsection (2) of this section, the court shall ensure that the
youth offender or young person completes a form that documents
the obligation to report under section 1 of this 2011 Act. No
later than three working days after the youth offender or young
person completes the form required under this subsection, the
court shall ensure that the form is sent to the Department of
State Police.
  (4) A youth offender or young person who is the subject of a
motion described in subsection (1) of this section has the right
to be represented by suitable legal counsel possessing skills and
experience commensurate with the nature and complexity of the
case, to consult with counsel prior to the hearing on the motion
and, if financially eligible, to have suitable counsel appointed
at state expense.
  (5) Notwithstanding ORS 419C.005 (4)(e), the juvenile court
retains jurisdiction over a young person for purposes of this
section. + }
  SECTION 3.  { + No later than January 31, 2012, the Department
of State Police shall remove from the Law Enforcement Data System
the sex offender information obtained from sex offender
registration forms submitted under ORS 181.595, 181.596 or
181.597 for any person who has reported as a sex offender solely
as the result of a juvenile adjudication for a misdemeanor or
Class C felony. + }
  SECTION 4. ORS 181.826 is amended to read:
  181.826. (1)   { - Except as provided in subsection (6) of this
section, when a person is required to report under ORS 181.595,
181.596 or 181.597 as a result of having - }  { +  A person who
has + } been found in a juvenile adjudication in another United
States court to have committed an act while the person was under
18 years of age that would constitute a  { + Class A or Class B
felony  + }sex crime if committed in this state by an adult
 { - , the person - }  may file a petition in the circuit court
of the county in which the person resides for an order relieving
the person of the duty to report
  { - if: - }  { + . If the person:
  (a) Resides in this state and is required to report under
section 1 (2) or (3) of this 2011 Act, the petition must be
filed:
  (A) In the juvenile court of the county in which the person
resides; and
  (B) No later than six months after the person learns of the
obligation to report under section 1 of this 2011 Act or six
months after the person moves into this state, whichever is
later.
  (b) Resides in another state and is required to report under
section 1 (4) of this 2011 Act, the petition must be filed:
  (A) In the juvenile court of the county in which the person
attends school or works; and
  (B) No later than six months after the person's first day of
school attendance or first day of employment or six months after
the person learns of the obligation to report under section 1 of
this 2011 Act, whichever is later. + }
    { - (a) The person has been registered as a sex offender in
this state for at least two years; - }
    { - (b) At least two years, but not more than five years,
have elapsed since the termination of supervision on probation or
parole; and - }
    { - (c) - }  { +  (2) + } The person   { - submits - }  { +
must submit + } with the petition all releases and waivers
necessary to allow the district attorney for the county in which
the petition is filed to obtain the following documents from the
jurisdiction in which the person was adjudicated for the act for
which reporting is required:
    { - (A) - }  { +  (a) + } The juvenile court petition;
    { - (B) - }  { +  (b) + } The dispositional report to the
court;
    { - (C) - }  { +  (c) + } The order of adjudication or
jurisdiction;
    { - (D) - }  { +  (d) + } Any other relevant court documents;
    { - (E) - }  { +  (e) + } The police report relating to the
act for which reporting is required;
    { - (F) - }  { +  (f) + } The order terminating jurisdiction
for the act for which reporting is required; and
    { - (G) - }  { +  (g) + } The evaluation and treatment
records or reports of the person that are related to the act for
which reporting is required.
   { +  (3) When a petition is timely filed under this section,
the obligation to report under section 1 of this 2011 Act is
stayed until the juvenile court rules on the merits of the
petition. + }
    { - (2) - }  { +  (4) + } A person filing a petition under
this section has the burden of proving by clear and convincing
evidence that the person   { - is rehabilitated and does not pose
a threat to the safety of the public - }  { +  does not pose an
ongoing risk to engage in unlawful sexual acts with minors or
unlawful sexual acts involving the use or threatened use of
force + }.
    { - (3) - }  { +  (5) + } Unless the court finds good cause
for a continuance, the court shall hold a hearing on the petition
no sooner than 90 days and no later than 150 days after the date
the petition is filed.
    { - (4) Notwithstanding subsection (1)(b) of this section, if
a person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years. - }
    { - (5) If a person who files a petition under this section
is required to report as a sex offender for having committed an
act that if committed in this state could have subjected the
person to prosecution as an adult under ORS 137.707, the court
may not grant the petition notwithstanding the fact that the
person has met the burden of proof established in subsection (2)
of this section unless the court determines that to do so is in
the interest of public safety. - }
    { - (6) This section does not apply to a person who is
required to register as a sex offender for life in the
jurisdiction in which the offense occurred. - }
    { - (7) - }  { +  (6) + } In a hearing under this section,
the court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determination and findings required under this section. As
used in this subsection, 'relevant evidence' has the meaning
given that term in ORS 40.150.
    { - (8) - }  { +  (7) + } If the court is satisfied by clear
and convincing evidence that the person   { - is rehabilitated
and that the person does not pose a threat to the safety of the
public - }  { +  does not pose an ongoing risk to engage in
unlawful sexual acts with minors or unlawful sexual acts
involving the use or threatened use of force + }, the court shall
enter an order relieving the person of the duty to report. When
the court enters an order under this subsection, the person shall
send a certified copy of the court order to the Department of
State Police.
  SECTION 5. ORS 181.823 is amended to read:
  181.823. (1)  { - (a) - }  No sooner than two years  { - , but
no later than five years, after the termination of juvenile court
jurisdiction or, if the person was placed under the jurisdiction
of the Psychiatric Security Review Board under ORS 419C.529,
board jurisdiction over a person required to report under ORS
181.595, 181.596 or 181.597, - }   { + after a person required to
report under section 1 of this 2011 Act makes an initial report
as a sex offender,  + }the person may file a petition for relief
from the duty to report. The person must file the petition { + :
  (a) + } In the juvenile court in which the person was
adjudicated for the act that requires reporting { + , if the
person was adjudicated for the act in this state;
  (b) In the juvenile court of the county in which the person
resides, if the person resides in this state and was adjudicated
for the act that requires reporting in another United States
court; or
  (c) In the juvenile court of the county in which the person
attends school or works, if the person was adjudicated for the
act that requires reporting in another United States court and is
required to report under section 1 (4) of this 2011 Act + }.
    { - (b) - }  { +  (2)(a) + } The juvenile court in which a
petition under this section is filed may transfer the matter to
the juvenile court of the county that last supervised the person
if the court determines that the convenience of the parties, the
victim and witnesses require the transfer.
    { - (c) - }  { +  (b) + } The juvenile court has exclusive
original jurisdiction in any proceeding under this section.
    { - (d) - }  { +  (c) + } The person, the district attorney
and the juvenile department are parties to a hearing on a
petition filed under this section.
    { - (2) - }  { +  (3) + }   { - When a person files a
petition under this section and the petition was - }  { +  When a
petition filed under this section is + } filed:
  (a)   { - No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction, the state - }   { + Less than
four years after a person makes an initial report as a sex
offender, the person  + }has the burden of proving by clear and
convincing evidence that the person is   { - not - }
rehabilitated and   { - continues to - }  { +  does not + } pose
a threat to the safety of the public.
  (b)   { - More than three years, but no later than five years,
after the termination of juvenile court jurisdiction or, if the
person was placed under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529, board jurisdiction, the
person - }   { + Four years or more after a person makes an
initial report as a sex offender, the state + } has the burden of
proving by clear and convincing evidence that the person is
 { + not + } rehabilitated and
  { - does not - }  { +  continues to + } pose a threat to the
safety of the public.
    { - (3) - }  { +  (4) + } In determining whether the state or
the person has met the burden of proof established in subsection
 { - (2) - }  { +  (3) + } of this section, the juvenile court
may consider but need not be limited to considering:
  (a) The extent and impact of any physical or emotional injury
to the victim;
  (b) The nature of the act that subjected the person to the duty
of reporting as a sex offender;
  (c) Whether the person used or threatened to use force in
committing the act;
  (d) Whether the act was premeditated;
  (e) Whether the person took advantage of a position of
authority or trust in committing the act;
  (f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
  (g) The vulnerability of the victim;
  (h) Other acts committed by the person that would be crimes if
committed by an adult and criminal activities engaged in by the
person before and after the adjudication;
  (i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
  (j) The person's willingness to accept personal responsibility
for the act and personal accountability for the consequences of
the act;
  (k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
  (L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
  (A) The availability, duration and extent of the treatment
activities;
  (B) Reports and recommendations from the providers of the
treatment;
  (C) The person's compliance with court, board or supervision
requirements regarding treatment; and
  (D) The quality and thoroughness of the treatment program;
  (m) The person's academic and employment history;
  (n) The person's use of drugs or alcohol before and after the
adjudication;
  (o) The person's history of public or private indecency;
  (p) The person's compliance with and success in completing the
terms of supervision;
  (q) The results of psychological examinations of the person;
  (r) The protection afforded the public by the continued
existence of the records; and
  (s) Any other relevant factors.
    { - (4) - }  { +  (5) + } In a hearing under this section,
the juvenile court may receive testimony, reports and other
evidence without regard to whether the evidence is admissible
under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence
is relevant to the determination and findings required under this
section. As used in this subsection, 'relevant evidence' has the
meaning given that term in ORS 40.150.
    { - (5) - }  { +  (6) + } When a petition is filed under this
section, the state has the right to have a psychosexual
evaluation of the person conducted. The state shall file notice
with the juvenile court of its intention to have the person
evaluated. If the person objects to the evaluator chosen by the
state, the juvenile court for good cause shown may direct the
state to select a different evaluator.
    { - (6) - }  { +  (7) + } As soon as practicable after a
petition has been filed under this section, the district attorney
or juvenile department shall make a reasonable effort to notify
the victim of the crime that the person has filed a petition
seeking relief under this section and, if the victim has
requested, to inform the victim of the date, time and place of a
hearing on the petition in advance of the hearing.
    { - (7)(a) - }  { +  (8)(a) + } When a petition   { - has
been - }  filed under this section   { - and the petition was - }
 { + is + } filed:
  (A)   { - No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction - }  { +  Less than four years
after a person makes an initial report as a sex offender + }, the
court shall hold a hearing on the petition no sooner than 60 days
and no later than 120 days after the date of filing.
  (B)   { - More than three years, but no later than five years,
after the termination of juvenile court jurisdiction or, if the
person was placed under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529, board jurisdiction - }
 { +  Four years or more after the person makes an initial report
as a sex offender + }, the court shall hold a hearing no sooner
than 90 days and no later than 150 days after the date of filing.
  (b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
    { - (8) - }  { +  (9) + } When the state has the burden of
proof under subsection   { - (2) - }  { +  (3)(b) + } of this
section and proves by clear and convincing evidence that the
person is not rehabilitated and continues to pose a threat to the
safety of the public, the court shall deny the petition. When the
person has the burden of proof under subsection   { - (2) - }
 { +  (3)(a) + } of this section and proves by clear and
convincing evidence that the person is rehabilitated and does not
pose a threat to the safety of the public, the court shall grant
the petition.
    { - (9) - }  { +  (10) + } When a juvenile court enters an
order relieving a person of the requirement to report under
 { - ORS 181.595, 181.596 or 181.597 - }  { +  section 1 of this
2011 Act + }, the person shall send a certified copy of the
juvenile court order to the Department of State Police.
    { - (10) - }  { +  (11) + } If a person commits an act that
could be charged as a sex crime listed in ORS 137.707 and the
person is 15, 16 or 17 years of age at the time the act is
committed, the state and the person may stipulate that the person
may not petition for relief under this section as part of an
agreement that the person be subject to the jurisdiction of the
juvenile court rather than being prosecuted as an adult under ORS
137.707.
  SECTION 6. ORS 21.110, as amended by section 16, chapter 659,
Oregon Laws 2009, section 37c, chapter 885, Oregon Laws 2009, and
section 29, chapter 107, Oregon Laws 2010, is amended to read:
  21.110. (1) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect a fee of
$78 from the party filing the pleading or motion if the amount
claimed or in controversy does not exceed $10,000, without regard
to the number of parties named in the pleading or motion.  The
clerk shall collect the same fee for each answer or other first
appearance filed in the action or proceeding.
  (2)(a) Except as otherwise provided by law, at the time of
filing of a complaint or other pleading or motion in the circuit
court for the purpose of commencing an action or other civil
proceeding, the clerk of the circuit court shall collect the
following fees:
  (A) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $117 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
  (B) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225 for each named plaintiff, appellant or
moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $225 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
  (C) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $275 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
  (D) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $325 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
  (E) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375
for each named plaintiff, appellant or moving party. In addition,
if more than one defendant or respondent is named the clerk shall
collect a fee of $375 apiece for the second, third and subsequent
defendants or respondents named in the pleading.
  (b) If at any time a plaintiff, appellant or moving party files
an amended pleading that names one or more additional parties to
a proceeding subject to a fee under paragraph (a) of this
subsection, the clerk of the circuit court shall collect an
additional fee that is equal to the difference between the fee
that was paid and the fee that would have been collected under
paragraph (a) of this subsection if the party or parties had been
named in the original pleading.
  (3) Except as otherwise provided by law, at the time of filing
in the circuit court of an answer or other first appearance in a
proceeding subject to a fee under subsection (2) of this section,
the clerk shall collect the following fees:
  (a) If the amount claimed or in controversy is more than
$10,000, and less than $50,000, the clerk of the circuit court
shall collect a fee of $117. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $117 for each of those defendants or
respondents.
  (b) If the amount claimed or in controversy is $50,000 or more,
and less than $150,000, the clerk of the circuit court shall
collect a fee of $225. If a first appearance is filed jointly for
more than one defendant or respondent, the clerk shall collect a
fee of $225 for each of those defendants or respondents.
  (c) If the amount claimed or in controversy is $150,000 or
more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $275 for each of those defendants or
respondents.
  (d) If the amount claimed or in controversy is $500,000 or
more, and less than $1 million, the clerk of the circuit court
shall collect a fee of $325. If a first appearance is filed
jointly for more than one defendant or respondent, the clerk
shall collect a fee of $325 for each of those defendants or
respondents.
  (e) If the amount claimed or in controversy is $1 million or
more, the clerk of the circuit court shall collect a fee of $375.
If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $375
for each of those defendants or respondents.
  (4) The Chief Justice of the Supreme Court by order may provide
for exemptions from the fees established under subsections (2)
and (3) of this section if exemptions are needed for the
equitable imposition of those fees.
    { - (5) The clerk of the court shall collect the sum of $300
as a flat and uniform filing fee from the petitioner in a
proceeding under ORS 181.823 or 181.826, at the time the petition
is filed.  Fees collected under this subsection shall be
deposited into the Judicial Department Operating Account
established in ORS 1.009. - }
    { - (6)(a) - }  { +  (5)(a) + } Except as otherwise provided
by law, at the time of filing in the circuit court of a complaint
or other pleading or motion for the purpose of commencing an
action or other civil proceeding, including an appeal, that is
not subject to a fee under subsections (1) to   { - (5) - }
 { + (4) + } of this section, the clerk of the circuit court
shall collect a fee of $117 for each named plaintiff, appellant
or moving party. In addition, if more than one defendant or
respondent is named the clerk shall collect a fee of $117 apiece
for the second, third and subsequent defendants or respondents
named in the pleading.
  (b) At the time of filing in the circuit court of an answer or
other first appearance in a proceeding subject to a fee under
paragraph (a) of this subsection, the clerk shall collect a fee
of $117. If a first appearance is filed jointly for more than one
defendant or respondent, the clerk shall collect a fee of $117
for each of those defendants or respondents.
    { - (7) - }  { +  (6) + } For purposes of this section, the
amount claimed or in controversy does not include any amount
claimed as costs and disbursements or attorney fees as defined by
ORCP 68 A.
    { - (8) - }  { +  (7) + } For purposes of this section, the
amount in controversy in an action or other proceeding includes:
  (a) The value of property claimed in actions for the recovery
of specific personal property, and the damages for the detention
of the property.
  (b) Any penalty or forfeiture provided by statute or arising
out of contract.
  (c) The amount claimed for a lien on personal property in an
action to enforce or foreclose the lien.
  (d) The money, or the value of property, deposited or secured
in an interpleader action.
    { - (9) - }  { +  (8) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid by the person filing the document, or if a request for a
fee waiver or deferral is granted by the court. No part of any
such filing fee shall be refunded to any party. The uniform fee
shall cover all services to be performed by the court or clerk in
any such action, suit or proceeding, except where additional fees
are specially authorized by law.
    { - (10) - }  { +  (9) + } Any plaintiff, appellant, moving
party, defendant or respondent that files an action or appearance
that is subject to the filing fees established under subsections
(1) to (3) of this section must include in the caption of the
pleading a statement of the amount claimed.
    { - (11) - }  { +  (10) + } The fees imposed by this section
do not apply to:
  (a) Protective proceedings under ORS chapter 125;
  (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
  (c) Filiation proceedings under ORS 109.124 to 109.230;
  (d) Proceedings to determine custody or support of a child
under ORS 109.103;
  (e) Probate, adoption or change of name proceedings;
  (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
  (g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
    { - (12) - }  { +  (11) + } The fees described in this
section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the
filing of any case, motion, document, stipulated order, process
or other document relating to the provision of support
enforcement services as described in ORS 25.080.
  SECTION 7. ORS 21.110, as amended by section 16, chapter 659,
Oregon Laws 2009, section 37c, chapter 885, Oregon Laws 2009, and
sections 29 and 31, chapter 107, Oregon Laws 2010, is amended to
read:
  21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $107 as a flat and uniform filing fee. In addition, at the
time of filing any appearance in any such action, suit or
proceeding by any defendant or respondent appearing separately,
or upon the part of defendants or respondents appearing jointly,
the clerk shall collect from the party or parties the sum of $107
as a flat and uniform filing fee.
  (2) In the following actions, the clerk of the circuit court
shall collect the sum of $68 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $68 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
  (a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
  (b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
  (c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
  (d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
  (e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
  (f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
    { - (3) The clerk of the court shall collect the sum of $300
as a flat and uniform filing fee from the petitioner in a
proceeding under ORS 181.823 or 181.826, at the time the petition
is filed.  Fees collected under this subsection shall be
deposited into the Judicial Department Operating Account
established in ORS 1.009. - }
    { - (4) - }  { +  (3) + } For purposes of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
    { - (5) - }  { +  (4) + } A pleading or other document shall
be filed by the clerk only if the fee required under this section
is paid by the person filing the document, or if a request for a
fee waiver or deferral is granted by the court. No part of any
such filing fee shall be refunded to any party. The uniform fee
shall cover all services to be performed by the court or clerk in
any such action, suit or proceeding, except where additional fees
are specially authorized by law.
    { - (6) - }  { +  (5) + } Any plaintiff, appellant, moving
party, defendant or respondent that files an action or appearance
that is subject to the filing fees established under subsection
(2) of this section must include in the caption of the pleading
the following words: 'Claim of not more than $10,000.  '
    { - (7) - }  { +  (6) + } The fees imposed by this section do
not apply to:
  (a) Protective proceedings under ORS chapter 125;
  (b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
  (c) Filiation proceedings under ORS 109.124 to 109.230;
  (d) Proceedings to determine custody or support of a child
under ORS 109.103;
  (e) Probate, adoption or change of name proceedings;
  (f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
  (g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
    { - (8) - }  { +  (7) + } The fees described in this section
shall not be charged to a district attorney or to the Division of
Child Support of the Department of Justice for the filing of any
case, motion, document, stipulated order, process or other
document relating to the provision of support enforcement
services as described in ORS 25.080.
  SECTION 8. ORS 181.589 is amended to read:
  181.589. (1) Notwithstanding any other provision of law, the
Department of State Police,   { - the chief of police of - }  a
city police department or a county   { - sheriff - }  { +
sheriff's office + } may notify the public that a person is a
predatory sex offender if:
  (a) The person is required to report under   { - ORS 181.595,
181.596 or 181.597 - }  { +  section 1 of this 2011 Act + } after
being found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a  { +  Class A or Class B felony + } sex crime;
  (b) The person is not under the supervision of the juvenile
court; and
  (c) The Department of State Police,   { - chief of police or
sheriff, - }  { +  city police department or county sheriff's
office, + } after consulting with the person's last primary
supervising agency, determines that the person is a predatory sex
offender as provided in ORS 181.585.
  (2) Notification under subsection (1) of this section may
include any of the following information:
  (a) The person's name and address;
  (b) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
  (c) The type of vehicle the person is known to drive;
  (d) Any conditions or restrictions upon the person's release;
  (e) A description of the person's primary and secondary victims
of choice;
  (f) A description of the person's method of offense;
  (g) A current photograph of the person; and
  (h) The name or work telephone number of the person's parole
and probation officer.
  SECTION 9. ORS 181.590 is amended to read:
  181.590. Upon the request of the Department of State Police,
  { - a chief of police, a county sheriff - }  { +  a city police
department, a county sheriff's office + } or a supervising
agency, a supervising agency or an agency having responsibility
for community notification shall enter into agreements to resolve
concerns regarding community notification. As used in this
section:
  (1) 'Community notification' means the disclosure of
information to the public as provided in ORS 181.585 to 181.587,
181.588 and 181.589.
  (2) 'Supervising agency' means a governmental entity
responsible for supervising a person required to report under ORS
181.595 or 181.596 { +  or section 1 of this 2011 Act + }.
  SECTION 10. ORS 181.592 is amended to read:
  181.592. (1) The Department of State Police shall enter into
the Law Enforcement Data System the sex offender information
obtained from the sex offender registration forms submitted under
 { +  section 1 of this 2011 Act and + } ORS 181.595, 181.596 and
181.597.  The department shall remove from the Law Enforcement
Data System the sex offender information obtained from the sex
offender registration form submitted under { +  section 1 of this
2011 Act or + } ORS 181.595, 181.596 or 181.597 if the conviction
or adjudication that gave rise to the registration obligation is
reversed or vacated or if the registrant is pardoned.
  (2)(a) When a person is under supervision for the first time as
a result of a conviction for an offense requiring reporting as a
sex offender, the Department { +  of State Police + },   { - a
chief of police or a county sheriff - }  { +  a city police
department or a county sheriff's office + } shall release, upon
request, only the following information about the sex offender:
  (A) The sex offender's name and date of birth;
  (B) A physical description of the sex offender and a
photograph, if applicable;
  (C) The name and zip code of the city where the sex offender
resides;
  (D) The name and telephone number of a contact person at the
agency that is supervising the sex offender; and
  (E) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on
a vocation.
  (b) Notwithstanding paragraph (a) of this subsection, if the
sex offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of
State Police,   { - chief of police or county sheriff - }  { +
city police department or county sheriff's office + } shall
release only:
  (A) The sex offender's name and year of birth;
  (B) The name and zip code of the city where the sex offender
resides;
  (C) The name and telephone number of a contact person at the
agency that is supervising the sex offender; and
  (D) The name of institutions of higher education that the sex
offender attends or at which the sex offender works or carries on
a vocation.
  (c) An agency that supervises a sex offender shall release,
upon request, any information that may be necessary to protect
the public concerning the sex offender.
  (3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the
first time as sex offenders, the Department of State Police, a
  { - chief of police or a county sheriff - }  { +  city police
department or a county sheriff's office + } shall release, upon
request, any information that may be necessary to protect the
public concerning sex offenders who reside in a specific area or
concerning a specific sex offender. However, the entity releasing
the information may not release the identity of a victim of a sex
crime.
  (4)(a) The Department  { + of State Police + } may make the
information described in subsections (2) and (3) of this section
available to the public, without the need for a request, by
electronic or other means. The Department  { + of State
Police + } shall make information about a person who is under
supervision for the first time as a result of a conviction for an
offense that requires reporting as a sex offender accessible only
by the use of the sex offender's name. For all other sex
offenders, the Department  { + of State Police + } may make the
information accessible in any manner the department chooses.
  (b) Notwithstanding paragraph (a) of this subsection, the
Department  { + of State Police + } may not use the Internet to
make information available to the public except as required by
paragraph (c) of this subsection.
  (c) Notwithstanding subsections (2) and (3) of this section,
the Department  { + of State Police + } shall use the Internet to
make the information described in paragraph (d) of this

subsection available to the public if the information is about a
person:
  (A) Determined to be a predatory sex offender, as provided in
ORS 181.585, who has also been determined, pursuant to rules of
the agency making the predatory sex offender determination, to
present the highest risk of reoffending and to require the widest
range of notification; or
  (B) Found to be a sexually violent dangerous offender under ORS
144.635.
  (d) The information required to be made available under
paragraph (c) of this subsection is:
  (A) The person's name and address;
  (B) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
  (C) The type of vehicle that the person is known to drive;
  (D) Any conditions or restrictions upon the person's probation,
parole, post-prison supervision or conditional release;
  (E) A description of the person's primary and secondary
targets;
  (F) A description of the person's method of offense;
  (G) A current photograph of the person;
  (H) If the person is under supervision, the name or telephone
number of the person's parole and probation officer; and
  (I) If the person is not under supervision, contact information
for the Department of State Police.
  (5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of
the national sex offender registry in accordance with appropriate
state and federal procedures.
  (6) As used in this section:
  (a) 'Attends,' 'institution of higher education,' 'sex crime,'
'works' and 'carries on a vocation' have the meanings given those
terms in ORS 181.594.
  (b) 'Sex offender' means a person who is required to report
under  { + section 1 of this 2011 Act or + } ORS 181.595, 181.596
or 181.597.
  SECTION 11. ORS 181.594 is amended to read:
  181.594. As used in this section  { + and section 1 of this
2011 Act + } and ORS 181.595, 181.596, 181.597, 181.603, 181.826,
181.830 and 181.833:
  (1) 'Another United States court' means a federal court, a
military court, the tribal court of a federally recognized Indian
tribe or a court of:
  (a) A state other than Oregon;
  (b) The District of Columbia;
  (c) The Commonwealth of Puerto Rico;
  (d) Guam;
  (e) American Samoa;
  (f) The Commonwealth of the Northern Mariana Islands; or
  (g) The United States Virgin Islands.
  (2) 'Attends' means is enrolled on a full-time or part-time
basis.
  (3)(a) 'Correctional facility' means any place used for the
confinement of persons:
  (A) charged with or convicted of a crime or otherwise confined
under a court order.
  (B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
  (b) 'Correctional facility' applies to a state hospital or a
secure intensive community inpatient facility only as to persons
detained therein charged with or convicted of a crime, or
detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370.

  (4) 'Institution of higher education' means a public or private
educational institution that provides a program of post-secondary
education.
  (5) 'Sex crime' means:
  (a) Rape in any degree;
  (b) Sodomy in any degree;
  (c) Unlawful sexual penetration in any degree;
  (d) Sexual abuse in any degree;
  (e) Incest with a child victim;
  (f) Using a child in a display of sexually explicit conduct;
  (g) Encouraging child sexual abuse in any degree;
  (h) Transporting child pornography into the state;
  (i) Paying for viewing a child's sexually explicit conduct;
  (j) Compelling prostitution;
  (k) Promoting prostitution;
  (L) Kidnapping in the first degree if the victim was under 18
years of age;
  (m) Contributing to the sexual delinquency of a minor;
  (n) Sexual misconduct if the offender is at least 18 years of
age;
  (o) Possession of materials depicting sexually explicit conduct
of a child in the first degree;
  (p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
  (q) Online sexual corruption of a child in any degree if the
offender reasonably believed the child to be more than five years
younger than the offender;
  (r) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (q) of this subsection;
  (s) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (q) or (t) of this
subsection; or
  (t) Public indecency or private indecency, if the person has a
prior conviction for a crime listed in this subsection.
  (6) 'Sex offender' means a person who:
  (a) Has been convicted of a sex crime;
  (b) Has been found guilty except for insanity of a sex crime;
    { - (c) Has been found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute a sex crime; - }
    { - (d) - }  { +  (c) + } Is paroled to this state under ORS
144.610 after being convicted in another United States court of a
crime that would constitute a sex crime if committed in this
state; or
    { - (e) Is paroled to or otherwise placed in this state after
having been found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult - }
   { +  (d) Is required to report under section 1 of this 2011
Act + }.
  (7) 'Works' or 'carries on a vocation' means full-time or
part-time employment for more than 14 days within one calendar
year whether financially compensated, volunteered or for the
purpose of governmental or educational benefit.
  SECTION 12. ORS 181.595 is amended to read:
  181.595. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency to which a person reports under
subsection (3) of this section shall complete a sex offender
registration form concerning the person when the person reports
under subsection (3) of this section.
  (b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a

city police department or a county sheriff's office and provide
the supervising agency with proof of the completed registration.
  (2) Subsection (3) of this section applies to a person who:
  (a) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
  (A) Conviction of a sex crime; { +  or + }
  (B) Having been found guilty except for insanity of a sex
crime;   { - or - }
    { - (C) Having been found to be within the jurisdiction of
the juvenile court for having committed an act that if committed
by an adult would constitute a sex crime; - }
  (b) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; { +  or + }
    { - (c) Is paroled to or otherwise placed in this state after
having been found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult; - }
    { - (d) Is discharged or placed on conditional release by the
juvenile panel of the Psychiatric Security Review Board after
having been found to be responsible except for insanity under ORS
419C.411 for an act that would constitute a sex crime if
committed by an adult; or - }
    { - (e) - }  { +  (c) + } Is discharged by the court under
ORS 161.329 after having been found guilty except for insanity of
a sex crime.
  (3)(a) A person described in subsection (2) of this section
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office or, if the
person is under supervision, to the supervising agency:
  (A) Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional
release;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
    { - (b) If the person required to report under this
subsection is a youth offender or young person, as defined in ORS
419A.004, who is under supervision, the person shall report to
the agency supervising the person. - }
    { - (c) - }  { +  (b) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
  (4) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department,
the county sheriff's office or the supervising agency:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;

  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification.
  SECTION 13. ORS 181.596 is amended to read:
  181.596. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency to which a person reports under
subsection (4) of this section shall complete a sex offender
registration form concerning the person when the person reports
under subsection (4) of this section.
  (b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
city police department or a county sheriff's office and provide
the supervising agency with proof of the completed registration.
  (2) Subsection (4) of this section applies to a person who is
discharged, released or placed on probation:
  (a) By the court after being convicted in this state of a sex
crime; { +  or + }
    { - (b) By the juvenile court after being found to be within
the jurisdiction of the juvenile court for having committed an
act that if committed by an adult would constitute a sex
crime; - }
    { - (c) - }  { +  (b) + } To this state under ORS 144.610
after being convicted in another United States court of a crime
that would constitute a sex crime if committed in this state
 { - ; or - }  { + . + }
    { - (d) To this state after having been found by another
United States court to have committed an act while the person was
under 18 years of age that would constitute a sex crime if
committed in this state by an adult. - }
  (3) The court shall ensure that the person completes a form
that documents the person's obligation to report under ORS
181.595 or this section. No later than three working days after
the person completes the form required by this subsection, the
court shall ensure that the form is sent to the Department of
State Police.
  (4)(a) A person described in subsection (2) of this section
shall report, in person, to the Department of State Police, a
city police department or a county sheriff's office or, if the
person is under supervision, to the supervising agency:
  (A) Within 10 days following discharge, release or placement on
probation;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
    { - (b) If the person required to report under this
subsection is a youth offender, as defined in ORS 419A.004, who
is under supervision, the person shall report to the agency
supervising the person. - }
    { - (c) - }  { +  (b) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
  (5) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department,
the county sheriff's office or the supervising agency:
  (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification.
  SECTION 14. ORS 181.597 is amended to read:
  181.597. (1)(a) When a person described in subsection (2) of
this section moves into this state and is not otherwise required
by ORS 181.595 or 181.596 { +  or section 1 of this 2011 Act + }
to report, the person shall report, in person, to the Department
of State Police, a city police department or a county sheriff's
office:
  (A) No later than 10 days after moving into this state;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
  (b) { + (A) + } When a person described in subsection (2) of
this section attends school or works in this state, resides in
another state and is not otherwise required by ORS 181.595 or
181.596 { +  or section 1 of this 2011 Act + } to report, the
person shall report, in person, to the Department of State
Police, a city police department or a county sheriff's office no
later than 10 days after:
    { - (A) - }   { + (i) + } The first day of school attendance
or the 14th day of employment in this state; and
    { - (B) - }   { + (ii) + } A change in school enrollment or
employment.
   { +  (B) As used in this paragraph, 'attends school' means
enrollment in any type of school on a full-time or part-time
basis. + }
  (c) When a person described in subsection (2) of this section
resides in this state at the time of the conviction or
adjudication giving rise to the obligation to report, continues
to reside in this state following the conviction or adjudication
and is not otherwise required by ORS 181.595 or 181.596 { +  or
section 1 of this 2011 Act + } to report, the person shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office:
  (A) Within 10 days following:
  (i) Discharge, release on parole or release on any form of
supervised or conditional release, from a jail, prison or other
correctional facility or detention facility; or
  (ii) Discharge, release or placement on probation, by another
United States court;
  (B) Within 10 days of a change of residence;
  (C) Once each year within 10 days of the person's birth date,
regardless of whether the person has changed residence;
  (D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
  (E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.

    { - (d) As used in paragraph (b) of this subsection, 'attends
school' means enrollment in any type of school on a full-time or
part-time basis. - }
    { - (e) - }   { + (d) + } When a person reports under this
subsection, the agency to which the person reports shall complete
a sex offender registration form concerning the person.
    { - (f) - }   { + (e) + } The obligation to report under this
section terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
  (2) Subsection (1) of this section applies to:
  (a) A person convicted in another United States court of a
crime if the elements of the crime would constitute a sex crime;
 { +  and + }
    { - (b) A person found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult; and - }
    { - (c) - }  { +  (b) + } A person required to register in
another state for having committed a sex offense in that state
regardless of whether the crime would constitute a sex crime in
this state.
  (3) As part of the registration and reporting requirements of
this section:
  (a) The person required to report shall:
  (A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
  (B) Submit to the requirements described in paragraph (b) of
this subsection.
  (b) The Department of State Police, the city police department
or the sheriff's office:
  (A) Shall photograph the person when the person initially
reports under this section, each time the person reports annually
under subsection (1)(a)(C) of this section and each time the
person reports under subsection   { - (1)(b)(B) - }
 { + (1)(b)(A)(ii) + } of this section;
  (B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
  (C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police bureau of criminal identification.
  SECTION 15. ORS 181.598 is amended to read:
  181.598. (1) Agencies required to register offenders under
 { +  section 1 of this 2011 Act and + } ORS 181.595, 181.596 and
181.597 shall use forms provided by the Department of State
Police. The department shall include places on the form to list
all the names used by the offender and the address of the
offender. No later than three working days after registration,
the agency or official completing the form shall:
  (a) Send the original copy of the registration form to the
department; or
  (b) Forward the registration information to the department by
any means and, within 10 working days after registration, send
the original copy of the registration form to the department.
  (2) If the person is no longer under supervision, the
department shall verify the residence address of a person
determined to be a sexually violent dangerous offender as defined
in ORS 137.765 every 90 days by mailing a verification form to
the person at the person's last reported residence address. No
later than 10 days after receiving the form, the person shall
sign and return the form to the department.
  (3) The department shall assess a person who is required to
report under  { + section 1 of this 2011 Act or + } ORS 181.595,
181.596 or 181.597 and who is not under supervision a fee of $70
each year.  Moneys received by the department under this
subsection are continuously appropriated to the department for
the purpose of carrying out the department's duties under
 { + section 1 of this 2011 Act and + } ORS 181.585 to 181.587,
181.588, 181.589, 181.594, 181.595, 181.596, 181.597, 181.598,
181.599, 181.601, 181.602, 181.603, 181.604, 181.605, 181.606 and
181.820.
  SECTION 16. ORS 181.599 is amended to read:
  181.599. (1) A person who is required to report as a sex
offender under  { + section 1 of this 2011 Act or + } ORS
181.595, 181.596 or 181.597 and who has knowledge of the
reporting requirement commits the crime of failure to report as a
sex offender if the person:
  (a) Fails to make the initial report to an agency;
  (b) Fails to report when the person works at, carries on a
vocation at or attends an institution of higher education;
  (c) Fails to report following a change of school enrollment or
employment status, including enrollment, employment or vocation
status at an institution of higher education;
  (d) Moves to a new residence and fails to report the move and
the person's new address;
  (e) Fails to make an annual report;
  (f) Fails to provide complete and accurate information;
  (g) Fails to sign the sex offender registration form as
required; or
  (h) Fails to submit to fingerprinting or to having a photograph
taken of the person's face, identifying scars, marks or tattoos.
  (2) Except as otherwise provided in subsection (3) of this
section, failure to report as a sex offender is a Class A
misdemeanor.
  (3) Failure to report as a sex offender is a Class C felony if
the person violates:
  (a) Subsection (1)(a) of this section; or
  (b) Subsection (1)(b), (c), (d) or (g) of this section and the
crime for which the person is required to report is a felony.
  (4) A person who fails to sign and return an address
verification form as required by ORS 181.598 (2) commits a
violation.
  SECTION 17. ORS 181.602, as amended by section 1, chapter 51,
Oregon Laws 2010, is amended to read:
  181.602. (1) The purpose of  { + section 1 of this 2011 Act
and + } ORS 181.594, 181.595, 181.596, 181.597, 181.598, 181.599
and 181.601 is to assist law enforcement agencies in preventing
future sex offenses.
  (2) The Department of State Police may adopt rules to carry out
the provisions of  { + section 1 of this 2011 Act and + } ORS
181.585 to 181.587, 181.588, 181.589, 181.590, 181.592, 181.593,
181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.601,
181.603, 181.604, 181.605, 181.606, 181.820, 181.823, 181.826,
181.830, 181.832 and 181.833.
  SECTION 18. ORS 181.604 is amended to read:
  181.604. When the Department of State Police learns that a
person required to report under  { + section 1 of this 2011 Act
or + } ORS 181.595, 181.596 or 181.597 is moving to another
state, the department shall notify the appropriate criminal
justice agency of that state of that fact. The department is not
responsible for registering and tracking a person once the person
has moved from this state.
  SECTION 19. ORS 181.606, as amended by section 2, chapter 51,
Oregon Laws 2010, is amended to read:
  181.606. A public agency and its employees are immune from
liability, both civil and criminal, for the good faith
performance of the agency's or employee's duties under
 { + section 1 of this 2011 Act and + } ORS 181.585 to 181.587,
181.588, 181.589, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.601 and 181.820.
  SECTION 20. ORS 181.820 is amended to read:
  181.820. (1)(a) No sooner than 10 years after termination of
supervision on probation, conditional release, parole or
post-prison supervision, a person required to report under ORS
181.595, 181.596 or 181.597 may file a petition in circuit court
for an order relieving the person of the duty to report if:
  (A) The person has only one conviction for  { - , or juvenile
court finding of jurisdiction based on, - }  a sex crime;
  (B) The sex crime was a misdemeanor or Class C felony or, if
committed in another state, would have been a misdemeanor or
Class C felony if committed in this state; and
  (C) The person has not been determined to be a predatory sex
offender as described in ORS 181.585.
  (b)(A) Except as otherwise provided in this paragraph, the
petition must be filed in the circuit court of the county in
which the person was convicted of  { - , or found to be within
the jurisdiction of the juvenile court based on, - }  the sex
crime.
  (B) If the person was convicted of  { - , or found to be within
the jurisdiction of the juvenile court based on, - }  the sex
crime in another state, the petition must be filed in the circuit
court of the county in which the person resides.
  (c) The district attorney of the county in which the petition
is filed shall be named and served as the respondent in the
petition.
  (2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
  (a) The nature of the offense that required reporting;
  (b) The age and number of victims;
  (c) The degree of violence involved in the offense;
  (d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
reporting;
  (e) The period of time during which the petitioner has not
reoffended;
  (f) Whether the petitioner has successfully completed a
court-approved sex offender treatment program; and
  (g) Any other relevant factors.
  (3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to report.
When the court enters an order under this subsection, the
petitioner shall send a certified copy of the court order to the
Department of State Police.
  SECTION 21. ORS 181.830 is amended to read:
  181.830. A person otherwise required to report under ORS
181.595, 181.596 or 181.597 is not required to report, and if
currently reporting is no longer required to report, if:
  (1)(a) The person has been convicted of:
  (A) Rape in the third degree as defined in ORS 163.355;
  (B) Sodomy in the third degree as defined in ORS 163.385;
  (C) Sexual abuse in the third degree as defined in ORS 163.415;
  (D) Contributing to the sexual delinquency of a minor as
defined in ORS 163.435;
  (E) Sexual misconduct as defined in ORS 163.445; or
  (F) An attempt to commit an offense listed in subparagraphs (A)
to (E) of this paragraph;
  (b) The person has been found guilty except for insanity of an
offense listed in paragraph (a) of this subsection; { +  or + }
    { - (c) The person has been found to be within the
jurisdiction of the juvenile court for having committed an act
that if committed by an adult would constitute an offense listed
in paragraph (a) of this subsection; or - }
    { - (d) - }  { +  (c) + } The person   { - is paroled to this
state under ORS 144.610 after being - }  { +  has been + }
convicted in another United States court of a crime that would
constitute an offense listed in paragraph (a) of this subsection;
  (2)(a) The person is less than five years older than the
victim;
  (b) The victim's lack of consent was due solely to incapacity
to consent by reason of being less than a specified age;
  (c) The victim was at least 14 years of age at the time of the
offense or act;
  (d) Except for the convictions or findings described in
subsection (1) of this section, the person has not been convicted
of, found guilty except for insanity of, or found to be within
the jurisdiction of the juvenile court based on, a sex crime or
an offense, in another United States court, for conduct that if
committed in this state would constitute a sex crime; and
  (e) Each conviction or finding described in subsection (1) of
this section involved the same victim; and
  (3) The court enters an order relieving the person of the
requirement to report under ORS 181.832 or 181.833.
  SECTION 22. ORS 93.275 is amended to read:
  93.275. (1) The following are among incidents that are not
material facts to a real property transaction:
  (a) The fact or suspicion that the real property or a
neighboring property was the site of a death by violent crime, by
suicide or by any other manner;
  (b) The fact or suspicion that the real property or a
neighboring property was the site of a crime, political activity,
religious activity or any other act or occurrence that does not
adversely affect the physical condition of or title to real
property;
  (c) The fact or suspicion that an owner or occupant of the real
property has or had human immunodeficiency virus or acquired
immune deficiency syndrome;
  (d) The fact or suspicion that a   { - convicted - }  sex
offender registered under  { + section 1 of this 2011 Act or + }
ORS 181.595, 181.596 or 181.597 resides in the area; and
  (e) The fact that a notice has been received that a neighboring
property has been determined to be not fit for use under ORS
453.876.
  (2) The Legislative Assembly finds that there is no known risk
of the transmission of human immunodeficiency virus or acquired
immune deficiency syndrome by casual contact.
  SECTION 23. ORS 181.875 is amended to read:
  181.875. (1) An applicant for certification as a private
security professional:
  (a) Must be:
  (A) At least 18 years of age, if an applicant for certification
as an unarmed private security professional; or
  (B) At least 21 years of age, if an applicant for certification
as an armed private security professional;
  (b) Must have satisfactorily completed training requirements
approved by the Board on Public Safety Standards and Training;
and
  (c) Must not be required to register or be registered as a sex
offender under  { + section 1 of this 2011 Act or + } ORS
181.595, 181.596 or 181.597.
  (2) The Department of Public Safety Standards and Training, in
consultation with the board, shall adopt rules specifying those
crimes for which a conviction requires the denial or revocation
of certification as a private security professional or
instructor.
  SECTION 24. ORS 417.042 is amended to read:
  417.042. Before granting permission to a sending state to
authorize an adjudicated delinquent on probation or parole to
reside in this state, the Juvenile Compact Administrator
described in ORS 417.040 shall determine whether the adjudicated
delinquent
  { - is - }  { +  may be + } required to report as a sex
offender under   { - ORS 181.595, 181.596 or 181.597 - }  { +
section 1 of this 2011 Act + }. If the adjudicated delinquent
 { - is - }  { +  may be + } required to report as a sex
offender, the Juvenile Compact Administrator shall, before
granting permission for the adjudicated delinquent to reside in
this state, make a diligent effort to ensure that the sending
state notifies the adjudicated delinquent of the obligation to
report { +  described in section 1 of this 2011 Act and the
procedures for obtaining relief from that obligation described in
ORS 181.823 and 181.826 + }.
  SECTION 25. ORS 696.880 is amended to read:
  696.880. Nothing in ORS 181.586, 181.587, 181.588, 181.589,
696.301, 696.805, 696.810, 696.815 or 696.855 creates an
obligation on the part of a person licensed under this chapter to
disclose to a potential purchaser of residential property that a
  { - convicted - }  sex offender registered under { +  section 1
of this 2011 Act or + } ORS 181.595, 181.596 or 181.597 resides
in the area.
  SECTION 26. Section 13, chapter 659, Oregon Laws 2009, as
amended by section 27, chapter 107, Oregon Laws 2010, is amended
to read:
   { +  Sec. 13. + } (1) Notwithstanding ORS 21.110
 { - (11)(g) - }   { + (10)(g) + }, when a person files a
third-party complaint in a civil action, suit or proceeding in
circuit court, the clerk of the court shall collect from the
third-party plaintiff the same fees, charges and surcharges that
would be required of a plaintiff filing the same complaint in an
original action. Fees collected under this section are subject to
ORS 21.110   { - (9) - }   { + (8) + }.
  (2) When a third-party defendant files an appearance in a civil
action, suit or proceeding in circuit court, the clerk of the
court shall collect the same fees, charges and surcharges that
would be required of a defendant filing the same appearance in an
original action.
  (3) This section applies only to third-party complaints and
appearances filed on or after October 1, 2009, and before July 1,
2011.
  (4) All amounts imposed as fees under this section shall be
deposited in the Judicial System Surcharge Account.
  (5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts imposed under this section.
  SECTION 27. Section 13, chapter 659, Oregon Laws 2009, as
amended by section 27, chapter 107, Oregon Laws 2010, and section
26 of this 2011 Act, is amended to read:
   { +  Sec. 13. + } (1) Notwithstanding ORS 21.110
 { - (10)(g) - }   { + (6)(g) + }, when a person files a
third-party complaint in a civil action, suit or proceeding in
circuit court, the clerk of the court shall collect from the
third-party plaintiff the same fees, charges and surcharges that
would be required of a plaintiff filing the same complaint in an
original action. Fees collected under this section are subject to
ORS 21.110   { - (8) - }   { + (4) + }.
  (2) When a third-party defendant files an appearance in a civil
action, suit or proceeding in circuit court, the clerk of the
court shall collect the same fees, charges and surcharges that
would be required of a defendant filing the same appearance in an
original action.
  (3) This section applies only to third-party complaints and
appearances filed on or after October 1, 2009, and before July 1,
2011.
  (4) All amounts imposed as fees under this section shall be
deposited in the Judicial System Surcharge Account.

  (5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from
amounts imposed under this section.
  SECTION 28.  { + Section 1 of this 2011 Act applies to a person
who:
  (1) On or after January 1, 2012, is found to be within the
jurisdiction of the juvenile court for having committed an act
that would constitute a Class A or Class B felony sex crime if
committed by an adult; or
  (2) On or after January 1, 2012, is found in a juvenile
adjudication in another United States court to have committed an
act while the person was under 18 years of age that would
constitute a Class A or Class B felony sex crime if committed in
this state by an adult. + }
  SECTION 29.  { + (1) Notwithstanding section 1 (1) or 28 of
this 2011 Act, unless the juvenile court enters an order
relieving the person of the obligation to report as a sex
offender, the reporting requirements described in section 1 (3)
to (6) apply to a person who:
  (a) Before January 1, 2012, is found to be within the
jurisdiction of the juvenile court for having committed an act
that would constitute a Class A or Class B felony sex crime if
committed by an adult; or
  (b) Before January 1, 2012, is found in a juvenile adjudication
in another United States court to have committed an act while the
person was under 18 years of age that would constitute a Class A
or Class B felony sex crime if committed in this state by an
adult.
  (2) A person described in subsection (1) of this section who,
but for the amendments to ORS 181.595, 181.596 or 181.597 by
sections 12, 13 and 14 of this 2011 Act, would be required to
make an initial report as a sex offender on or after January 1,
2012, shall make an initial report, that complies with section 1
(6) of this 2011 Act, no later than the date described in section
1 (2)(a) or (b), whichever is applicable. + }
  SECTION 30.  { + Section 2 of this 2011 Act is added to and
made a part of ORS chapter 419C. + }
  SECTION 31.  { + Section 2 of this 2011 Act applies to a person
who, on or after January 1, 2012, is found to be within the
jurisdiction of the juvenile court for having committed an act
that would constitute a Class A or Class B felony sex crime as
defined in ORS 181.594 if committed by an adult. + }
  SECTION 32.  { + The amendments to ORS 181.826 by section 4 of
this 2011 Act apply only to a person who, on or after January 1,
2012, is found in a juvenile adjudication in another United
States court to have committed an act while the person was under
18 years of age that would constitute a Class A or Class B felony
sex crime if committed in this state by an adult. + }
  SECTION 33.  { + (1) Sections 1, 2 and 3 of this 2011 Act and
the amendments to ORS 93.275, 181.589, 181.590, 181.592, 181.594,
181.595, 181.596, 181.597, 181.598, 181.599, 181.602, 181.604,
181.606, 181.820, 181.823, 181.826, 181.830, 181.875, 417.042 and
696.880 by sections 4, 5 and 8 to 25 of this 2011 Act become
operative January 1, 2012.
  (2) The amendments to section 13, chapter 659, Oregon Laws
2009, by section 27 of this 2011 Act become operative July 1,
2011. + }
  SECTION 34.  { + Section 3 of this 2011 Act is repealed on
January 2, 2013. + }
  SECTION 35.  { + 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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