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

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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to SB 408

LC 1927/SB 408-3

                      SENATE AMENDMENTS TO
                         SENATE BILL 408

                    By COMMITTEE ON JUDICIARY

                            April 29

  On page 1 of the printed bill, line 4, delete 'section 13 ' and
insert 'sections 13 and 17'.
  Delete lines 7 through 29 and delete pages 2 through 6 and
insert:
  '  { +  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 has been found to be within the jurisdiction of the
juvenile court under ORS 419C.005, or found by the juvenile court
to be responsible except for insanity under ORS 419C.411, for
having committed an act that if committed by an adult would
constitute a felony sex crime; 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 felony sex crime if
committed in this state by an adult.
  ' (2) A person described in subsection (1) of this section who
resides in this state shall make an initial report, in person, to
the Department of State Police, a city police department or a
county sheriff's office as follows:
  ' (a) If, as a result of the juvenile adjudication for a felony
sex crime, the person is discharged, released or placed on
probation or any other form of supervised or conditional release
by the juvenile court, the person shall make the initial report
no later than 10 days after the date the person is discharged,
released or placed on probation or other form of supervised or
conditional release;
  ' (b) If, as a result of the juvenile adjudication for a felony
sex crime, the person is confined in a correctional facility by
the juvenile court, the person shall make the initial report no
later than 10 days after the date the person is discharged or
otherwise released from the facility; or
  ' (c) If the person is adjudicated for the act giving rise to
the obligation to report in another United States court and the
person is found to have committed an act that if committed by an
adult in this state would constitute:
  ' (A) A Class A or Class B felony sex crime:
  ' (i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report no
later than 10 days after the date the person moves into this
state; or
  ' (ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report no
later than 10 days after the date the person is discharged,
released or placed on probation or any other form of supervised
or conditional release by the other United States court or, if
the person is confined in a correctional facility by the other
United States court, no later than 10 days after the date the
person is discharged or otherwise released from the facility.
  ' (B) A Class C felony sex crime:
  ' (i) If the person is not a resident of this state at the time
of the adjudication, the person shall make the initial report no
later than six months after the date the person moves into this
state; or
  ' (ii) If the person is a resident of this state at the time of
the adjudication, the person shall make the initial report no
later than 10 days after the date the person is discharged,
released or placed on probation or any other form of supervised
or conditional release by the other United States court or, if
the person is confined in a correctional facility by the other
United States court, no later than 10 days after the date the
person is discharged or otherwise released from the facility.
  ' (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.
  ' (8) The court shall ensure that a person described in
subsection (1)(a) of this section completes a form that documents
the person's obligation to report under 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. + }

  '  { +  SECTION 2. + }  { + No later than January 1, 2013, 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 an act that
if committed by an adult in this state would constitute a
misdemeanor. + }
  '  { +  SECTION 3. + } ORS 181.823 is amended to read:
  ' 181.823.   { - (1)(a) - }   { + (1) + }   { - 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, the person may file a
petition for relief from the duty to report. The person must file
the petition - }   { + A person required to report as a sex
offender under section 1 (1)(a) of this 2011 Act may file a
petition for an order relieving the person of the duty to report.
If the person resides:
  ' (a) In this state and is required to report under section 1
(2) or (3) of this 2011 Act, the petition must be filed + } in
the juvenile court in which the person was adjudicated for the
act that requires reporting.
  '  { +  (b) In another state and is required to report under
section 1 (4) of this 2011 Act, the petition must be filed in the
juvenile court in the county in which the person attends school
or works.
  ' (2) If the act giving rise to the obligation to report would
constitute:
  ' (a) A Class A or Class B felony sex crime if committed by an
adult, the petition may be filed no sooner than two years after
the termination of juvenile court jurisdiction over the person
or, if the person is placed under the jurisdiction of the
Psychiatric Security Review Board, no sooner than two years after
the person is discharged from the jurisdiction of the board.
  ' (b) A Class C felony sex crime if committed by an adult, the
petition may be filed no sooner than 30 days before the
termination of juvenile court jurisdiction over the person or, if
the person is placed under the jurisdiction of the Psychiatric
Security Review Board, no sooner than 30 days before the person
is discharged from the jurisdiction of the board. + }
  '  { - (b) - }  { +  (3)(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) When a person files a petition under this section
and the petition was 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 has the burden of
proving by clear and convincing evidence that the person is not
rehabilitated and continues to 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, - }

  '  { +  (4) + } The person  { + filing the petition + } 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.
  '  { - (3) - }  In determining whether   { - the state or - }
the person has met the burden of proof   { - established in
subsection (2) 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 - }  { +  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, - }  { +  While the person is
under the jurisdiction of the juvenile court or the Psychiatric
Security Review Board or less than three years after the date the
jurisdiction is terminated, + } 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, - }  { + Three years or more after the date the
juvenile court or board jurisdiction is terminated, + } 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)(a)  + }  { - When the state has the
burden of proof under subsection (2) 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) of this section and - }
 { + When the person + } 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.
  '  { +  (b) Notwithstanding paragraph (a) of this subsection,
the court may not grant a petition filed under this section
before the date the juvenile court or board jurisdiction over the
person is terminated. + }
  '  { - (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.
  '  { +  (12) When a petition is filed under subsection (2)(b)
of this section before the termination of juvenile court or board
jurisdiction, if the person, or the parent or guardian of the
person if the person is less than 18 years of age, requests
counsel and is without sufficient financial means to employ
suitable counsel to represent the person, for purposes of the
petition described in this section, the court shall appoint
suitable counsel to represent the person. Appointment of counsel
under this subsection is subject to ORS 419C.200, 419C.203,
419C.206 and 419C.209. + }
  '  { +  SECTION 4. + } ORS 181.826 is amended to read:
  ' 181.826. (1) Except as provided in subsection   { - (6) - }
 { +  (7) + } of this section,   { - when a person is required to
report under ORS 181.595, 181.596 or 181.597 as a result of
having 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 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 - }
 { + a person required to report under section 1 (1)(b) of this
2011 Act may file a petition in the juvenile court for + } an
order relieving the person of the duty to report   { - if: - }
 { + . If the person resides: + }
  ' (a)   { - The person has been registered as a sex offender in
this state for at least two years; - }  { +  In this state and is
required to report under section 1 (2) or (3) of this 2011 Act,
the petition must be filed in the juvenile court of the county in
which the person resides. + }
  ' (b)   { - At least two years, but not more than five years,
have elapsed since the termination of supervision on probation or
parole; and - }  { +  In another state and is required to report
under section 1 (4) of this 2011 Act, the petition must be filed
in the juvenile court of the county in which the person attends
school or works.
  ' (2) If the act giving rise to the obligation to report would
constitute:
  ' (a) A Class A or Class B felony sex crime if committed in
this state by an adult, the petition may be filed no sooner than
two years after the termination of the other United States
court's jurisdiction over the person.
  ' (b) A Class C felony sex crime if committed in this state by
an adult, the petition may be filed no sooner than 30 days before
the termination of the other United States court's jurisdiction
over the person. + }
  '  { - (c) - }  { +  (3) + } The person   { - submits - }
 { + filing the petition 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.
  '  { - (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.
  '  { - (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) - }  { +  (6) + } 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) - }  { +  (4) + } of this section unless the court
determines that to do so is in the interest of public safety.
  '  { - (6) - }  { +  (7) + } 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) - }  { +  (8) + } 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) - }  { +  (9) + } 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,
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.'.
  On page 7, delete lines 1 through 10.
  In line 11, delete '6' and insert '5'.
  On page 9, line 29, delete '7' and insert '6'.
  On page 10, line 39, delete '8' and insert '7'.
  In line 45, delete 'Class A or Class B'.
  On page 11, line 15, delete '9' and insert '8'.
  In line 24, delete '10' and insert '9'.
  On page 13, line 10, delete '11' and insert '10'.
  In line 29, before the period insert 'or responsible except for
insanity under ORS 419C.411'.
  On page 14, delete line 22 and insert:
  ' (d) Is described in section 1 (1) of this 2011 Act.'.
  In line 26, delete '12' and insert '11'.
  On page 15, line 37, delete '13' and insert '12'.
  On page 16, line 42, delete '14' and insert '13'.
  On page 18, line 15, delete '15' and insert '14'.
  In line 35, delete '16' and insert '15'.
  On page 19, line 13, delete '17' and insert '16'.
  In line 22, delete '18' and insert '17'.
  In line 28, delete '19' and insert '18'.
  In line 34, delete '20' and insert '19'.
  On page 20, delete lines 24 through 45.
  On page 21, delete lines 1 through 8 and insert:
  '  { +  SECTION 20. + } ORS 181.830 is amended to read:
  ' 181.830. A person otherwise required to report under  { +
section 1 of this 2011 Act or + } 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;
  ' (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) { + (A) or (B) + } of this subsection; or
  ' (d) The person is paroled to this state under ORS 144.610
after being 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.'.
  In line 9, delete '22' and insert '21'.
  In line 25, delete '23' and insert '22'.
  In line 39, delete '24' and insert '23'.
  In line 42, restore the bracketed material and delete the
boldfaced material.
  In line 44, restore the bracketed material and delete the
boldfaced material.
  On page 22, line 4, delete '25' and insert '24'.
  In line 9, delete '26' and insert '25'.
  In line 25, delete the first '27' and insert '26'.
  In line 26, delete '26' and insert '25'.
  Delete lines 41 through 45 and delete page 23 and insert:
  '  { +  SECTION 27. + }  { + (1) Sections 1 and 2 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 3, 4 and 7 to 24 of this 2011 Act
become operative on January 1, 2012.
  ' (2) Sections 1 and 2 of this 2011 Act and the amendments to
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
by sections 3 to 24 of this 2011 Act apply to persons adjudicated
before, on or after the effective date of this 2011 Act.
  ' (3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
sections 11, 12 and 13, 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) of this
2011 Act, as applicable. + }
  '  { +  SECTION 28. + } Section 17, chapter 659, Oregon Laws
2009, as amended by section 32, chapter 107, Oregon Laws 2010, is
amended to read:
  '  { +  Sec. 17. + }  { + (1) + } The amendments to ORS 21.110
by section 31 { + , chapter 107, Oregon Laws 2010, + }   { - of
this 2010 Act - }  become operative July 1, 2011.  { +

  ' (2) The amendments to section 13, chapter 659, Oregon Laws
2009, by section 26 of this 2011 Act become operative July 1,
2011. + }
  '  { +  SECTION 29. + }  { + Section 2 of this 2011 Act is
repealed on January 2, 2013. + }
  '  { +  SECTION 30. + }  { + 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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