Bill Text: OR SB786 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to trafficking of persons under 18 years of age; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB786 Detail]

Download: Oregon-2013-SB786-Introduced.html

---

     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 3674

                         Senate Bill 786

Sponsored by Senator KNOPP, Representative BARTON; Representative
  BERGER

                             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.

  Expands crime of trafficking in persons to include children for
purpose of engaging in commercial sex acts. Punishes by maximum
of 20 years' imprisonment, $375,000 fine, or both.
  Directs Board on Public Safety Standards and Training to train
police officers in recognizing and investigating sex and labor
trafficking.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to trafficking of persons under 18 years of age;
  creating new provisions; amending ORS 163.266, 181.594 and
  419B.005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.266 is amended to read:
  163.266. (1) A person commits the crime of trafficking in
persons if the person knowingly:
  (a) Recruits, entices, harbors, transports, provides or obtains
by any means, or attempts to recruit, entice, harbor, transport,
provide or obtain by any means, another person knowing that the
other person will be subjected to involuntary servitude as
described in ORS 163.263 or 163.264;   { - or - }
   { +  (b) Recruits, entices, harbors, transports, provides or
obtains by any means, or attempts to recruit, entice, harbor,
transport, provide or obtain by any means, a person under 18
years of age for the purpose of engaging in a commercial sex
act; + }
    { - (b) - }  { +  (c) + } Benefits financially or receives
something of value from participation in a venture that involves
an act prohibited by this section or ORS 163.263 or 163.264
 { - . - }  { + ; or
  (d) Advertises any of the activities prohibited by this
section. + }
  (2) Trafficking in persons  { + under subsection (1)(a), (c) or
(d) of this section + } is a Class B felony.
   { +  (3) Trafficking in persons under subsection (1)(b) of
this section is a Class A felony and the Oregon Criminal Justice
Commission shall classify the offense as crime category 9 of the
sentencing guidelines grid.
  (4) In any prosecution under subsection (1)(b) of this section,
it is not a defense that the defendant did not know the victim's
age, that the victim consented to the activity or that the
defendant is the victim's parent or legal guardian.
  (5) As used in this section, 'commercial sex act' means sexual
conduct or sexual contact, as those terms are defined in ORS
167.002, performed in return for a fee or anything of value. + }
  SECTION 2. 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;
  (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) Trafficking in persons for the purpose of engaging in
a commercial sex act as described in ORS 163.266 (1)(b); + }

    { - (s) - }  { +  (t) + } Any attempt to commit any of the
crimes set forth in paragraphs (a) to   { - (r) - }  { +  (s) + }
of this subsection;
    { - (t) - }  { +  (u) + } Burglary, when committed with
intent to commit any of the offenses listed in paragraphs (a) to
 { - (r) - }  { +  (s) + } or   { - (u) - }  { +  (v) + } of this
subsection; or
    { - (u) - }  { +  (v) + } 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 3.  { + Section 4 of this 2013 Act is added to and made
a part of ORS 181.610 to 181.712. + }
  SECTION 4.  { + The Board on Public Safety Standards and
Training shall ensure that all police officers and certified
reserve officers are trained to recognize, investigate and report
cases involving labor trafficking and sex trafficking of children
and adults. + }
  SECTION 5. ORS 419B.005, as amended by section 60, chapter 37,
Oregon Laws 2012, and section 1, chapter 92, Oregon Laws 2012, is
amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
  (C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
  (D) Sexual abuse, as described in ORS chapter 163.
  (E) Sexual exploitation, including but not limited to:
  (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes;   { - and - }
  (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution { +  as described in ORS 167.007 or a
commercial sex act as defined in ORS 163.266, + } or to patronize
a prostitute, as   { - defined in ORS chapter 167. - }  { +
described in ORS 167.008; and
  (iii) Trafficking in persons for the purpose of engaging in a
commercial sex act as described in ORS 163.266 (1)(b). + }

  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
  (3) 'Higher education institution' means:
  (a) A community college as defined in ORS 341.005;
  (b) A public university listed in ORS 352.002;
  (c) The Oregon Health and Science University; and
  (d) A private institution of higher education located in
Oregon.
  (4) 'Law enforcement agency' means:
  (a) A city or municipal police department.
  (b) A county sheriff's office.
  (c) The Oregon State Police.
  (d) A police department established by a university under ORS
352.383.
  (e) A county juvenile department.
  (5) 'Public or private official' means:
  (a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
  (b) Dentist.
  (c) School employee, including an employee of a higher
education institution.
  (d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (e) Employee of the Department of Human Services, Oregon Health
Authority, Early Learning Council, Youth Development Council,
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Regulated social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.
  (m) Attorney.
  (n) Licensed professional counselor.
  (o) Licensed marriage and family therapist.
  (p) Firefighter or emergency medical services provider.
  (q) A court appointed special advocate, as defined in ORS
419A.004.
  (r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (s) Member of the Legislative Assembly.
  (t) Physical, speech or occupational therapist.
  (u) Audiologist.
  (v) Speech-language pathologist.
  (w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
  (x) Pharmacist.
  (y) An operator of a preschool recorded program under ORS
657A.255.
  (z) An operator of a school-age recorded program under ORS
657A.257.
  (aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
  (bb) Employee of a public or private organization providing
child-related services or activities:
  (A) Including but not limited to youth groups or centers, scout
groups or camps, summer or day camps, survival camps or groups,
centers or camps that are operated under the guidance,
supervision or auspices of religious, public or private
educational systems or community service organizations; and
  (B) Excluding community-based, nonprofit organizations whose
primary purpose is to provide confidential, direct services to
victims of domestic violence, sexual assault, stalking or human
trafficking.
  (cc) A coach, assistant coach or trainer of an amateur,
semiprofessional or professional athlete, if compensated and if
the athlete is a child.
  SECTION 6.  { + 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. + }
                         ----------