71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2663
 
LC 2342/HB 2663-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2663
 
                    By COMMITTEE ON JUDICIARY
 
                            April 12
 
  On page 1 of the printed bill, line 2, delete 'and 411.990'.
  Delete lines 4 through 30 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 131.125 is amended to read:
  ' 131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
  ' (2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 24 years of age or within six
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
  ' (a) Criminal mistreatment in the first degree under ORS
163.205.
  ' (b) Rape in the third degree under ORS 163.355.
  ' (c) Rape in the second degree under ORS 163.365.
  ' (d) Rape in the first degree under ORS 163.375.
  ' (e) Sodomy in the third degree under ORS 163.385.
  ' (f) Sodomy in the second degree under ORS 163.395.
  ' (g) Sodomy in the first degree under ORS 163.405.
  ' (h) Unlawful sexual penetration in the second degree under
ORS 163.408.
  ' (i) Unlawful sexual penetration in the first degree under ORS
163.411.
  ' (j) Sexual abuse in the second degree under ORS 163.425.
  ' (k) Sexual abuse in the first degree under ORS 163.427.
  ' (L) Using a child in a display of sexual conduct under ORS
163.670.
  ' (m) Encouraging child sexual abuse in the first degree under
ORS 163.684.
  ' (n) Incest under ORS 163.525.
  ' (o) Promoting prostitution under ORS 167.012.
  ' (p) Compelling prostitution under ORS 167.017.
  ' (3) A prosecution for any of the following misdemeanors may
be commenced within four years after the commission of the crime
or, if the victim at the time of the crime was under 18 years of
age, anytime before the victim attains 22 years of age or within
four years after the offense is reported to a law enforcement
agency or other governmental agency, whichever occurs first:
  ' (a) Sexual abuse in the third degree under ORS 163.415.
  ' (b) Furnishing obscene materials to minors under ORS 167.065.
  ' (c) Sending obscene materials to minors under ORS 167.070.
  ' (d) Exhibiting an obscene performance to a minor under ORS
167.075.
  ' (e) Displaying obscene materials to minors under ORS 167.080.
  ' (4) In the case of crimes described in subsection (2)(L) of
this section, the 'victim' is the child engaged in sexual
conduct.  In the case of the crime described in subsection (2)(n)
of this section, the 'victim' is the party to the incest other
than the party being prosecuted. In the case of crimes described
in subsection (2)(o) and (p) of this section, the 'victim' is the
child whose acts of prostitution are promoted or compelled.
  ' (5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
  ' (6) Except as provided in subsection (7) of this section or
as otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
  ' (a) For any other felony, three years.
  ' (b) For any misdemeanor, two years.
  ' (c) For a violation, six months.
  ' (7) If the period prescribed in subsection (6) of this
section has expired, a prosecution nevertheless may be commenced
as follows:
  ' (a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
  ' (b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
  ' (c) If the offense is an invasion of personal privacy under
ORS 163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense,
by a person who has a legal duty to represent the person
aggrieved by the offense or by a law enforcement agency, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years.
  '  { +  (8) Notwithstanding subsection (2) of this section, a
prosecution for rape in the first or second degree or sodomy in
the first or second degree may be commenced within 12 years after
the commission of the crime if the defendant is identified after
the period described in subsection (2) of this section on the
basis of DNA (deoxyribonucleic acid) sample comparisons. + } ' .
                         ----------