Bill Text: OR SB68 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the Department of State Police; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-30 - Effective date, June 28, 2011. [SB68 Detail]
Download: Oregon-2011-SB68-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 68
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 Governor John A. Kitzhaber
for Department of State Police)
CHAPTER ................
AN ACT
Relating to the Department of State Police; amending ORS 44.552,
44.554, 44.556, 44.558, 44.560, 44.562, 44.564, 137.225,
144.102, 144.270, 166.291, 181.010, 181.020, 181.030, 181.066,
181.070, 181.080, 181.090, 181.120, 181.130, 181.150, 181.210,
181.220, 181.240, 181.250, 181.260, 181.410, 181.511, 181.521,
181.530, 181.533, 181.538, 181.595, 181.596, 181.597, 181.660,
194.024, 240.205, 240.580, 250.048, 418.701, 419A.250, 426.160,
427.293 and 461.110 and section 27, chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408); repealing ORS 181.040,
181.170, 181.265, 181.290, 181.300, 181.310, 181.320, 181.330,
181.340, 181.350, 181.360, 181.450, 181.455, 181.460, 181.465,
181.470, 181.475, 181.480, 181.485, 181.490, 181.495, 181.496
and 181.497 and section 12, chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.010 is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
{ - (1) 'Bureau' means the Department of State Police bureau
of criminal identification. - }
{ - (2) - } { + (1) + } 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
{ - prosecutive - } { + prosecutorial + } functions, attorney
employees of the office of public defense services and nonprofit
public defender organizations established under contract with the
Public Defense Services Commission;
(e) Law enforcement agencies;
(f) The Department of Corrections;
{ + (g) The Oregon Youth Authority; + }
{ - (g) - } { + (h) + } The State Board of Parole and
Post-Prison Supervision;
{ - (h) - } { + (i) + } The Department of Public Safety
Standards and Training; { - and - }
Enrolled Senate Bill 68 (SB 68-A) Page 1
{ + (j) Regional information systems that share programs to
track, identify and remove cross-jurisdictional criminal and
terrorist conspiracies; and + }
{ - (i) - } { + (k) + } Any other state or local agency
with law enforcement authority { - designated by order of the
Governor - } .
{ - (3) - } { + (2) + } 'Criminal offender information'
includes records and related data as to physical description and
vital statistics, fingerprints received and compiled { - by the
bureau - } for purposes of identifying criminal offenders and
alleged offenders, records of arrests and the nature and
disposition of criminal charges, including sentencing,
confinement, parole and release.
{ - (4) - } { + (3) + } 'Department' means the Department
of State Police established under ORS 181.020.
{ - (5) - } { + (4) + } 'Deputy superintendent' means the
Deputy Superintendent of State Police { + appointed under ORS
181.220 + }.
{ - (6) - } { + (5) + } 'Designated agency' means any
state, county or municipal government agency where Oregon
criminal offender information is required to implement a federal
or state statute, executive order or administrative rule that
expressly refers to criminal conduct and contains requirements or
exclusions expressly based on such conduct or for agency
employment purposes, licensing purposes or other demonstrated and
legitimate needs when designated by order of the Governor.
{ - (7) - } { + (6) + } 'Disposition report' means a form
or process prescribed or furnished by the { - bureau - } { +
department + }, containing a description of the ultimate action
taken subsequent to an arrest.
{ - (8) - } { + (7) + } 'Law enforcement agency' means
county sheriffs, municipal police departments, state police,
other police officers of this state { - and other states - }
{ + or another state + } and law enforcement agencies of the
federal government.
{ - (9) - } { + (8) + } 'State police' means the
{ + sworn + } members of the state police force appointed under
ORS 181.250.
{ - (10) - } { + (9) + } 'Superintendent' means the
Superintendent of State Police { + appointed under ORS
181.200 + }.
SECTION 2. ORS 181.020 is amended to read:
181.020. { + (1) + } There is established a Department of
State Police.
{ + (2) + } The department shall consist of { - office
personnel and the Oregon State Police. The Oregon State Police
shall consist of - } { + sworn + } members of the state police
force appointed under ORS 181.250 { - , state police cadets and
legislative security personnel appointed under ORS 181.265 - }
{ + and nonsworn professional personnel necessary to carry out
the department's public safety functions + }.
SECTION 3. ORS 181.030 is amended to read:
181.030. (1) The Department of State Police and { - each
member - } { + the members + } of the Oregon State Police
{ - shall be - } { + are + } charged with the enforcement
of { + :
(a) + } All criminal laws { - . - } { + ; and
(b) All laws applicable to highways and the operation of
vehicles on highways. + }
Enrolled Senate Bill 68 (SB 68-A) Page 2
(2) Each member of the state police is authorized and empowered
to:
(a) Prevent crime.
(b) Pursue and apprehend offenders and obtain legal evidence
necessary to ensure the conviction { - in the courts - } of
the offenders { + in the courts + }.
(c) Institute criminal proceedings.
(d) Execute any lawful warrant or order of arrest issued
against any person or persons for any violation of the law.
(e) Make arrests without warrant for violations of law in the
manner provided in ORS 133.310.
(f) Give first aid to the injured.
{ - (g) Succor the helpless. - }
(3) Each member of the state police { - shall have in general
the same - } { + has the same general + } powers and authority
as those conferred by law upon sheriffs, police officers,
constables and peace officers. A member of the state police may
be appointed as a deputy medical examiner.
(4) The members of the state police are subject to the call of
the Governor { - , - } and are empowered to cooperate with any
other instrumentality or authority of { - the - }
{ + this + } state, or any political subdivision { + , + } in
detecting crime, apprehending criminals and preserving law and
order throughout { - the - } { + this + } state, but the
state police may not be used as a posse except when ordered by
the Governor.
SECTION 4. ORS 181.066 is amended to read:
181.066. { - (1) There is established in the Department of
State Police a bureau of criminal identification which shall be
operated by the department. - }
{ - (2) - } The { - bureau - } { + Department of State
Police + }shall:
{ - (a) - } { + (1) + } Install and maintain systems for
filing and retrieving fingerprint data and supplemental
information submitted by criminal justice agencies for the
identification of criminal offenders as the Superintendent of
State Police deems necessary;
{ - (b) - } { + (2) + } Employ its fingerprint record file
as a basis for identifying individuals and provide criminal
offender information to criminal justice agencies { - while
acting - } in the performance of
{ - their - } { + the agencies' + } official duties;
{ - (c) - } { + (3) + } Provide information to persons and
agencies as provided in ORS 181.555 and 181.560; and
{ - (d) - } { + (4) + } Undertake { - such - } other
projects as { - are - } necessary or appropriate to the speedy
collection and dissemination of information relating to crimes
and criminals.
SECTION 5. ORS 181.070 is amended to read:
181.070. (1) The Superintendent of State Police may { - , with
the approval of the Governor, maintain a state detective bureau
under the immediate supervision of the superintendent. - } { + :
(a) Maintain a criminal investigations division for the purpose
of preventing, detecting and investigating criminal activity.
(b) Enter into partnerships with local criminal justice
agencies to provide expertise in the investigation and resolution
of crimes and criminal activity. + }
{ - (2) The detective bureau shall: - }
{ - (a) Maintain facilities for the detection of crime by the
state police. - }
Enrolled Senate Bill 68 (SB 68-A) Page 3
{ - (b) Supply expert information on handwriting and
ballistics. - }
{ - (3) - } { + (2) + } { - To accomplish the - }
{ + For + } purposes of subsection
{ - (2) - } { + (1) + } of this section, the superintendent
may { - , with the approval of the Governor, utilize - }
{ + use + } the services of such members of the state police as
{ - assistant state - } detectives as the superintendent
{ - deems expedient - } { + considers necessary + }.
SECTION 6. ORS 181.080 is amended to read:
181.080. (1) The Department of State Police may establish
forensic laboratories.
(2) { + Subject to available funding, + } the
{ + forensic + } laboratories shall furnish { - service as
available to all district attorneys, sheriffs and other peace
officers in the - } { + generally accepted types of forensic
services to criminal justice agencies in this + } state. The
services of the { + forensic + } laboratories { - shall - }
{ + must + } also be available to { - any - } { + a + }
defendant in a criminal case { - on - } { + upon + } order of
the court { - before - } { + in + } which the criminal case
is pending.
SECTION 7. ORS 181.090 is amended to read:
181.090. { + (1) + } The Superintendent of State Police { - ,
with the approval of the Governor, - } may establish
headquarters and patrol stations at such places as the
superintendent { - may deem most - } { + considers + }
advisable for the patrol and protection of { - the - }
{ + this + } state and { - for - } the enforcement of the
laws.
{ + (2) + } { - For that purpose, with the approval of the
Governor, - } { + For purposes of this section, + } the
superintendent may use lands and buildings for the accommodation
of members of the state police and their vehicles and equipment.
SECTION 8. ORS 181.120 is amended to read:
181.120. { + (1) + } The State of Oregon shall provide the
members of the state police with standard uniforms.
{ + (2) + } { - Subject to detailed regulations and
specifications prescribed by - } The Superintendent of State
Police { - , the uniform to be worn by members of the state
police shall be of - } { + shall specify a + } standard pattern
and distinctive design { + for the uniforms required under this
section + }.
SECTION 9. ORS 181.130 is amended to read:
181.130. The Superintendent of State Police may direct
{ - that - } members of the state police { - shall - }
{ + to + } serve without wearing uniform { - , - } when, in
the judgment of the superintendent, { + serving without uniform
makes + } law enforcement { - will thereby be made - } more
efficient.
SECTION 10. ORS 181.150 is amended to read:
181.150. (1) The State { + of Oregon + } shall provide the
members of the state police with emergency { - and first
aid - } outfits, weapons { - , - } { + and + } motor vehicles
{ - , - } and all other { + emergency and first-aid + }
supplies and equipment necessary to carry out the
{ - objects - } { + public safety functions + } of the
Department of State Police.
{ + (2)(a) + } { - This property shall remain - } { + The
property described in subsection (1) of this section remains + }
Enrolled Senate Bill 68 (SB 68-A) Page 4
the property of { - the - } { + this + } state with the
exception of a retiring or deceased officer's department-issued
service { - revolver - } { + weapon + }, which may be sold by
the department to the officer or, in the case of a deceased
officer, to a member of the officer's family, upon the officer's
retirement or death, and the officer's badge, which may be given
to the officer or, in the case of a deceased officer, to a member
of the deceased officer's family, upon the officer's retirement
or death.
{ + (b) + } { - When a service revolver is - } { + A
service weapon + } sold pursuant to this { - section, it
shall - } { + subsection must + } be sold for its fair market
value.
{ + (c) + } { - The badge shall - } { + A badge given to
an officer or an officer's family member pursuant to this
subsection must + } be marked to indicate the officer's
retirement status and { - under no circumstance shall it - }
{ + may not + } be used for official police identification other
than as a memento of service to the department.
{ - (2) - } { + (3) + } { - When any of the - }
{ + Surplus, obsolete or unused + } property, supplies or
equipment { - becomes surplus, obsolete or unused it shall - }
{ + must + } be disposed of by the Oregon Department of
Administrative Services as provided in ORS 279A.280.
{ - (3) - } { + (4)(a) + } For purposes of ORS chapters
279A and 279B, the sale of a service { - revolver - }
{ + weapon + } to a retiring officer by the department is not a
public contract and { - shall not be - } { + is not + }
subject to the competitive bidding requirements of ORS chapters
279A and 279B.
{ + (b) + } The provisions of ORS 166.412 do not apply to
transfers of firearms pursuant to this section.
SECTION 11. ORS 181.210 is amended to read:
181.210. { + Before assuming their duties, + } the
Superintendent of State Police and the Deputy Superintendent of
State Police { - , before assuming their duties, each - } shall
take and subscribe an oath of office as prescribed by ORS 181.390
{ - and shall be covered by a fidelity or blanket bond as
provided in ORS 291.011 - } .
SECTION 12. ORS 181.220 is amended to read:
181.220. { + (1) + } The Superintendent of State Police may,
with the approval of the Governor as to person and salary,
appoint a Deputy Superintendent of State Police.
{ + (2) + } The deputy superintendent { - shall - } { +
must + } have served as a captain or in higher rank in the Oregon
State Police not less than one year prior to { - the
appointment of the - } { + appointment as + } deputy
superintendent. { - The deputy superintendent shall be
removable for the causes and in the manner provided in ORS
181.290 to 181.350 for the removal of members of the state
police. - }
SECTION 13. ORS 181.240 is amended to read:
181.240. The Deputy Superintendent of State Police { - , when
appointed and qualified, shall possess during the term of office
of deputy superintendent all the powers of the Superintendent of
State Police and - } shall { + :
(1) + } Act as the head of the Department of State Police in
the absence or incapacity of the Superintendent { - , and
shall - } { + of State Police; and + }
Enrolled Senate Bill 68 (SB 68-A) Page 5
{ + (2) + } Perform such duties as the superintendent
{ - may prescribe - } { + prescribes + }.
SECTION 14. ORS 181.250 is amended to read:
181.250. The Superintendent of State Police { - , with the
approval of the Governor, - } shall { + :
(1) + } Appoint a state police force { + to be known as the
Oregon State Police + }, consisting of { - the number of - }
commissioned officers, noncommissioned officers and troopers
{ - who are, in the judgment of the Governor and the
superintendent, necessary in the performance of the duties of the
Department of State Police. The superintendent shall, subject to
the laws of the state and with the approval of the Governor, - }
{ + ;
(2) + } Arrange for the examination and enlistment of
applicants { + to the state police; + } and
{ + (3) + } Establish ranks or grades { + in the state
police + }.
SECTION 15. ORS 181.260 is amended to read:
181.260. (1) { - No person, other than an expert in crime
detection, shall be - } { + A person + } appointed a member of
the state police { - unless the person is - } { + must
be + }:
(a) A citizen of the United States.
(b) Of good health and { - of - } good moral character.
(c) Over the age of 21 years.
(2) { + (a) + } { - No person shall - } { + Except as
provided in paragraph (b) of this subsection, a person may
not + } be appointed a member of the state police { - who - }
{ + if the person + } has not established satisfactory evidence
of qualifications by passing a physical { - and mental - }
examination based { - upon - } { + on + } the standard
provided by the rules and regulations of the United States Army
{ - ; but - } { + and such psychological testing and mental
examinations as the Superintendent of State Police considers
necessary as a condition of employment.
(b) When, in the judgment of the superintendent, the good of
the state police requires it, + } the superintendent { - of
State Police, with the approval of the Governor, may, for such
positions and where, in the judgment of the superintendent, the
good of the service requires it, - } { + may + } waive the
physical standard { - provided by such rules and
regulations - } { + described in paragraph (a) of this
subsection + }.
(3) { - Any - } { + A + } member who voluntarily withdraws
from the state police { - force - } without the consent of the
superintendent { - , and all persons - } { + and members + }
removed from the state police for cause
{ - after hearing, shall be - } { + are + } ineligible for
reappointment { + , except as expressly authorized by the
superintendent + }.
(4) The superintendent may appoint { + police officers from a
neighboring state to serve as + }special state police officers
{ - upon - } { + subject to + } the following conditions:
(a) The officers are appointed for the limited purpose of
providing assistance to the { + Oregon + } State Police in law
enforcement emergencies and major operations in Oregon in areas
near the Oregon border { - and - } { + with + } the
neighboring state.
(b) The officers are police officers certified by the { +
neighboring + } state { - bordering Oregon - } .
Enrolled Senate Bill 68 (SB 68-A) Page 6
(c) The officers { + do not + } receive { - no - } separate
compensation from the State of Oregon for their services.
(d) There is a reciprocal agreement { - wherein - }
{ + pursuant to which + } the Superintendent of State Police
authorizes a member of the Oregon State Police to assist the
{ - bordering - } { + neighboring + } state's police officers
under { - identically prescribed - } { + the same + }
criteria in the neighboring state in areas near the Oregon border
with the neighboring state.
(5) The Superintendent of State Police is authorized to enter
into reciprocal agreements with { - bordering - } state law
enforcement agencies { + in neighboring states + } for the
purpose of providing assistance to the Oregon State Police and
the { - bordering - } state law enforcement agency { + in the
neighboring state + } in carrying out major operations and
responding to { + law enforcement + } emergencies in areas near
the Oregon border { - and the border of the adjacent - } { +
with the neighboring + } state.
SECTION 16. ORS 181.410 is amended to read:
181.410. { - (1) Under rules and regulations to be
promulgated by the Superintendent of State Police, with the
approval of the Governor, all state police shall be required to
keep a record of - } { + The Oregon State Police shall:
(1) Keep records of the activities engaged in and + }the time
spent in the performance of their { - various - }
duties { + ; + } and
{ + (2) + } Report { - same - } { + the activities and
time + } to the Superintendent { + of State Police + } at such
times as the superintendent
{ - shall direct - } { + directs + }.
{ - (2) The superintendent shall approve all claims. - }
SECTION 17. ORS 181.511 is amended to read:
181.511. (1) { - A law enforcement agency - } Immediately
upon the arrest of a person for a crime for which criminal
offender information must be provided under ORS 181.515 { + , a
law enforcement agency + } shall:
(a) Place the arrested person's fingerprints and identifying
data on forms prescribed or furnished by the Department of State
Police { - bureau of criminal identification - } , photograph
the arrested person and promptly transmit the form and photograph
to the { - bureau - } { + department + }.
(b) If the arrest is disposed of by the arresting agency, cause
the disposition report to be completed and promptly transmitted
to the { - bureau - } { + department + }.
(c) If the arrest is not disposed of by the agency, cause the
disposition report to be forwarded { - , except as otherwise
provided in section 3, chapter 553, Oregon Laws 1987, - } to the
court that will dispose of the charge { - , - } for further
action in accordance with ORS 181.521.
(2) A law enforcement agency may record, in addition to
fingerprints, the palm prints, sole prints, toe prints or other
personal identifiers when, in the discretion of the agency, it is
necessary to effect identification of the persons or to the
investigation of the crime charged.
(3) A law enforcement agency, for the purpose of
identification, may record and submit to the { - bureau - }
{ + department + } the fingerprints of persons arrested for
crimes for which criminal offender information is not required
under ORS 181.515.
SECTION 18. ORS 181.521 is amended to read:
Enrolled Senate Bill 68 (SB 68-A) Page 7
181.521. When a court receives a disposition report from a law
enforcement agency pursuant to ORS 181.511, the court shall
transmit disposition information to the Department of State
Police
{ - bureau of criminal identification - } in a manner and
format determined by the State Court Administrator after
consultation with the { - bureau - } { + department + }.
SECTION 19. ORS 181.530 is amended to read:
181.530. (1) { + (a) + } The superintendent of any institution
of this state shall notify the Department of State Police
{ - bureau of criminal identification - } prior to the release
or immediately after the escape from the institution of any
person committed to the institution for a crime for which a
report is required or under civil commitment as a sexually
dangerous person.
{ + (b) + } The notice { - shall - } { + required under
this subsection must + } state the name of the person to be
released or who has escaped, the county in which the person was
convicted or from which the person was committed and, if known,
the address or locality at which the person will reside.
(2) Promptly upon receipt of the notice required { - by - }
{ + under + } subsection (1) of this section, the
{ - bureau - } { + department + } shall notify all law
enforcement agencies in the county in which the person was
convicted or from which the person was committed and in the
county, if known, in which the person will reside.
SECTION 20. ORS 181.533 is amended to read:
181.533. (1) As used in this section:
(a) 'Authorized agency' means the Department of State Police or
other governmental agency designated by the State { + of
Oregon + } to report, receive or disseminate criminal offender
information.
(b) 'Qualified entity' means a business or organization that:
(A) Provides care or placement services, or licenses or
certifies others to provide care or placement services, for
children, elderly persons or dependent persons;
(B) Is not governed by a state regulatory or licensing agency;
and
(C) Has been determined by an authorized agency to meet the
criteria established by the authorized agency by rule under
subsection (9) of this section.
(c) 'Subject individual' means a person who is employed or
seeks to be employed by a qualified entity or who is providing
services or seeks to provide services to a qualified entity on a
contractual or volunteer basis.
(2) An entity may request from an authorized agency a criminal
records check for purposes of evaluating the fitness of a subject
individual as an employee, contractor or volunteer. The
authorized agency may access state and federal criminal records
under this subsection only through use of the subject
individual's fingerprints.
(3) Before an authorized agency may conduct a criminal records
check under this section:
(a) The authorized agency { - shall - } { + must + }
determine whether the entity requesting the criminal records
check is a qualified entity;
(b) The qualified entity must establish criteria to be used by
the authorized agency in reviewing the criminal offender
information for a final record check determination;
Enrolled Senate Bill 68 (SB 68-A) Page 8
(c) The qualified entity must provide the criteria established
under paragraph (b) of this subsection to the authorized agency;
and
(d) The qualified entity must have informed the subject
individual that the qualified entity might request a
fingerprint-based criminal records check and that the subject
individual may obtain a copy of the record check report from, or
challenge the accuracy or completeness of the record check report
through, the authorized agency or the Federal Bureau of
Investigation.
(4)(a) Upon receipt of a subject individual's criminal offender
information, the authorized agency shall make a final record
check determination by comparing the criminal offender
information with the criteria provided to the authorized agency
by the qualified entity under subsection (3)(c) of this section.
In making the final record check determination, the authorized
agency may consider only information that the Department of State
Police may disclose under ORS 181.560.
(b) An authorized agency is immune from civil liability that
might otherwise be incurred or imposed for making the final
record check determination under this subsection.
(5) An authorized agency may not transfer a fingerprint card
used to conduct the criminal records check unless the public
agency or person receiving the fingerprint card agrees to destroy
or return the fingerprint card to the authorized agency.
(6) If the public agency or person returns a fingerprint card
to the authorized agency, the authorized agency shall destroy the
fingerprint card. The authorized agency may not keep a record of
the fingerprints.
(7) The authorized agency shall permit a subject individual to
inspect the individual's Oregon and Federal Bureau of
Investigation criminal offender information after positive
identification has been established based upon fingerprints.
(8) Challenges to the accuracy or completeness of information
provided by the authorized agency, the Federal Bureau of
Investigation and agencies reporting information to the
authorized agency or { + the federal + } bureau must be made
through the authorized agency or { + the federal + } bureau.
(9) The authorized agency shall adopt rules to implement this
section. The rules may include but are not limited to:
(a) Criteria to be used by the authorized agency to determine
whether an entity is a qualified entity; and
(b) Fees to be charged for conducting criminal records checks
under this section in amounts not to exceed the actual costs of
acquiring and furnishing criminal offender information.
SECTION 21. ORS 181.538 is amended to read:
181.538. (1) Upon the request of a Native American tribe, and
in compliance with procedures adopted by the Department of State
Police under ORS 181.555, the Department of State Police shall
furnish to the authorized staff of the Native American tribe such
information on a subject individual or contractor as the
Department of State Police may have in its possession { - from
its central bureau of criminal identification - } , including but
not limited to manual or computerized criminal offender
information. With the approval of the Department of State
Police, a local law enforcement agency may furnish the
information described in this subsection to a Native American
tribe.
(2)(a) Subsequent to furnishing the information required under
subsection (1) of this section, the Department of State Police
Enrolled Senate Bill 68 (SB 68-A) Page 9
shall conduct nationwide criminal records checks of the subject
individual or contractor through the Federal Bureau of
Investigation by use of the subject individual's or contractor's
fingerprints and shall report the results to the staff of the
Native American tribe, who must be specifically authorized to
receive the information. In accordance with the procedures of the
Department of State Police, a local law enforcement agency may
conduct the criminal records check described in this paragraph if
the local law enforcement agency has received approval under
subsection (1) of this section.
(b) The Department of State Police shall return the fingerprint
cards to the Native American tribe.
(3) For purposes of requesting and receiving the information
and data described in subsections (1) and (2) of this section,
Native American tribes are designated agencies for purposes of
ORS 181.010 to 181.560 and 181.715 to 181.730.
(4) As used in this section:
(a) 'Contractor' means { - any natural person or corporation,
trust, association, partnership, joint venture, subsidiary or
other business entity with whom - } { + an individual or entity
with which + } a Native American tribe intends to contract for
the purpose of providing supplies or services related to tribal
gaming, or
{ - any - } { + a + } control person of a contractor.
(b) 'Control person' means:
(A) In a privately owned corporation, the officers, directors
and stockholders of the parent company and, if applicable, each
of its subsidiaries.
(B) In a publicly owned corporation, the officers and directors
of the parent company, each of its subsidiaries and stockholders
owning at least 15 percent of the company's stock.
(C) In a trust, the trustee and all persons entitled to receive
income or benefit from the trust.
(D) In an association, the members, officers and directors.
(E) In a partnership or joint venture, the general partners,
limited partners or joint venturers.
(F) A member of the immediate family of any of the persons
listed in subparagraphs (A) to (E) of this paragraph if the
person is involved in the business.
(G) A subcontractor of a contractor, if the subcontractor
performs more than 50 percent of the contractor's contract with
the Native American tribe.
(c) 'Native American tribe' means { - any - } { + a + }
recognized Native American tribe or band of tribes:
(A) Authorized by the Indian Gaming Regulatory Act of October
17, 1988 (Public Law 100-497), 25 U.S.C. 2701 et seq., and the
State of Oregon to conduct gambling operations on tribal land; or
(B) Eligible for special programs and services provided by the
United States to Indians because of their status as Indians.
(d) 'Subject individual' means { - a person - } { + an
individual + } who is:
(A) Applying for employment at a tribal gaming facility as a
key employee, high security employee, low security employee or
management employee; or
(B) Employed or applying for employment with a tribal
government or agency responsible for child care, child welfare,
law enforcement, education, health care, housing or social
services.
SECTION 22. ORS 44.552 is amended to read:
Enrolled Senate Bill 68 (SB 68-A) Page 10
44.552. (1) Whenever a police officer { + or an employee of
the Department of State Police + } is called as an expert witness
in a civil case by a party by whom the officer { + or
employee + } is not employed, a subpoena requiring attendance may
be served by delivering a copy either to the officer { + or
employee + } personally or to the officer's { + or
employee's + } immediate superior.
(2) { + (a) + } { - Any - } { + A + } person causing a
subpoena to be issued to compel the attendance of a police
officer { + or an employee of the Department of State Police + }
before a tribunal shall indicate on the face of { - that - }
{ + the + } subpoena whether the person or the person's
representative intends to ask the expert opinion of the officer
{ + or employee + } as to any aspect of the proceedings.
{ + (b) + } A police officer { - shall - } { + or an
employee of the Department of State Police may + } not be
required by a tribunal to give the officer's { + or
employee's + } expert opinion on any matter before the tribunal
unless the subpoena compelling the officer's { + or
employee's + } presence indicates that the officer's { + or
employee's + } expert opinion will be asked.
SECTION 23. ORS 44.554 is amended to read:
44.554. (1) { - Any - } { + A + } police officer { + or an
employee of the Department of State Police + } who is obliged by
a subpoena issued pursuant to ORS 44.552 (2) to attend as an
expert witness shall receive { + from the law enforcement unit
by which the officer is employed or the Department of State
Police, respectively:
(a) + } The salary or other compensation to which the officer
{ + or employee + } is normally entitled { - from the law
enforcement unit by which the officer is employed - } during the
time that the officer { + or employee + } travels to and from
the place where the court or other tribunal is located and while
the officer { + or employee + } is required to remain at that
place pursuant to { - such - } { + the + } subpoena
{ - . - } { + ; and
(b) + } { - The officer shall also receive from the law
enforcement unit by which the officer is employed - } The actual
necessary and reasonable traveling expenses incurred in complying
with the subpoena.
(2) { + (a) + } The party at whose request a subpoena is issued
pursuant to ORS 44.552 (2) compelling the attendance of a police
officer { + or employee of the Department of State Police + } as
an expert witness shall reimburse the law enforcement unit by
which the officer is employed { + or the Department of State
Police, respectively, + } for the full cost to the law
enforcement unit { + or the department + } incurred in
reimbursing the officer { + or employee + } as provided in
subsection (1) of this section for each day that the officer
{ + or employee + } is required to remain in attendance pursuant
to the subpoena.
{ + (b) + } The amount of $160 { - shall - } { + must + }
be tendered with any subpoena issued under ORS 44.552 (2) to
compel the attendance of a police officer { + or an employee of
the Department of State Police + } as an expert witness for each
day that the officer { + or employee + } is required to remain
in attendance pursuant to the subpoena.
{ + (c) Notwithstanding paragraph (b) of this subsection, + }
if the person causing the issuance of a subpoena requiring the
expert opinion of a police officer { + or an employee of the
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Department of State Police + } makes arrangements with the
officer { + or the employee + } and with the tribunal prior to
the issuance of the subpoena to take the testimony of the officer
{ + or employee + } by telephone, and testimony by telephone is
otherwise allowed by the Oregon Rules of Civil Procedure, the
amount of $80 shall be tendered with the subpoena for each day
that the officer { + or employee + } is required to testify
pursuant to the subpoena.
(3) If the actual expenses { - should later prove to be - }
{ + are + } less than the amount tendered, the excess of the
amount tendered shall be refunded.
(4) { + (a) + } If the actual expenses { - should later prove
to be more - } { + are greater + } than the amount tendered,
the difference shall be paid to the law enforcement unit by which
the officer is employed { + or the Department of State Police,
as appropriate, + } by the party at whose request the subpoena is
issued.
{ + (b) + } { - However, no - } { + Notwithstanding
paragraph (a) of this subsection, + } additional amounts
{ - shall be due - } { + are not payable + } unless, within
seven days after the final day on which the officer { + or
employee + } appears in the proceedings, the law enforcement unit
{ + or the Department of State Police, respectively, + } mails
a statement to the party or to the party's attorney reflecting
the additional amounts due.
(5) If a court or tribunal continues a proceeding on its own
motion, no additional expert witness fee may be required prior to
the issuance of a subpoena or the making of an order directing
the officer { + or employee + } to appear on the date to which
the proceeding is continued.
SECTION 24. ORS 44.556 is amended to read:
44.556. A police officer { + or an employee of the Department
of State Police + } who is called as an expert witness in a civil
case may demand the payment specified in ORS 44.554 (2) for one
day, in advance, and when so demanded { - shall - }
{ + may + } not be compelled to attend until the payment is
tendered.
SECTION 25. ORS 44.558 is amended to read:
44.558. A police officer { - shall - } { + or an employee
of the Department of State Police may + } not be ordered to
return by the court or tribunal for subsequent proceedings beyond
the day stated in the subpoena requiring the officer { + or
employee + } to give the officer's { + or employee's + } expert
opinion referred to in ORS 44.552 (2) or the day upon which the
officer { + or employee + } appeared under ORS 44.562 (2),
unless the party at whose request the subpoena was issued, or the
party at whose request the officer { + or employee + } is
ordered to return, shall first tender to the officer { + or
employee + } the same sum required to be tendered with a subpoena
in the first instance.
SECTION 26. ORS 44.560 is amended to read:
44.560. ORS 44.552, 44.554 and 44.558 apply to subpoenas issued
for the taking of depositions of police officers { + and
employees of the Department of State Police + }.
SECTION 27. ORS 44.562 is amended to read:
44.562. A police officer { + or an employee of the Department
of State Police + } who has been subpoenaed under ORS 44.552 and
44.560 for the purpose of giving the officer's { + or
employee's + } expert opinion, in lieu of attendance at the time
specified in the subpoena, may agree with the party at whose
Enrolled Senate Bill 68 (SB 68-A) Page 12
request the subpoena was issued to appear at another time or
pursuant to such notice as may be agreed upon.
SECTION 28. ORS 44.564 is amended to read:
44.564. Whenever a police officer { + or an employee of the
Department of State Police + } appears as an expert witness under
ORS 44.550 to 44.566 and reimbursement is not made as provided
for in ORS 44.550 to 44.566, the law enforcement unit by which
the officer is employed { - shall have - } { + or the
Department of State Police, respectively, has + }standing to
bring an action in order to recover { - such - } { + the + }
funds.
SECTION 29. ORS 137.225 is amended to read:
137.225. (1)(a) At any time after the lapse of three years from
the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court where the conviction was entered
for entry of an order setting aside the conviction; or
(b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court that would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of the arrest. For the purpose of
computing the one-year period, time during which the arrested
person has secreted himself or herself within or without
{ - the - } { + this + } state is not included.
(2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity shall be given to contest the
motion. The fingerprint card with the notation 'motion for
setting aside conviction,' or 'motion for setting aside arrest
record' as the case may be, shall be forwarded to the Department
of State Police { - bureau of criminal identification - } .
Information resulting from the fingerprint search along with the
fingerprint card shall be returned to the prosecuting attorney.
(b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
(c) When a person makes a motion under subsection (1)(a) of
this section, the person must pay a fee of $80. The person shall
attach a certified check payable to the Department of State
Police in the amount of $80 to the fingerprint card that is
served upon the prosecuting attorney. The office of the
prosecuting attorney shall forward the check with the fingerprint
card to the Department of State Police { - bureau of criminal
identification - } .
(3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
it deems proper. The court shall allow the victim to make a
statement at the hearing. Except as otherwise provided in
subsection (12) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
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conviction, or the arrest record as the case may be, it shall
enter an appropriate order that shall state the original arrest
charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has
been established by the { - bureau - } { + Department of
State Police + } and further identified as to { - state
bureau - } { + Department of State Police + } number or
submitting agency number. Upon the entry of the order, the
applicant for purposes of the law shall be deemed not to have
been previously convicted, or arrested as the case may be, and
the court shall issue an order sealing the record of conviction
and other official records in the case, including the records of
arrest whether or not the arrest resulted in a further criminal
proceeding.
(4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of the order, the conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to its
occurrence.
(5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
(a) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(b) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
(c) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for:
(A) Any sex crime; and
(B) The following crimes when they would constitute child abuse
as defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(d) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse, as defined in ORS 419B.005, or
any sex crime.
(e) A violation, whether under state law or local ordinance.
(f) An offense committed before January 1, 1972, that if
committed after that date would be:
(A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(B) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
Enrolled Senate Bill 68 (SB 68-A) Page 14
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(D) A violation.
(6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
(a) A conviction for a state or municipal traffic offense.
(b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction that has been set
aside under this section shall be considered for the purpose of
determining whether this paragraph is applicable.
(c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
(7) Notwithstanding subsection (5) of this section, the
provisions of subsection (1)(a) of this section do not apply to
criminally negligent homicide under ORS 163.145, when that
offense was punishable as a Class C felony.
(8) The provisions of subsection (1)(b) of this section do not
apply to:
(a) A person arrested within the three-year period immediately
preceding the filing of the motion for any offense, excluding
motor vehicle violations, and excluding arrests for conduct
associated with the same criminal episode that caused the arrest
that is sought to be set aside.
(b) An arrest for driving while under the influence of
intoxicants if the charge is dismissed as a result of the
person's successful completion of a diversion agreement described
in ORS 813.200.
(9) The provisions of subsection (1) of this section apply to
convictions and arrests that occurred before, as well as those
that occurred after, September 9, 1971. There is no time limit
for making an application.
(10) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred do not apply and a party may apply to the court for an
order requiring disclosure of the official records in the case as
may be necessary in the interest of justice.
(11) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order has no other
effect on the orders setting aside the conviction or the arrest
record.
(12) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
Enrolled Senate Bill 68 (SB 68-A) Page 15
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
(a) Abandonment of a child, ORS 163.535.
(b) Attempted assault in the second degree, ORS 163.175.
(c) Assault in the third degree, ORS 163.165.
(d) Coercion, ORS 163.275.
(e) Criminal mistreatment in the first degree, ORS 163.205.
(f) Attempted escape in the first degree, ORS 162.165.
(g) Incest, ORS 163.525, if the victim was at least 18 years of
age.
(h) Intimidation in the first degree, ORS 166.165.
(i) Attempted kidnapping in the second degree, ORS 163.225.
(j) Attempted robbery in the second degree, ORS 164.405.
(k) Robbery in the third degree, ORS 164.395.
(L) Supplying contraband, ORS 162.185.
(m) Unlawful use of a weapon, ORS 166.220.
(13) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594.
SECTION 30. ORS 144.102 is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
(2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
(b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
(c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
(d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation. The board or supervisory authority may not order
a person to pay a fee in excess of $5 under this paragraph.
(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the person's date of
birth;
Enrolled Senate Bill 68 (SB 68-A) Page 16
(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.
(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines
necessary because of the individual circumstances of the person
on post-prison supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under
18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use
primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
Enrolled Senate Bill 68 (SB 68-A) Page 17
(L) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board, supervisory
authority or supervising officer, or in which more than one other
sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or the director
of the supervisory authority, or a designee of the board or
director. As soon as practicable, the supervising officer of a
person subject to the requirements of this subparagraph shall
review the person's living arrangement with the person's sex
offender treatment provider to ensure that the arrangement
supports the goals of offender rehabilitation and community
safety. As used in this subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of
the person's post-prison supervision that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (6) of this section;
(ii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the
commission of the crime;
(iii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would
be materially significant in aiding in the rehabilitation of the
person or in the success of the post-prison supervision; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
post-prison supervision described in this paragraph at the time
of sentencing in person or through the prosecuting attorney. A
victim's request may be included in the judgment document.
(C) If the board or supervisory authority imposes the special
condition of post-prison supervision described in this paragraph
and if at any time during the period of post-prison supervision
the victim moves to within three miles of the person's residence,
the board or supervisory authority may not require the person to
change the person's residence in order to comply with the special
condition of post-prison supervision.
(4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
Enrolled Senate Bill 68 (SB 68-A) Page 18
(A) As determined, imposed or required by the sentencing court;
or
(B) When previously required as a condition of any type of
supervision that is later revoked.
(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
(A) Was ordered to pay restitution as a result of another
conviction; and
(B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
(6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
(b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
(B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
(D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
(E) The person desires to be released to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all of the following:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - bureau of criminal identification - } ;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
Enrolled Senate Bill 68 (SB 68-A) Page 19
(C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
SECTION 31. ORS 144.270 is amended to read:
144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
(2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
(a) Accept the parole granted subject to all terms and
conditions specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole
officer.
(d) Report to the parole officer as directed by the board or
parole officer.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
(3)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances
of the parolee.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
(A) Agreement to comply with any curfew set by the board or the
supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board or supervising
officer, at a place where persons under 18 years of age regularly
congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board or supervising officer, at,
or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons
under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
Enrolled Senate Bill 68 (SB 68-A) Page 20
plethysmograph testing. The person is responsible for paying for
the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or supervising
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides unless
approved by the board or a designee of the board. As soon as
practicable, the supervising officer of a person subject to the
requirements of this subparagraph shall review the person's
living arrangement with the person's sex offender treatment
provider to ensure that the arrangement supports the goals of
offender rehabilitation and community safety. As used in this
subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, or an assault, as defined in
ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special
condition of the person's parole that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (5) of this section;
(ii) The person demonstrates to the board by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
Enrolled Senate Bill 68 (SB 68-A) Page 21
aiding in the rehabilitation of the person or in the success of
the parole; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
parole described in this paragraph at the time of sentencing in
person or through the prosecuting attorney. A victim's request
may be included in the judgment document.
(C) If the board imposes the special condition of parole
described in this paragraph and if at any time during the period
of parole the victim moves to within three miles of the parolee's
residence, the board may not require the parolee to change the
parolee's residence in order to comply with the special condition
of parole.
(4) It is not a cause for revocation of parole that the parolee
failed to apply for or accept employment at any workplace where
there is a labor dispute in progress. As used in this subsection,
'labor dispute' has the meaning given that term in ORS 662.010.
(5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
(b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
(A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
(B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
(C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
(D) As another condition of parole, the inmate is required to
participate in a treatment program that is not available or
located in the county of residence;
(E) The inmate desires to be paroled to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all of the following:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - bureau of criminal identification - } ;
(iv) Records maintained by the Department of Human Services;
(v) Records maintained by the Department of Corrections; and
(vi) Records maintained by the Oregon Health Authority.
(B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
Enrolled Senate Bill 68 (SB 68-A) Page 22
(C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
(E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state { - corrections - }
{ + correctional + } institution may not be considered.
(6) When the board grants an inmate parole from the custody of
the Department of Corrections and if the inmate is required to
report as a sex offender under ORS 181.595, the board, as a
condition of parole, shall order the inmate to report with the
Department of State Police, a city police department, a county
sheriff's office or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the inmate's date of
birth;
(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.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
{ + NOTE: + } Section 32 was deleted. Subsequent sections
were not renumbered.
SECTION 33. ORS 166.291, as amended by section 7, chapter 826,
Oregon Laws 2009, is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
Enrolled Senate Bill 68 (SB 68-A) Page 23
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
Enrolled Senate Bill 68 (SB 68-A) Page 24
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession { - from its central bureau of criminal
identification - } including, but not limited to, manual or
computerized criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout { - the - } { + this + } state in substantially
the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
Enrolled Senate Bill 68 (SB 68-A) Page 25
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
Enrolled Senate Bill 68 (SB 68-A) Page 26
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 34. ORS 166.291, as amended by sections 7 and 10,
chapter 826, Oregon Laws 2009, is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
Enrolled Senate Bill 68 (SB 68-A) Page 27
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
(L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
(A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
(B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
Enrolled Senate Bill 68 (SB 68-A) Page 28
(m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
(n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
(o) Is not required to register as a sex offender in any state.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession { - from its central bureau of criminal
identification - } including, but not limited to, manual or
computerized criminal offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout { - the - } { + this + } state in substantially
the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY
CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
Enrolled Senate Bill 68 (SB 68-A) Page 29
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States. I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
Enrolled Senate Bill 68 (SB 68-A) Page 30
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
(9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
(a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
(b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
(c) Has documentation showing that the person currently leases
or owns real property in the county; or
(d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
SECTION 35. ORS 181.595 is amended to read:
Enrolled Senate Bill 68 (SB 68-A) Page 31
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;
(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;
(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) 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) 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.
Enrolled Senate Bill 68 (SB 68-A) Page 32
(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 36. 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;
(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) To { + or in + } 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 { + or 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.
(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;
Enrolled Senate Bill 68 (SB 68-A) Page 33
(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) 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 36a. { + If Senate Bill 408 becomes law, section 12,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408)
(amending ORS 181.596), is repealed and ORS 181.596, as amended
by section 36 of this 2011 Act, 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 or in 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 or in this state after having been found by
another United States court to have committed an act while the
Enrolled Senate Bill 68 (SB 68-A) Page 34
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.
SECTION 36b. If Senate Bill 408 becomes law, section 27,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408), is
amended to read:
{ + Sec. 27. + } (1) Sections 1 and 2 { - of this 2011
Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), + } 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 { + 11 and 13 to + } 24 { - of this 2011
Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Enrolled Senate Bill 68 (SB 68-A) Page 35
Bill 408), and section 36a of this 2011 Act + } become operative
on January 1, 2012.
(2) Sections 1 and 2 { - of this 2011 Act - } { + , chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), + } 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 { + 11 and 13 to + } 24
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), and section 36a of this 2011 Act + }
apply to persons adjudicated before, on or after the effective
date of { - this 2011 Act - } { + chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408) + }.
(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 { + , chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408), and section 36a 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 - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408) + }, no later than the date described in section 1 (2)
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, as applicable.
SECTION 37. 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 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) 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 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) The first day of school attendance or the 14th day of
employment in this state; and
(B) A change in school enrollment or employment.
(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 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
Enrolled Senate Bill 68 (SB 68-A) Page 36
(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) 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) 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;
(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) 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) 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 38. ORS 181.660 is amended to read:
181.660. (1) The minimum standards and minimum training
requirements established pursuant to ORS 181.640 (1) do not apply
to:
(a) The Superintendent of State Police.
(b) Any individual who is a constable of the justice court.
(c) Any sheriff's deputy appointed with authority only to
receive and serve summons and civil process.
(d) Any municipal parole officer.
(e) Any dog control officer commissioned by a city or county.
{ - (f) Any individual appointed by the Superintendent of
State Police under ORS 181.265. - }
Enrolled Senate Bill 68 (SB 68-A) Page 37
{ - (g) - } { + (f) + } An individual performing the duties
of a reserve officer who has not been required by the law
enforcement unit utilizing the individual to receive training for
certification as a certified reserve officer.
(2) The Department of Public Safety Standards and Training may,
upon application of an individual public safety officer, except a
youth correction officer, at its discretion, certify the public
safety officer as provided in ORS 181.640 (1)(d) upon a finding
that the public safety officer's professional experience,
education or training meets the standards required for
certification.
SECTION 39. ORS 194.024 is amended to read:
194.024. (1) To assist in determining the identity of an
applicant for notary public, or if the applicant has been
convicted of a felony or of a lesser offense incompatible with
the duties of a notary public, upon consent of the person making
application for appointment as notary public and upon request of
the Secretary of State, the Department of State Police shall
furnish to the Secretary of State any information that the
department may have in its possession { - from its central
bureau of criminal identification - } , including but not limited
to manual or computerized information and any information to
which the department may have access, including but not limited
to the Law Enforcement Data System established in ORS 181.730.
For purposes of receiving the information described in this
subsection, the Secretary of State is a 'criminal justice agency'
under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules
adopted under ORS 181.555.
(2) A person making application for appointment as notary
public shall be deemed, upon signing or with signature upon the
application filed under ORS 194.014, to have given the consent
necessary for purposes of subsection (1) of this section.
SECTION 40. ORS 240.205 is amended to read:
240.205. The unclassified service shall comprise:
(1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
(2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
(3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
(4) Principal assistants and deputies and one private secretary
for each executive or administrative officer specified in ORS
240.200 (1) and in subsections (1) to (3) of this section. '
Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
Enrolled Senate Bill 68 (SB 68-A) Page 38
(5) Employees in the Governor's office and the principal
assistant and private secretary in the Secretary of State's
division.
(6) The director, principals, instructors and teachers in the
school operated under ORS 346.010.
(7) Apprentice trainees only during the prescribed length of
their course of training.
(8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
(9) Lawyers employed in their professional capacities.
(10) All members of the Oregon State Police appointed under ORS
181.250 { - and 181.265 - } .
(11) Deputy superintendents and associate superintendents in
the Department of Education.
(12) Temporary seasonal farm laborers engaged in single phases
of agricultural production or harvesting.
(13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
(14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
(15) Employees, including managers, of the foreign trade
offices of the Oregon Business Development Department located
outside the country.
(16) Any other position designated by law as unclassified.
SECTION 41. ORS 240.580 is amended to read:
240.580. An employee who is initially appointed to a position
in the unclassified service as a member of the Oregon State
Police under ORS 181.250 { - or 181.265 - } , who separates
voluntarily from that service and who, within two years after the
separation, is appointed to a position in the classified service,
whether within a bargaining unit covered by a collective
bargaining agreement or not, and acquires regular employee status
shall be entitled, for purposes of layoff and opportunity for
reemployment after separation for reasons other than cause, to
service credit for the service in the unclassified service
preceding the service in the classified service. ORS 240.321 (3)
does not apply to service credit granted under this section.
SECTION 42. ORS 250.048, as amended by section 4, chapter 9,
Oregon Laws 2010, is amended to read:
250.048. (1) A person may not pay money or other valuable
consideration to another person for obtaining signatures of
electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated, and a
person may not receive money or other valuable consideration for
obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated, unless the person obtaining the
signatures:
(a) Registers with the Secretary of State in the manner
prescribed by this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the
secretary.
(2) A person may apply to the secretary for a registration
required under subsection (1) of this section. The application
shall include:
Enrolled Senate Bill 68 (SB 68-A) Page 39
(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the prospective petitions on which the applicant
will gather signatures;
(e) A list of the initiative, referendum and recall petitions
on which the applicant will gather signatures;
(f) If the applicant has been convicted for a criminal offense
involving fraud, forgery or identification theft, information
relating to the circumstances of the conviction as required by
the secretary;
(g) A statement signed by the applicant acknowledging that the
applicant has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and
recall petitions and prospective petitions for state measures to
be initiated, as the law is summarized in the training program
established by the Secretary of State;
(h) Evidence indicating that the applicant has completed the
training required by the secretary by rule;
(i) A photograph of the applicant; and
(j) A statement signed by a chief petitioner of each petition
or prospective petition, or a person designated by a chief
petitioner under this paragraph, upon which the applicant will
gather signatures acknowledging that the chief petitioner is
liable for violations of law or rule committed by the person
obtaining signatures as provided in ORS 260.561. A chief
petitioner may designate a person to sign a statement described
in this paragraph on behalf of the chief petitioner.
(3)(a) If an applicant complies with subsection (2) of this
section, not later than five business days after the applicant
applies, the secretary shall register the applicant and assign
the applicant a registration number.
(b) A person who is registered to obtain signatures on a
prospective petition for a state measure to be initiated need not
reapply for a registration under this section in order to obtain
signatures on a state initiative, referendum or recall petition,
except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather
signatures.
(c) A registration to obtain signatures on a state initiative
petition or a prospective petition for a state measure to be
initiated is valid until the date that is four months before the
next general election.
(d) A registration to obtain signatures on a referendum or
recall petition is valid until the date the petition is filed for
signature verification.
(4) A person may not apply for registration under this section
if, during the five-year period prior to the date of application,
the person:
(a) Has been convicted for a criminal offense involving fraud,
forgery or identification theft in any state;
(b) Has had a civil penalty imposed under ORS 260.995 for a
violation of this section or ORS 260.262; or
(c) Has had a civil or criminal penalty imposed for violation
of a statute subject to a criminal penalty under ORS 260.993.
(5) To assist in determining the identity of an applicant or
whether an applicant has been convicted for a criminal offense
described in subsection (4) of this section, upon consent of the
applicant and upon request of the secretary, the Department of
State Police shall furnish to the secretary any information that
Enrolled Senate Bill 68 (SB 68-A) Page 40
the department may have in its possession { - from its central
bureau of criminal identification - } , including but not limited
to the Law Enforcement Data System established in ORS 181.730,
other computerized information and any other information to which
the department may have access. For purposes of receiving the
information described in this subsection, the office of the
Secretary of State is a 'criminal justice agency' under ORS
181.010 to 181.560 and 181.715 to 181.730 and the rules adopted
under ORS 181.555. Upon submitting an application for
registration described in subsection (2) of this section, an
applicant is deemed to have given the consent necessary for
purposes of this subsection.
(6) If a person receives money or other valuable consideration
for obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated and the person was not registered
as required under this section at the time the signatures were
obtained, the secretary may not include any signatures obtained
by the person in a count under ORS 250.045 (3) or 250.105 or ORS
chapter 249 for purposes of determining whether the petition or
prospective petition contains the required number of signatures
of electors.
(7) A person registered under this section shall carry evidence
of registration with the person while the person is obtaining
signatures on a state initiative, referendum or recall petition
or a prospective petition for a state measure to be initiated.
The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall
designate the form of the evidence of registration.
(8) A photograph of an applicant submitted under subsection (2)
of this section shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the
applicant; and
(c) Be prepared and processed for printing as prescribed by the
secretary.
(9) A person registered under this section may not obtain
signatures on a petition or prospective petition for which the
person is being paid and, at the same time, obtain signatures on
a petition or prospective petition for which the person is not
being paid. The secretary may not include any signatures obtained
in violation of this subsection in a count under ORS 250.045 (3)
or 250.105 or ORS chapter 249 for purposes of determining whether
a state initiative, referendum or recall petition or a
prospective petition for a state measure to be initiated contains
the required number of signatures of electors.
(10) The secretary shall adopt rules necessary to implement
this section, including rules:
(a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on state initiative, referendum or recall
petitions or prospective petitions for state measures to be
initiated; and
(b) Establishing a training program for persons who may be paid
money or other valuable consideration for obtaining signatures of
electors on state initiative, referendum or recall petitions or
prospective petitions for state measures to be initiated.
SECTION 43. ORS 418.701 is amended to read:
418.701. (1) Upon the request of a youth sports provider, and
in compliance with procedures adopted by the Department of State
Enrolled Senate Bill 68 (SB 68-A) Page 41
Police under ORS 181.555, the Department of State Police shall
furnish to the authorized staff of the youth sports provider such
information on a subject individual as the Department of State
Police may have in its possession { - from its central bureau
of criminal identification - } , including but not limited to
manual or computerized criminal offender information. With the
approval of the Department of State Police, a local law
enforcement agency may furnish the information described in this
subsection to a youth sports provider.
(2)(a) Subsequent to furnishing the information required under
subsection (1) of this section, the Department of State Police
shall conduct nationwide criminal records checks of the subject
individual through the Federal Bureau of Investigation by use of
the subject individual's fingerprints and shall report the
results to the staff of the youth sports provider, who must be
specifically authorized to receive the information. In accordance
with the procedures of the Department of State Police, a local
law enforcement agency may conduct the criminal records check
described in this paragraph if the local law enforcement agency
has received approval under subsection (1) of this section.
(b) The Department of State Police or a local law enforcement
agency may not transfer the fingerprint card used to conduct a
criminal records check unless the public agency or person
receiving the fingerprint card agrees to destroy the fingerprint
card or return the fingerprint card to the Department of State
Police or local law enforcement agency.
(c) If a public agency or person returns a fingerprint card to
the Department of State Police or local law enforcement agency,
the Department of State Police or local law enforcement agency
shall destroy the fingerprint card or return the fingerprint card
to the subject individual. The Department of State Police or
local law enforcement agency may not keep a record of the
fingerprints.
SECTION 44. ORS 419A.250 is amended to read:
419A.250. (1) A child, ward, youth or youth offender may be
photographed or fingerprinted by a law enforcement agency:
(a) Pursuant to a search warrant;
(b) According to laws concerning adults if the youth has been
transferred to criminal court for prosecution;
(c) Upon consent of both the child or youth and the child or
youth's parent after advice that they are not required to give
such consent;
(d) Upon request or consent of the child's parent alone if the
child is less than 10 years of age, and if the law enforcement
agency delivers the original photographs or fingerprints to the
parent and does not make or retain any copies thereof; or
(e) By order of the juvenile court.
(2) When a youth is taken into custody under ORS 419C.080, the
law enforcement agency taking the youth into custody shall
photograph and fingerprint the youth. When a youth is found
within the jurisdiction of the juvenile court for the commission
of an act that would constitute a crime if committed by an adult,
the court shall ensure that the youth offender's fingerprints
have been taken. The law enforcement agency attending upon the
court is the agency responsible for obtaining the fingerprints.
The law enforcement agency attending upon the court may, by
agreement, arrange for another law enforcement agency to obtain
the fingerprints on the attending agency's behalf.
(3) Fingerprint and photograph files or records of children,
wards, youths and youth offenders must be kept separate from
Enrolled Senate Bill 68 (SB 68-A) Page 42
those of adults, and fingerprints and photographs known to be
those of a child may be maintained on a local basis only and may
not be sent to a central state or federal depository.
(4) Fingerprint and photograph files or records of a child,
ward, youth or youth offender are open to inspection only by, or
the contents disclosed only to, the following:
(a) Public agencies for use in investigation or prosecution of
crimes and of conduct by a child, ward, youth or youth offender
that if committed by an adult would be an offense, provided that
a law enforcement agency may provide information to another
agency only when the information is pertinent to a specific
investigation by that agency;
(b) The juvenile department and the juvenile court having the
child, ward, youth or youth offender before it in any proceeding;
(c) Caseworkers and counselors taking action or otherwise
responsible for planning and care of the child, ward, youth or
youth offender;
(d) The parties to the proceeding and their counsel; and
(e) The victim or a witness of an act or behavior described
under ORS 419C.005 (1) or the victim's parent, guardian, personal
representative or subrogee, when necessary to identify the youth
or youth offender committing the act or behavior and identifying
the apparent extent of the youth or youth offender's involvement
in the act or behavior.
(5)(a) Fingerprint and photograph files or records of youths
and youth offenders must be sent to a central state depository in
the same manner as fingerprint and photograph files or records of
adults. The fingerprint and photograph files or records of a
youth or youth offender sent to a central depository under this
subsection are open to inspection in the same manner and under
the same circumstances as fingerprint and photograph files or
records of adults.
(b) A party filing a petition alleging that a youth is within
the jurisdiction of the court under ORS 419C.005 shall notify the
central state depository of the following:
(A) The filing of a petition alleging that a youth committed an
act that if committed by an adult would constitute a crime; or
(B) The dismissal of a petition alleging that a youth committed
an act that if committed by an adult would constitute a crime.
(c) The juvenile court shall notify the central state
depository of the disposition of a case in which jurisdiction is
based on ORS 419C.005.
(d) The Department of State Police shall delete the fingerprint
and photograph files or records of a youth or youth offender from
the depository and destroy the files or records relating to the
conduct that caused the files or records to be sent to the
depository:
(A) One year after receiving the files, if the central state
depository has not received notice under paragraph (b) of this
subsection;
(B) No later than one year following receipt of a notice of
dismissal of a petition under paragraph (b)(B) of this
subsection; or
(C) In all other circumstances, no later than five years and 30
days after fingerprint and photograph files or records are sent
to the central state depository.
(6) Fingerprint and photograph files and records of a child,
ward, youth or youth offender must be expunged when the juvenile
court orders expunction of a child, ward, youth or youth
offender's record pursuant to ORS 419A.260 and 419A.262.
Enrolled Senate Bill 68 (SB 68-A) Page 43
(7) The parent or guardian of a missing child may submit a
fingerprint card and photograph of the child to a law enforcement
agency at the time a missing person report is made. The law
enforcement agency may submit the fingerprint file to the
Department of State Police { - bureau of criminal
identification - } . The information must be entered into the
Law Enforcement Data System and the Western Identification
Network Automated Fingerprint Identification System.
(8) When fingerprint files or records are submitted under
subsection (7) of this section, the Department of State Police
shall enter in a special index in the computerized criminal
history files the name of the child and the name of the county or
agency that submitted the fingerprint file or record.
(9) Fingerprints and other information entered in any data
system pursuant to subsection (7) of this section must be deleted
when the child is located.
SECTION 45. ORS 426.160 is amended to read:
426.160. The judge shall cause to be recorded in the court
records a full account of proceedings had at all hearings and
examinations conducted pursuant to ORS 426.005, 426.060 to
426.170, 426.217, 426.228, 426.255 to 426.292, 426.300 to
426.309, 426.335, 426.385 and 426.395, together with the
judgments and orders of the court and a copy of the orders
issued. The account of the proceedings and transcripts of
testimony if taken thereat shall be delivered to the court clerk
or court administrator who shall cause it to be sealed and
neither the account of the proceedings nor the transcript of
testimony if taken shall be disclosed to any person except:
(1) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in ORS 181.740, to the Department of State
Police { - bureau of criminal identification - } for persons
described in ORS 181.740 (1)(a) or (b) to enable the department
to access and maintain the information and transmit the
information to the federal government as required under federal
law;
(2) As provided in ORS 426.070 (5)(c), 426.130 (3) or 426.170;
(3) Upon request of the person subject to the proceedings, the
legal representatives, or the attorney of the person; or
(4) Pursuant to court order.
SECTION 46. ORS 427.293 is amended to read:
427.293. (1) The court shall cause to be recorded in the court
records:
(a) A full account of all proceedings conducted under ORS
427.235 to 427.290;
(b) Reports submitted to the court under ORS 427.270;
(c) The judgments and orders of the court; and
(d) A copy of the judgments and orders issued.
(2) The account of the proceedings, including any transcript of
testimony, and reports submitted to the court under ORS 427.270
shall be delivered to the court clerk or court administrator who
shall cause them to be sealed. The account of the proceedings,
the reports and any transcript of testimony may not be disclosed
to any person except:
(a) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in ORS 181.740, to the Department of State
Police { - bureau of criminal identification - } for persons
described in ORS 181.740 (1)(c) to enable the department to
Enrolled Senate Bill 68 (SB 68-A) Page 44
maintain the information and transmit the information to the
federal government as required under federal law;
(b) Upon request of the person subject to the proceedings or
the legal representative or attorney of the person; or
(c) Pursuant to an order of the court.
SECTION 47. ORS 461.110 is amended to read:
461.110. (1) Upon the request of the Oregon State Lottery
Commission or the Director of the Oregon State Lottery, the
office of the Attorney General and the Oregon State Police shall
furnish to the director and to the Assistant Director for
Security such information as may tend to ensure security,
integrity, honesty and fairness in the operation and
administration of the Oregon State Lottery as the office of the
Attorney General and the Oregon State Police may have in their
possession, including, but not limited to, manual or computerized
information and data.
(2) In order to determine an applicant's suitability to enter
into a contract with or to be employed by the Oregon State
Lottery, each applicant identified in this subsection shall be
fingerprinted. The Assistant Director for Security may submit to
the Department of State Police { - bureau of criminal
identification - } and to the Federal Bureau of Investigation,
for the purpose of verifying the identity of the following
persons and obtaining records of their arrests and criminal
convictions, fingerprints of:
(a) With respect to video game retailers, each person for whom
ORS 461.300 or an administrative rule of the Oregon State Lottery
Commission requires disclosure of the person's name and address;
(b) With respect to lottery vendors and lottery contractors,
each person for whom ORS 461.410 or an administrative rule of the
Oregon State Lottery Commission requires disclosure of the
person's name and address;
(c) Applicants for employment with the Oregon State Lottery;
and
(d) With respect to other persons and entities that apply for
contracts or have contracts with the Oregon State Lottery, each
person for whom ORS 461.300 requires disclosure of the person's
name and address and for whom the Assistant Director for Security
has prepared written reasons, approved in writing by the
director, for requiring the confirmation of the person's identity
and records.
(3) For the purpose of requesting and receiving the information
described in subsections (1) and (2) of this section, the Oregon
State Lottery Commission is a state agency and a criminal justice
agency and its enforcement agents are peace officers pursuant to
ORS { - 181.010 - } { + 181.610 + } to 181.712 and rules
adopted thereunder.
(4) Enforcement agents, designated as such by the commission,
shall have the same authority with respect to service and
execution of warrants of arrest and search warrants as is
conferred upon peace officers of this state.
SECTION 48. { + ORS 181.040, 181.170, 181.265, 181.290,
181.300, 181.310, 181.320, 181.330, 181.340, 181.350, 181.360,
181.450, 181.455, 181.460, 181.465, 181.470, 181.475, 181.480,
181.485, 181.490, 181.495, 181.496 and 181.497 are repealed. + }
SECTION 49. { + 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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Enrolled Senate Bill 68 (SB 68-A) Page 45
Passed by Senate February 24, 2011
Repassed by Senate June 16, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 68 (SB 68-A) Page 46
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 68 (SB 68-A) Page 47
