71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2342
 
                         House Bill 2663
 
Sponsored by Representatives WINTERS, MINNIS, SIMMONS;
  Representatives BACKLUND, BROWN, BUTLER, CARLSON, CLOSE, DOYLE,
  GARRARD, HAYDEN, HILL, JENSON, KNOPP, KRIEGER, KROPF, KRUMMEL,
  KRUSE, LEE, MORGAN, NELSON, PATRIDGE, SHETTERLY, G SMITH, P
  SMITH, T SMITH, STARR, C WALKER, WESTLUND, WILSON, WITT,
  ZAUNER, Senator MINNIS (at the request of Dale Penn, Marion
  County District Attorney)
 
 
                             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.
 
  Extends statute of limitations for rape and sodomy in first and
second degrees.
 
                        A BILL FOR AN ACT
Relating to statute of limitations; amending ORS 131.125 and
  411.990.
Be It Enacted by the People of the State of Oregon:
  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 rape in the first or second degree
or sodomy in the first or second degree may be commenced within
20 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, whichever occurs later. + }
    { - (2) - }  { +  (3) + } 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) - }  { +  (c) + } 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) - }  { +  (d) + } Unlawful sexual penetration in the
second degree under ORS 163.408.
    { - (i) - }  { +  (e) + } Unlawful sexual penetration in the
first degree under ORS 163.411.
    { - (j) - }  { +  (f) + } Sexual abuse in the second degree
under ORS 163.425.
    { - (k) - }  { +  (g) + } Sexual abuse in the first degree
under ORS 163.427.
    { - (L) - }  { +  (h) + } Using a child in a display of
sexual conduct under ORS 163.670.
    { - (m) - }  { +  (i) + } Encouraging child sexual abuse in
the first degree under ORS 163.684.
    { - (n) - }  { +  (j) + } Incest under ORS 163.525.
    { - (o) - }  { +  (k) + } Promoting prostitution under ORS
167.012.
    { - (p) - }  { +  (L) + } Compelling prostitution under ORS
167.017.
    { - (3) - }  { +  (4) + } 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) - }  { +  (5) + } In the case of crimes described in
subsection
  { - (2)(L) - }  { +  (3)(h) + } of this section, the 'victim'
is the child engaged in sexual conduct. In the case of the crime
described in subsection   { - (2)(n) - }  { +  (3)(j) + } 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) - }  { +  (3)(k) and (L) + } of
this section, the 'victim' is the child whose acts of
prostitution are promoted or compelled.
    { - (5) - }  { +  (6) + } A prosecution for arson in any
degree may be commenced within six years after the commission of
the crime.
    { - (6) - }  { +  (7) + } Except as provided in subsection
 { - (7) - }  { +  (8) + } 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) - }  { +  (8) + } If the period prescribed in
subsection   { - (6) - }  { +  (7) + } 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.
  SECTION 2. ORS 411.990 is amended to read:
  411.990. (1) Violation of ORS 411.320 or 411.335 is punishable,
upon conviction, by a fine of not more than $1,000 or by
imprisonment in the county jail for not more than 60 days, or by
both.
  (2) Violation of any provision of ORS 411.630 or 411.840 is a
Class C felony which may be reduced to a Class A misdemeanor in
accordance with ORS 161.705.
  (3) Violation of ORS 411.675 is a Class C felony.
  (4) Criminal prosecution of violators of ORS 411.675 shall be
commenced in accordance with ORS 131.125   { - (6) and - }
(7) { +  and (8) + }.
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