Bill Text: OR SB68 | 2011 | Regular Session | Amended

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

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to RC to SB 68

LC 906/SB 68-1

            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                         SENATE BILL 68

                    By COMMITTEE ON JUDICIARY

                             June 6

  On page 1 of the printed bill, line 6, after '461.110 ' insert
'and section 27, chapter ___, Oregon Laws 2011 (Enrolled Senate
Bill 408)'.
  In line 8, after '181.497' insert 'and section 12, chapter ___,
Oregon Laws 2011 (Enrolled Senate Bill 408)'.
  On page 30, after line 38, insert:
  '  { +  SECTION 36a. + }  { + If Senate Bill 408 becomes law,
section 12, chapter ___, 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408) (amending ORS 181.596), is repealed and ORS 181.596, as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
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 ___, Oregon Laws 2011 (Enrolled Senate Bill
408), is amended to read:
  '  { +  Sec. 27. + } (1) Sections 1 and 2   { - of this 2011
Act - }  { + , chapter ___, 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 ___, Oregon Laws 2011 (Enrolled Senate
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 ___, 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 ___, 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 ___, 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 ___, 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 ___, Oregon Laws 2011 (Enrolled Senate
Bill 408) + }, no later than the date described in section 1 (2)
 { - of this 2011 Act - }  { + , chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, as applicable.'.
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