Bill Text: OR SB427 | 2011 | Regular Session | Introduced
Bill Title: Relating to crime; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB427 Detail]
Download: Oregon-2011-SB427-Introduced.html
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 2833
Senate Bill 427
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.
Requires court to impose fine in specified amount on certain
persons convicted of prostitution. Authorizes lesser amount if
person is unable to pay. Requires court to publish name and
photograph of person in newspaper or by Internet posting if
person willfully fails to pay fine or complete community service.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 167.007;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 167.007 is amended to read:
167.007. (1) A person commits the crime of prostitution if:
(a) The person engages in or offers or agrees to engage in
sexual conduct or sexual contact in return for a fee; or
(b) The person pays or offers or agrees to pay a fee to engage
in sexual conduct or sexual contact.
(2) Prostitution is a Class A misdemeanor.
{ + (3)(a) Notwithstanding ORS 161.635, when a person is
convicted of violating subsection (1)(b) of this section, the
court shall impose, and may not suspend, a fine in the amount of
$20,000 if the person paid, or offered or agreed to pay, a fee to
a minor to engage in sexual conduct or sexual contact. In a
prosecution in which it is alleged that this paragraph applies,
the state need not prove that the person knew the minor was under
18 years of age, and it is no defense that the person did not
know the minor's age or that the person reasonably believed the
minor to be older than 18 years of age.
(b) Notwithstanding paragraph (a) of this subsection, if the
court determines that the person is unable to pay the full amount
of the fine, the court shall impose, and may not suspend, a fine
in an amount the court determines the person is able to pay.
(4) If the court determines, after a hearing, that a person
convicted of violating subsection (1)(b) of this section has
willfully failed to pay the fine described in subsection (3) of
this section or, if the person was sentenced to community
service, that the person has willfully failed to complete the
community service, the court shall cause the following
information to be published, either by Internet posting or in a
newspaper of general circulation in the area of the person's
residence:
(a) The person's name and crime of conviction;
(b) A statement that the person has willfully failed to comply
with the sentence imposed by the court; and
(c) A photograph of the person.
(5) As used in this section, 'minor' means a person under 18
years of age. + }
SECTION 2. { + The amendments to ORS 167.007 by section 1 of
this 2011 Act apply to crimes committed on or after the effective
date of this 2011 Act. + }
SECTION 3. { + 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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