77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 763
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 Senate Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Eliminates mandatory minimum sentence for persons under 18
years of age convicted of committing crime of using a child in a
display of sexually explicit conduct. Authorizes sentencing court
to enter order relieving person of obligation to report as sex
offender.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.707
and 181.594; declaring an emergency; and providing for criminal
sentence reduction that requires approval by a two-thirds
majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Notwithstanding ORS 137.690, when a person is
convicted of using a child in a display of sexually explicit
conduct under ORS 163.670 and the court finds that the person was
under 18 years of age at the time the crime was committed, the
court:
(1) Shall sentence the person in accordance with the rules of
the Oregon Criminal Justice Commission; and
(2) May enter an order relieving the person of the obligation
to report as a sex offender. + }
SECTION 2. ORS 137.707 is amended to read:
137.707. (1)(a) Notwithstanding any other provision of law,
when a person charged with aggravated murder { - , - } as
defined in ORS 163.095, { + using a child in a display of
sexually explicit conduct as defined in ORS 163.670 + }or an
offense listed in subsection (4) { - (a) - } of this section is
15, 16 or 17 years of age at the time the offense is committed,
{ - and the offense is committed on or after April 1, 1995, or
when a person charged with an offense listed in subsection (4)(b)
of this section is 15, 16 or 17 years of age at the time the
offense is committed, and the offense is committed on or after
October 4, 1997, or when a person charged with the offense
described in subsection (4)(c) of this section is 15, 16 or 17
years of age at the time the offense is committed and the offense
is committed on or after January 1, 2008, - } the person shall
be prosecuted as an adult in criminal court.
(b) A district attorney, the Attorney General or a juvenile
department counselor may not file in juvenile court a petition
alleging that a person has committed an act that, if committed by
an adult, would constitute aggravated murder { + , using a child
in a display of sexually explicit conduct + } or an offense
listed in subsection (4) of this section if the person was 15, 16
or 17 years of age at the time the act was committed.
(2) When a person charged under this section is convicted of an
offense listed in subsection (4) of this section, the court shall
impose at least the presumptive term of imprisonment provided for
the offense in subsection (4) of this section. The court may
impose a greater presumptive term if otherwise permitted by law,
but may not impose a lesser term. The person is not, during the
service of the term of imprisonment, eligible for release on
post-prison supervision or any form of temporary leave from
custody. The person is not eligible for any reduction in, or
based on, the minimum sentence for any reason under ORS 421.121
or any other provision of law. ORS 138.012, 163.105 and 163.150
apply to sentencing a person prosecuted under this section and
convicted of aggravated murder under ORS 163.095 except that a
person who was under 18 years of age at the time the offense was
committed is not subject to a sentence of death.
(3) The court shall commit the person to the legal and physical
custody of the Department of Corrections.
(4) The offenses to which this section applies and the
presumptive sentences are:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(a)(Murder, as defined in
ORS 163.115...300 months
(B) Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095120 months
(C) Attempt or conspiracy
to commit murder, as
defined in ORS 903months
(D) Manslaughter in the
first degree, as defined
in ORS 163.118120 months
(E) Manslaughter in the
second degree, as defined
in ORS 163.125.75 months
(F) Assault in the first
degree, as defined
in ORS 163.185.90 months
(G) Assault in the second
degree, as defined
in ORS 163.175.70 months
(H) Kidnapping in the first
degree, as defined in
ORS 163.235....90 months
(I) Kidnapping in the second
degree, as defined in
ORS 163.225....70 months
(J) Rape in the first degree,
as defined in 100 months5.
(K) Rape in the second
degree, as defined in
ORS 163.365....75 months
(L) Sodomy in the first
degree, as defined in
ORS 163.405...100 months
(M) Sodomy in the second
degree, as defined in
ORS 163.395....75 months
(N) Unlawful sexual
penetration in the first
degree, as defined
in ORS 163.411100 months
(O) Unlawful sexual
penetration in the
second degree, as
defined in ORS 753months
(P) Sexual abuse in the first
degree, as defined in
ORS 163.427....75 months
(Q) Robbery in the first
degree, as defined in
ORS 164.415....90 months
(R) Robbery in the second
degree, as defined in
ORS 164.405....70 months
(b)(Arson in the first degree,
as defined in
ORS 164.325, when
the offense represented
a threat of serious
physical injury90 months
{ -
(BUsing a child in a display - }
{ -
of sexually explicit - }
{ -
conduct, as defined in - }
{ -
OR701months.- }
{ -
(CCompelling prostitution, - }
{ +
(BCompelling prostitution, + }
as defined in ORS 167.017
(1)(a), (b) or 70)months
(c) Aggravated vehicular
homicide, as defined in
ORS 163.149...240 months
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(5) If a person charged with an offense under this section is
found guilty of a lesser included offense and the lesser included
offense is:
(a) An offense listed in subsection (4) of this section, the
court shall sentence the person as provided in subsection (2) of
this section.
(b) Not an offense listed in subsection (4) of this section:
(A) But constitutes an offense for which waiver is authorized
under ORS 419C.349, the court, upon motion of the district
attorney, shall hold a hearing to determine whether to retain
jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the
court shall consider the criteria for waiver in ORS 419C.349. If
the court retains jurisdiction, the court shall sentence the
person as an adult under sentencing guidelines. If the court does
not retain jurisdiction, the court shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(B) And is not an offense for which waiver is authorized under
ORS 419C.349, the court may not sentence the person. The court
shall:
(i) Order that a presentence report be prepared;
(ii) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(iii) Enter an order transferring the case to the juvenile
court for disposition under ORS 419C.067 and 419C.411.
(6) When a person is charged under this section, other offenses
based on the same act or transaction shall be charged as separate
counts in the same accusatory instrument and consolidated for
trial, whether or not the other offenses are aggravated
murder { + , using a child in a display of sexually explicit
conduct + } or offenses listed in subsection (4) of this section.
If it appears, upon motion, that the state or the person charged
is prejudiced by the joinder and consolidation of offenses, the
court may order an election or separate trials of counts or
provide whatever other relief justice requires.
(7)(a) If a person charged and tried as provided in subsection
(6) of this section is found guilty of aggravated murder { + ,
using a child in a display of sexually explicit conduct + } or an
offense listed in subsection (4) of this section and one or more
other offenses, the court shall impose the sentence for
aggravated murder { + , using a child in a display of sexually
explicit conduct + } or the offense listed in subsection (4) of
this section as provided in subsection (2) of this section and
shall impose sentences for the other offenses as otherwise
provided by law.
(b) If a person charged and tried as provided in subsection (6)
of this section is not found guilty of aggravated murder { + ,
using a child in a display of sexually explicit conduct + } or an
offense listed in subsection (4) of this section, but is found
guilty of one of the other charges that constitutes an offense
for which waiver is authorized under ORS 419C.349, the court,
upon motion of the district attorney, shall hold a hearing to
determine whether to retain jurisdiction or to transfer the case
to juvenile court for disposition. In determining whether to
retain jurisdiction, the court shall consider the criteria for
waiver in ORS 419C.349. If the court retains jurisdiction, the
court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court
shall:
(A) Order that a presentence report be prepared;
(B) Set forth in a memorandum any observations and
recommendations that the court deems appropriate; and
(C) Enter an order transferring the case to the juvenile court
for disposition under ORS 419C.067 and 419C.411.
SECTION 3. ORS 181.594 is amended to read:
181.594. As used in this section and ORS 181.595, 181.596,
181.597, 181.603, 181.609, 181.826, 181.830 and 181.833:
(1) 'Another United States court' means a federal court, a
military court, the tribal court of a federally recognized Indian
tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) 'Attends' means is enrolled on a full-time or part-time
basis.
(3)(a) 'Correctional facility' means any place used for the
confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined
under a court order.
(B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
(b) 'Correctional facility' applies to a state hospital or a
secure intensive community inpatient facility only as to persons
detained therein charged with or convicted of a crime, or
detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370 or responsible except for insanity
under ORS 419C.411.
(4) 'Institution of higher education' means a public or private
educational institution that provides a program of post-secondary
education.
(5) 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit
conduct { + , unless the court enters an order under section 1
(2) of this 2013 Act + };
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child's sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the victim was under 18
years of age;
(m) Contributing to the sexual delinquency of a minor;
(n) Sexual misconduct if the offender is at least 18 years of
age;
(o) Possession of materials depicting sexually explicit conduct
of a child in the first degree;
(p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
(q) Online sexual corruption of a child in any degree if the
offender reasonably believed the child to be more than five years
younger than the offender;
(r) Sexual assault of an animal;
(s) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (r) of this subsection;
(t) Burglary, when committed with intent to commit any of the
offenses listed in paragraphs (a) to (r) or (u) of this
subsection; or
(u) Public indecency or private indecency, if the person has a
prior conviction for a crime listed in this subsection.
(6) 'Sex offender' means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for insanity of a sex crime;
(c) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; or
(d) Is described in ORS 181.609 (1).
(7) 'Works' or 'carries on a vocation' means full-time or
part-time employment for more than 14 days within one calendar
year whether financially compensated, volunteered or for the
purpose of governmental or educational benefit.
SECTION 4. { + Section 1 of this 2013 Act and the amendments
to ORS 137.707 and 181.594 by sections 2 and 3 of this 2013 Act
apply to crimes committed on or after the effective date of this
2013 Act. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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