71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2918
Sponsored by Representatives TOMEI, DEVLIN; Representatives
DINGFELDER, HILL, KAFOURY, MERKLEY, ROSENBAUM, WITT, Senators
CASTILLO, GORDLY
CHAPTER ................
AN ACT
Relating to crime; creating new provisions; amending ORS 40.460,
133.069, 138.040, 138.060, 138.071, 138.081, 138.255, 163.547,
163.730, 164.377, 165.800, 166.065, 181.080, 181.360, 419C.085,
419C.106, 475.235 and 475.996; repealing sections 3, 4 and 5,
chapter 923, Oregon Laws 1999; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.730 is amended to read:
163.730. As used in ORS 30.866 and 163.730 to 163.750, unless
the context requires otherwise:
(1) 'Alarm' means to cause apprehension or fear resulting from
the perception of danger.
(2) 'Coerce' means to restrain, compel or dominate by force or
threat.
(3) 'Contact' includes but is not limited to:
(a) Coming into the visual or physical presence of the other
person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school
of the other person or of a member of that person's family or
household;
(d) Sending or making written { + or electronic + }
communications in any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship
to the other person with the intent of affecting the third
person's relationship with the other person;
(i) Communicating with business entities with the intent of
affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work
or school; or
(k) Delivering directly or through a third person any object to
the home, property, place of work or school of the other person.
(4) 'Household member' means any person residing in the same
residence as the victim.
(5) 'Immediate family' means father, mother, child, sibling,
parent, spouse, grandparent, stepparent and stepchild.
Enrolled House Bill 2918 (HB 2918-C) Page 1
(6) 'Law enforcement officer' means any person employed in this
state as a police officer by a county sheriff, constable, marshal
or municipal or state police agency.
(7) 'Repeated' means two or more times.
(8) 'School' means a public or private institution of learning
or a child care facility.
SECTION 2. ORS 166.065 is amended to read:
166.065. (1) A person commits the crime of harassment if the
person intentionally:
(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact;
or
(B) Publicly insulting such other person by abusive words or
gestures in a manner intended and likely to provoke a violent
response;
(b) Subjects another to alarm by conveying a false report,
known by the conveyor to be false, concerning death or serious
physical injury to a person, which report reasonably would be
expected to cause alarm; or
(c) Subjects another to alarm by conveying a telephonic { + ,
electronic + } or written threat to inflict serious physical
injury on that person or to commit a felony involving the person
or property of that person or any member of that person's family,
which threat reasonably would be expected to cause alarm.
(2) A person is criminally liable for harassment if the person
knowingly permits any telephone { + or electronic device + }
under the person's control to be used in violation of subsection
(1) of this section.
(3) Harassment is a Class B misdemeanor.
(4) Notwithstanding subsection (3) of this section, harassment
is a Class A misdemeanor if a person violates subsection (1) of
this section by subjecting another person to offensive physical
contact and the offensive physical contact consists of touching
the sexual or other intimate parts of the other person.
SECTION 3. ORS 165.800 is amended to read:
165.800. (1) A person commits the crime of identity theft if
the person, with the intent to { + deceive or to + } defraud,
obtains, possesses, transfers, creates, utters or converts to the
person's own use the personal identification of another person.
(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of
this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the
offense and the person used the personal identification of
another person solely for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the
offense and the person used the personal identification of
another person solely for the purpose of purchasing tobacco
products; or
(c) Used the personal identification of another person solely
for the purpose of misrepresenting the person's age to gain
access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) 'Another person' means a real or imaginary person.
(b) 'Personal identification' includes, but is not limited to,
any written document or electronic data that does, or purports
to, provide information concerning:
(A) A person's name, address or telephone number;
Enrolled House Bill 2918 (HB 2918-C) Page 2
(B) A person's driving privileges;
(C) A person's Social Security number or tax identification
number;
(D) A person's citizenship status or alien identification
number;
(E) A person's employment status, employer or place of
employment;
(F) The identification number assigned to a person by a
person's employer;
(G) The maiden name of a person or a person's mother;
(H) The identifying number of a person's depository account at
a financial institution, as defined in ORS 706.008, or a credit
card account;
(I) A person's signature or a copy of a person's signature;
(J) A person's electronic mail name, electronic mail signature,
electronic mail address or electronic mail account;
(K) A person's photograph;
(L) A person's date of birth; and
(M) A person's personal identification number.
SECTION 4. ORS 138.060 is amended to read:
138.060. { + (1) + } The state may take an appeal from the
circuit court to the Court of Appeals from:
{ - (1) - } { + (a) + } An order made prior to trial
dismissing or setting aside the accusatory instrument;
{ - (2) - } { + (b) + } An order arresting the judgment;
{ - (3) - } { + (c) + } An order made prior to trial
suppressing evidence;
{ - (4) - } { + (d) + } An order made prior to trial for
the return or restoration of things seized;
{ - (5) - } { + (e) + } A judgment of conviction based on
the sentence as provided in ORS 138.222;
{ - (6) - } { + (f) + } An order in a probation revocation
hearing finding that a defendant who was sentenced to probation
under ORS 137.712 has not violated a condition of probation by
committing a new crime;
{ - (7) - } { + (g) + } An order made after a guilty
finding dismissing or setting aside the accusatory instrument;
{ - (8) - } { + (h) + } An order granting a new trial; or
{ - (9) - } { + (i) + } An order dismissing an accusatory
instrument under ORS 136.130.
{ + (2) Notwithstanding subsection (1) of this section, when
the state chooses to appeal from an order listed in paragraph (a)
or (b) of this subsection, the state shall take the appeal from
the circuit court to the Supreme Court if the defendant is
charged with murder or aggravated murder. The orders to which
this subsection applies are:
(a) An order made prior to trial suppressing evidence; and
(b) An order made prior to trial dismissing or setting aside
the accusatory instrument.
(3) In an appeal by the state under subsection (2) of this
section, the Supreme Court shall issue its decision no later than
one year after the date of oral argument or, if the appeal is not
orally argued, the date that the State Court Administrator
delivers the briefs to the Supreme Court for decision. Failure of
the Supreme Court to issue a decision within one year is not a
ground for dismissal of the appeal. + }
SECTION 4a. { + Section 4b of this 2001 Act is added to and
made a part of ORS 138.010 to 138.310. + }
SECTION 4b. { + (1) When a defendant is charged with a felony
and is in custody pending an appeal under ORS 138.060 (1)(a) or
Enrolled House Bill 2918 (HB 2918-C) Page 3
(c), the Court of Appeals and the Supreme Court shall decide the
appeal within the time limits prescribed by this section.
(2)(a) Pursuant to rules adopted by the Court of Appeals, the
Court of Appeals shall ensure that the appeal is fully briefed no
later than 90 days after the date the transcript is settled under
ORS 19.370.
(b) Notwithstanding paragraph (a) of this subsection, the Court
of Appeals may allow more than 90 days after the transcript is
settled to fully brief the appeal if it determines that the ends
of justice served by allowing more time outweigh the best
interests of the public, the parties and the victim of the crime.
(3) The Court of Appeals shall decide the appeal no later than
180 days after the date of oral argument or, if the appeal is not
orally argued, the date that the State Court Administrator
delivers the briefs to the Court of Appeals for decision. Any
reasonable period of delay incurred by the Court of Appeals on
its own motion or at the request of one of the parties is
excluded from the 180-day period within which the Court of
Appeals is required to issue a decision if the Court of Appeals
determines that the ends of justice served by a decision on a
later date outweigh the best interests of the public, the parties
and the victim of the crime.
(4)(a) In determining whether to allow more than 90 days after
the transcript is settled to fully brief the appeal or more than
180 days after oral argument or delivery of the briefs to decide
the appeal, the Court of Appeals shall consider whether:
(A) The appeal is unusually complex or presents novel questions
of law so that the prescribed time limit is unreasonable; and
(B) The failure to extend the time limit would likely result in
a miscarriage of justice.
(b) If the Court of Appeals decides to allow additional time to
fully brief the appeal or to decide the appeal, the Court of
Appeals shall state the reasons for doing so in writing and shall
serve a copy of the writing on the parties.
(5) If the Supreme Court allows review of a decision of the
Court of Appeals on an appeal described in subsection (1) of this
section, the Supreme Court shall issue its decision on review no
later than 180 days after the date of oral argument or, if the
review is not orally argued, the date the State Court
Administrator delivers the briefs to the Supreme Court for
decision. Any reasonable period of delay incurred by the Supreme
Court on its own motion or at the request of one of the parties
is excluded from the 180-day period within which the Supreme
Court is required to issue a decision if the Supreme Court
determines that the ends of justice served by a decision on a
later date outweigh the best interests of the public, the parties
and the victim of the crime.
(6)(a) In determining whether to allow more than 180 days after
oral argument or delivery of the briefs to decide the review, the
Supreme Court shall consider whether:
(A) The review is unusually complex or presents novel questions
of law so that the prescribed time limit is unreasonable; and
(B) The failure to extend the time limit would likely result in
a miscarriage of justice.
(b) If the Supreme Court decides to allow additional time to
decide the review, the Supreme Court shall state the reasons for
doing so in writing and shall serve a copy of the writing on the
parties.
(7) Failure of the Court of Appeals or the Supreme Court to
decide an appeal or review within the time limits prescribed in
Enrolled House Bill 2918 (HB 2918-C) Page 4
this section is not a ground for dismissal of the appeal or
review.
(8) Any delay sought or acquiesced in by the defendant does not
count against the state with respect to any statutory or
constitutional right of the defendant to a speedy trial. + }
SECTION 4c. ORS 138.255 is amended to read:
138.255. { + (1) + } An appeal to the Court of Appeals may be
certified to the Supreme Court, and the Supreme Court may accept
or deny acceptance of the certified appeal, as provided in ORS
19.405.
{ + (2) At any time before the State Court Administrator
sends notice to the parties of the date of oral argument or, if
the case is not orally argued, the date that the State Court
Administrator delivers the briefs to the Court of Appeals for
decision, a party may request the Supreme Court to take and
decide an appeal taken by the state under ORS 138.060 (1). In
determining whether to accept an appeal under this subsection,
the Supreme Court shall consider, in addition to other factors
that the Supreme Court deems appropriate:
(a) Whether the defendant is charged with a Class A felony
listed under ORS 137.700 or 137.707;
(b) The extent to which the case presents speedy trial
concerns; and
(c) The extent to which the case presents a significant issue
of law. + }
SECTION 5. ORS 40.460 is amended to read:
40.460. The following are not excluded by ORS 40.455, even
though the declarant is available as a witness:
(1) (Reserved.)
(2) A statement relating to a startling event or condition made
while the declarant was under the stress of excitement caused by
the event or condition.
(3) A statement of the declarant's then existing state of mind,
emotion, sensation or physical condition, such as intent, plan,
motive, design, mental feeling, pain or bodily health, but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of the declarant's will.
(4) Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain or sensations, or the inception or general
character of the cause of external source thereof insofar as
reasonably pertinent to diagnosis or treatment.
(5) A memorandum or record concerning a matter about which a
witness once had knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown to
have been made or adopted by the witness when the matter was
fresh in the memory of the witness and to reflect that knowledge
correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless
offered by an adverse party.
(6) A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made
at or near the time by, or from information transmitted by, a
person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice
of that business activity to make the memorandum, report, record,
or data compilation, all as shown by the testimony of the
custodian or other qualified witness, unless the source of
information or the method of circumstances of preparation
Enrolled House Bill 2918 (HB 2918-C) Page 5
indicate lack of trustworthiness. The term 'business' as used in
this subsection includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(7) Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, and in any form, kept in
accordance with the provisions of subsection (6) of this section,
to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or
data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
(8) Records, reports, statements, or data compilations, in any
form, of public offices or agencies, setting forth:
(a) The activities of the office or agency;
(b) Matters observed pursuant to duty imposed by law as to
which matters there was a duty to report, excluding however, in
criminal cases matters observed by police officers and other law
enforcement personnel; or
(c) In civil actions and proceedings and against the government
in criminal cases, factual findings, resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness.
(9) Records or data compilations, in any form, of births, fetal
deaths, deaths or marriages, if the report thereof was made to a
public office pursuant to requirements of law.
(10) To prove the absence of a record, report, statement, or
data compilation, in any form, or the nonoccurrence or
nonexistence of a matter of which a record, report, statement, or
data compilation, in any form, was regularly made and preserved
by a public office or agency, evidence in the form of a
certification in accordance with ORS 40.510, or testimony, that
diligent search failed to disclose the record, report, statement,
or data compilation, or entry.
(11) Statements of births, marriages, divorces, deaths,
legitimacy, ancestry, relationship by blood or marriage, or other
similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
(12) A statement of fact contained in a certificate that the
maker performed a marriage or other ceremony or administered a
sacrament, made by a clergyman, public official, or other person
authorized by the rules or practices of a religious organization
or by law to perform the act certified, and purporting to have
been issued at the time of the act or within a reasonable time
thereafter.
(13) Statements of facts concerning personal or family history
contained in family bibles, genealogies, charts, engravings on
rings, inscriptions on family portraits, engravings on urns,
crypts, or tombstones, or the like.
(14) The record of a document purporting to establish or affect
an interest in property, as proof of content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office and an applicable statute authorizes
the recording of documents of that kind in that office.
(15) A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document, unless dealings with
Enrolled House Bill 2918 (HB 2918-C) Page 6
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.
(16) Statements in a document in existence 20 years or more the
authenticity of which is established.
(17) Market quotations, tabulations, lists, directories, or
other published compilations, generally used and relied upon by
the public or by persons in particular occupations.
(18) (Reserved.)
(18a)(a) A complaint of sexual misconduct or complaint of abuse
as defined in ORS 107.705 or 419B.005 made by the witness after
the commission of the alleged misconduct or abuse at issue.
Except as provided in paragraph (b) of this subsection, such
evidence must be confined to the fact that the complaint was
made.
(b) A statement made by a person concerning an act of abuse, as
defined in ORS 107.705 or 419B.005, is not excluded by ORS 40.455
if the declarant either testifies at the proceeding and is
subject to cross-examination or was chronologically or mentally
under 12 years of age at the time the statement was made and is
unavailable as a witness. However, if a declarant is unavailable,
the statement may be admitted in evidence only if the proponent
establishes that the time, content and circumstances of the
statement provide indicia of reliability, and in a criminal trial
that there is corroborative evidence of the act of abuse and of
the alleged perpetrator's opportunity to participate in the
conduct and that the statement possesses indicia of reliability
as is constitutionally required to be admitted. No statement may
be admitted under this paragraph unless the proponent of the
statement makes known to the adverse party the proponent's
intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good
cause shown. For purposes of this paragraph, in addition to those
situations described in ORS 40.465 (1), the declarant shall be
considered 'unavailable' if the declarant has a substantial lack
of memory of the subject matter of the statement, is presently
incompetent to testify, is unable to communicate about the abuse
or sexual conduct because of fear or other similar reason or is
substantially likely, as established by expert testimony, to
suffer lasting severe emotional trauma from testifying. Unless
otherwise agreed by the parties, the court shall examine the
declarant in chambers and on the record or outside the presence
of the jury and on the record. The examination shall be conducted
immediately prior to the commencement of the trial in the
presence of the attorney and the legal guardian or other suitable
adult as designated by the court. If the declarant is found to be
unavailable, the court shall then determine the admissibility of
the evidence. The determinations shall be appealable under ORS
138.060 { - (3) - } { + (1)(c) or (2)(a) + }. The purpose of
the examination shall be to aid the court in making its findings
regarding the availability of the declarant as a witness and the
reliability of the statement of the declarant. In determining
whether a statement possesses indicia of reliability under this
paragraph, the court may consider, but is not limited to, the
following factors:
(A) The personal knowledge of the declarant of the event;
(B) The age and maturity of the declarant or extent of
disability if the declarant is a person with developmental
disabilities;
Enrolled House Bill 2918 (HB 2918-C) Page 7
(C) Certainty that the statement was made, including the
credibility of the person testifying about the statement and any
motive the person may have to falsify or distort the statement;
(D) Any apparent motive the declarant may have to falsify or
distort the event, including bias, corruption or coercion;
(E) The timing of the statement of the declarant;
(F) Whether more than one person heard the statement;
(G) Whether the declarant was suffering pain or distress when
making the statement;
(H) Whether the declarant's young age or disability makes it
unlikely that the declarant fabricated a statement that
represents a graphic, detailed account beyond the knowledge and
experience of the declarant;
(I) Whether the statement has internal consistency or coherence
and uses terminology appropriate to the declarant's age or to the
extent of the declarant's disability if the declarant is a person
with developmental disabilities;
(J) Whether the statement is spontaneous or directly responsive
to questions; and
(K) Whether the statement was elicited by leading questions.
(c) This subsection applies to all civil, criminal and juvenile
proceedings.
(d) This subsection applies to a child declarant or an adult
declarant with developmental disabilities. For the purposes of
this subsection, 'developmental disabilities' means any
disability attributable to mental retardation, autism, cerebral
palsy, epilepsy or other disabling neurological condition that
requires training or support similar to that required by persons
with mental retardation, if either of the following apply:
(A) The disability originates before the person attains 22
years of age, or if the disability is attributable to mental
retardation the condition is manifested before the person attains
18 years of age, the disability can be expected to continue
indefinitely, and the disability constitutes a substantial
handicap to the ability of the person to function in society.
(B) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
(19) Reputation among members of a person's family by blood,
adoption or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person's personal
or family history.
(20) Reputation in a community, arising before the controversy,
as to boundaries of or customs affecting lands in the community,
and reputation as to events of general history important to the
community or state or nation in which located.
(21) Reputation of a person's character among associates of the
person or in the community.
(22) Evidence of a final judgment, entered after a trial or
upon a plea of guilty, but not upon a plea of no contest,
adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but
not including, when offered by the government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
Enrolled House Bill 2918 (HB 2918-C) Page 8
(23) Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
(24) Notwithstanding the limits contained in subsection (18a)
of this section, in any proceeding in which a child under 12
years of age at the time of trial, or a person with developmental
disabilities as described in subsection (18a)(d) of this section,
may be called as a witness to testify concerning an act of abuse,
as defined in ORS 419B.005, or sexual conduct performed with or
on the child or person with developmental disabilities by
another, the testimony of the child or person with developmental
disabilities taken by contemporaneous examination and
cross-examination in another place under the supervision of the
trial judge and communicated to the courtroom by closed circuit
television or other audiovisual means. Testimony will be allowed
as provided in this subsection only if the court finds that there
is a substantial likelihood, established by expert testimony,
that the child or person with developmental disabilities will
suffer severe emotional or psychological harm if required to
testify in open court. If the court makes such a finding, the
court, on motion of a party, the child, the person with
developmental disabilities or the court in a civil proceeding, or
on motion of the district attorney, the child or the person with
developmental disabilities in a criminal or juvenile proceeding,
may order that the testimony of the child or the person with
developmental disabilities be taken as described in this
subsection. Only the judge, the attorneys for the parties, the
parties, individuals necessary to operate the equipment and any
individual the court finds would contribute to the welfare and
well-being of the child or person with developmental disabilities
may be present during the testimony of the child or person with
developmental disabilities.
(25)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (3), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under a digital signature adopted by the Oregon State
Police pursuant to ORS 192.825 to 192.855 if the person receiving
the data attests that the document accurately reflects the data
received.
(c) Notwithstanding any statute or rule to the contrary, in any
criminal case in which documents are introduced under the
provisions of this subsection, the defendant may subpoena the
{ - criminalist - } { + analyst, as defined in ORS 475.235
(5), + } or other person that generated or keeps the original
document for the purpose of testifying at the preliminary hearing
and trial of the issue. Except as provided in ORS 44.550 to
44.566, no charge shall be made to the defendant for the
appearance of the { - criminalist - } { + analyst + } or
other person.
Enrolled House Bill 2918 (HB 2918-C) Page 9
(26)(a) A statement that purports to narrate, describe, report
or explain an incident of domestic violence, as defined in ORS
135.230, made by a victim of the domestic violence within 24
hours after the incident occurred, if the statement:
(A) Was recorded, either electronically or in writing, or was
made to a peace officer as defined in ORS 161.015, corrections
officer, youth corrections officer, parole and probation officer,
emergency medical technician or firefighter; and
(B) Has sufficient indicia of reliability.
(b) In determining whether a statement has sufficient indicia
of reliability under paragraph (a) of this subsection, the court
shall consider all circumstances surrounding the statement. The
court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of
reliability:
(A) The personal knowledge of the declarant.
(B) Whether the statement is corroborated by evidence other
than statements that are subject to admission only pursuant to
this subsection.
(C) The timing of the statement.
(D) Whether the statement was elicited by leading questions.
(E) Subsequent statements made by the declarant. Recantation by
a declarant is not sufficient reason for denying admission of a
statement under this subsection in the absence of other factors
indicating unreliability.
(27)(a) A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that:
(A) The statement is relevant;
(B) The statement is more probative on the point for which it
is offered than any other evidence that the proponent can procure
through reasonable efforts; and
(C) The general purposes of the Oregon Evidence Code and the
interests of justice will best be served by admission of the
statement into evidence.
(b) A statement may not be admitted under this subsection
unless the proponent of it makes known to the adverse party the
intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in
advance of the trial or hearing, or as soon as practicable after
it becomes apparent that such statement is probative of the
issues at hand, to provide the adverse party with a fair
opportunity to prepare to meet it.
SECTION 6. ORS 138.040 is amended to read:
138.040. Except as provided under ORS 138.050, the defendant
may appeal to the Court of Appeals from a judgment or order
described under ORS 138.053 in a circuit court, and may
cross-appeal when the state appeals pursuant to ORS 138.060
{ - (3) - } { + (1)(c) or (2)(a) + }. The following apply upon
such appeal or cross-appeal:
(1) The appellate court may review:
(a) Any decision of the court in an intermediate order or
proceeding.
(b) Any disposition described under ORS 138.053 as to whether
it:
(A) Exceeds the maximum allowable by law; or
(B) Is unconstitutionally cruel and unusual.
(2) If the appellate court determines the disposition imposed
exceeds the maximum allowable by law or is unconstitutionally
cruel and unusual, the appellate court shall direct the court
Enrolled House Bill 2918 (HB 2918-C) Page 10
from which the appeal is taken to impose the disposition that
should be imposed.
SECTION 7. ORS 138.071 is amended to read:
138.071. (1) Except as provided in subsections (2), (3) and (4)
of this section, the notice of appeal shall be served and filed
not later than 30 days after the judgment or order appealed from
was entered in the register.
(2) If a motion for new trial or motion in arrest of judgment
is served and filed the notice of appeal shall be served and
filed within 30 days from the earlier of the following dates:
(a) The date of entry of the order disposing of the motion; or
(b) The date on which the motion is deemed denied, as provided
in ORS 136.535.
(3) A defendant cross-appealing shall serve and file the notice
of cross-appeal within 10 days of the expiration of the time
allowed in subsection (1) of this section.
(4)(a) Upon motion of a defendant, the Court of Appeals shall
grant the defendant leave to file a notice of appeal after the
time limits described in subsections (1) to (3) of this section
if:
(A) The defendant, by clear and convincing evidence, shows that
the failure to file a timely notice of appeal is not attributable
to the defendant personally; and
(B) The defendant shows a colorable claim of error in the
proceeding from which the appeal is taken.
(b) A defendant shall not be entitled to relief under this
subsection for failure to file timely notice of cross-appeal when
the state appeals pursuant to ORS 138.060 { - (3) - }
{ + (1)(c) or (2)(a) + }.
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsections (1) to (3) of this section
shall be filed no later than 90 days after entry of the order or
judgment being appealed and shall be accompanied by the notice of
appeal sought to be filed. A request for leave under this
subsection may be filed by mail and shall be deemed filed on the
date of mailing if the request is mailed as provided in ORS
19.260.
(d) The court shall not grant relief under this subsection
unless the state has notice and opportunity to respond to the
defendant's request for relief.
(e) The denial of a motion under paragraph (a) of this
subsection shall be a bar to post-conviction relief under ORS
138.510 to 138.680 on the same ground, unless the court provides
otherwise.
SECTION 8. ORS 138.081 is amended to read:
138.081. (1) An appeal shall be taken by causing a notice of
appeal in the form prescribed by ORS 19.250 to be served:
(a)(A) On the district attorney for the county in which the
judgment is entered, when the defendant appeals, or if the appeal
is under ORS 221.360 on the plaintiff's attorney; or
(B) On the attorney of record for the defendant, or if the
defendant has no attorney of record, on the defendant, when the
state appeals; and
(b) On the trial court transcript coordinator if a transcript
is required in connection with the appeal; and
(c) On the clerk of the trial court.
(2)(a) The original of the notice shall be filed with the clerk
of the court to which the appeal is made.
Enrolled House Bill 2918 (HB 2918-C) Page 11
(b) Proof of service of the notice of appeal shall be indorsed
on or affixed to the original filed with the Court of Appeals
{ + or the Supreme Court + }.
SECTION 9. ORS 475.996 is amended to read:
475.996. (1) A violation of ORS 475.992 shall be classified as
crime category 8 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission if:
(a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
(D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
(E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana;
(F) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
{ - or - }
(G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { - . - } { + ; or
(H) Five grams or more or 25 or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine. + }
(b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
(A) The delivery was of heroin, cocaine, hashish, marijuana,
methamphetamine, lysergic acid diethylamide, psilocybin or
psilocin and was for consideration;
(B) The offender was in possession of $300 or more in cash;
(C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
(D) The offender was in possession of materials being used for
the packaging of controlled substances such as scales, wrapping
or foil, other than the material being used to contain the
substance that is the subject of the offense;
(E) The offender was in possession of drug transaction records
or customer lists;
(F) The offender was in possession of stolen property;
(G) Modification of structures by painting, wiring, plumbing or
lighting to facilitate a controlled substance offense;
Enrolled House Bill 2918 (HB 2918-C) Page 12
(H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
(I) The offender was using public lands for the manufacture of
controlled substances;
(J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
(K) The offender was in possession of controlled substances in
an amount greater than:
(i) Three grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
(iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
(iv) Eight grams or more of a mixture or substance containing a
detectable amount of hashish;
(v) One hundred ten grams or more of a mixture or substance
containing a detectable amount of marijuana;
(vi) Twenty or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
{ - or - }
(vii) Ten grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { + ; or
(viii) Four grams or more or 20 or more pills, tablets or
capsules of a mixture or substance containing a detectable amount
of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine + }.
(c) The violation constitutes a violation of ORS 475.999.
(2) A violation of ORS 475.992 shall be classified as crime
category 6 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin,
cocaine { + , + }
{ - or - } methamphetamine { + or
3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine
or 3,4-methylenedioxy-N-ethylamphetamine + } and is for
consideration.
(b) The violation constitutes possession of:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
(D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
(E) One hundred fifty grams or more of a mixture or substance
containing a detectable amount of marijuana;
(F) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
{ - or - }
(G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { + ; or
(H) Five grams or more or 25 or more pills, tablets or capsules
of a mixture or substance containing a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
Enrolled House Bill 2918 (HB 2918-C) Page 13
(iii) 3,4-methylenedioxy-N-ethylamphetamine + }.
(3) Any felony violation of ORS 475.992 not contained in
subsection (1) or (2) of this section shall be classified as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
(b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
(4) In order to prove a commercial drug offense, the state
shall plead in the accusatory instrument sufficient factors of a
commercial drug offense under subsections (1) and (2) of this
section. The state has the burden of proving each factor beyond a
reasonable doubt.
SECTION 10. ORS 133.069 is amended to read:
133.069. (1) A criminal citation issued with a form of
complaint must contain:
(a) The name of the court at which the cited person is to
appear.
(b) The name of the person cited.
(c) A complaint containing at least the following:
(A) The name of the court, the name of the state or of the city
or other public body in whose name the action is brought and the
name of the defendant.
(B) A statement or designation of the crime that can be readily
understood by a person making a reasonable effort to do so and
the date, time and place at which the crime is alleged to have
been committed.
{ + (C) A form of certificate in which the peace officer must
certify that the peace officer has reasonable grounds to believe,
and does believe, that the person named in the complaint
committed the offense specified in the complaint. A certificate
conforming to this subparagraph shall be deemed equivalent to a
sworn complaint. + }
(d) The date on which the citation was issued, and the name of
the peace officer who issued the citation.
(e) The date, time and place at which the person cited is to
appear in court, and a summons to so appear.
(f) If the arrest was made by a private party, the name of the
arresting person.
(2) The district attorney for the county shall review any
criminal citation issued with a form of complaint that is to be
filed in a circuit or justice court. The review must be done
before the complaint is filed.
{ + (3) If the complaint does not conform to the requirements
of this section, the court shall set the complaint aside upon
motion of the defendant made before entry of a plea. A pretrial
ruling on a motion to set aside may be appealed by the state.
(4) A court may amend a complaint at its discretion. + }
SECTION 11. ORS 163.547 is amended to read:
163.547. (1) A person having custody or control of a child
under 16 years of age commits the crime of child neglect in the
first degree if the person knowingly leaves the child, or allows
the child to stay, in a vehicle where controlled substances are
being criminally delivered or manufactured { - for
consideration or profit - } or on premises and in the immediate
proximity where controlled substances are criminally delivered or
manufactured for consideration or profit. As used in this
subsection, 'vehicle ' and 'premises' do not include public
places, as defined in ORS 161.015.
Enrolled House Bill 2918 (HB 2918-C) Page 14
(2) Child neglect in the first degree is a Class B felony.
{ + (3) Subsection (1) of this section does not apply if the
controlled substance is marijuana and is delivered for no
consideration. + }
SECTION 12. ORS 181.080 is amended to read:
181.080. (1) The Department of State Police may establish
{ - crime detection - } { + forensic + } laboratories { - ,
to be operated by the department in cooperation with the Oregon
Health Sciences University - } .
{ - (2) The Oregon Health Sciences University may furnish
adequate quarters, heat and light for the laboratory in the
buildings of the school at Portland and may assist the personnel
of all laboratories with technical advice and assistance. - }
{ - (3) - } { + (2) + } The laboratories shall furnish
service as available to all district attorneys, sheriffs and
other peace officers in the state. The services of the
laboratories shall also be available to any defendant in a
criminal case on order of the court before which the criminal
case is pending.
SECTION 13. ORS 181.360 is amended to read:
181.360. The Superintendent of State Police shall appoint:
(1) The director of each { - crime detection - }
{ + forensic + } laboratory, who shall have charge and
supervision over the laboratory under the general supervision of
the superintendent.
(2) The assistants necessary for the operation of the
laboratories.
SECTION 14. ORS 475.235 is amended to read:
475.235. (1) It is not necessary for the state to negate any
exemption or exception in ORS 475.005 to 475.285 and 475.940 to
475.995 in any complaint, information, indictment or other
pleading or in any trial, hearing or other proceeding under ORS
475.005 to 475.285 and 475.940 to 475.995. The burden of proof of
any exemption or exception is upon the person claiming it.
(2) In the absence of proof that a person is the duly
authorized holder of an appropriate registration or order form
issued under ORS 475.005 to 475.285 and 475.940 to 475.995, the
person is presumed not to be the holder of the registration or
form. The burden of proof is upon the person to rebut the
presumption.
(3) In all prosecutions in which an analysis of a controlled
substance or sample was conducted, a certified copy of the
analytical report signed by the director of { - the - }
{ + a + } state police
{ - crime detection - } { + forensic + } laboratory or the
{ - criminalist - } { + analyst + } conducting the analysis
shall be accepted as prima facie evidence of the results of the
analytical findings.
(4) Notwithstanding any statute or rule to the contrary, the
defendant may subpoena the { - criminalist - }
{ + analyst + } to testify at the preliminary hearing and trial
of the issue at no cost to the defendant.
{ + (5) As used in this section, 'analyst' means a person
employed by the Department of State Police to conduct analysis in
forensic laboratories established by the department under ORS
181.080. + }
{ + NOTE: + } Section 15 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 16. ORS 419C.085 is amended to read:
Enrolled House Bill 2918 (HB 2918-C) Page 15
419C.085. In lieu of taking a youth into custody, a peace
officer may issue a citation to a youth for the same offenses and
under the same circumstances that a citation may be issued to an
adult. Unless the citation is issued for violation of law or
ordinance for which an order has been entered pursuant to ORS
419C.370, the citation is returnable to the juvenile court of the
county in which the citation is issued. Law enforcement agencies
in a county, in consultation with the juvenile court of the
county, may develop a form for citations issued pursuant to this
section. { + The peace officer shall send a copy of the citation
to the district attorney. + }
SECTION 17. ORS 419C.106 is amended to read:
419C.106. { + (1) + } Except where the youth is taken into
custody pursuant to an order of the court, the person taking the
youth into custody under ORS 419C.080 and 419C.088 shall promptly
file with the court or a counselor a brief written report stating
all of the following:
{ - (1) - } { + (a) + } The youth's name, age and address.
{ - (2) - } { + (b) + } The name and address of the person
having legal or physical custody of the youth.
{ - (3) - } { + (c) + } Efforts to notify the person having
legal or physical custody of the youth and the results of those
efforts.
{ - (4) - } { + (d) + } Reasons for and circumstances under
which the youth was taken into custody.
{ - (5) - } { + (e) + } If the youth is not taken to court,
the placement of the youth.
{ - (6) - } { + (f) + } If the youth was not released, the
reason why the youth was not released.
{ - (7) - } { + (g) + } If the youth is not taken to court,
why the type of placement was chosen.
{ + (2) The person taking the youth into custody under ORS
419C.080 and 419C.088 shall also send a copy of the report under
subsection (1) of this section to the district attorney. + }
SECTION 18. ORS 164.377 is amended to read:
164.377. (1) As used in this section:
(a) To 'access' means to instruct, communicate with, store data
in, retrieve data from or otherwise make use of any resources of
a computer, computer system or computer network.
(b) 'Computer' means, but is not limited to, an
electronic { + , magnetic, optical electrochemical or other
high-speed data processing + }device { - which - } { +
that + } performs logical, arithmetic or memory functions by the
manipulations of electronic, magnetic or optical signals or
impulses, and includes { + the components of a computer and
+ }all input, output, processing, storage, software or
communication facilities { - which - } { + that + } are
connected or related to such a device in a system or network.
(c) 'Computer network' means, but is not limited to, the
interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through
remote terminals or a complex consisting of two or more
interconnected computers.
(d) 'Computer program' means, but is not limited to, a series
of instructions or statements, in a form acceptable to a
computer, which permits the functioning of a computer system in a
manner designed to provide appropriate products from or usage of
such computer system.
Enrolled House Bill 2918 (HB 2918-C) Page 16
(e) 'Computer software' means, but is not limited to, computer
programs, procedures and associated documentation concerned with
the operation of a computer system.
(f) 'Computer system' means, but is not limited to, a set of
related, connected or unconnected, computer equipment, devices
and software. 'Computer system' also includes any computer,
device or software owned or operated by the Oregon State Lottery
or rented, owned or operated by another person or entity under
contract to or at the direction of the Oregon State Lottery.
(g) 'Data' means a representation of information, knowledge,
facts, concepts, computer software, computer programs or
instructions. 'Data' may be in any form, in storage media, or as
stored in the memory of the computer, or in transit, or presented
on a display device. 'Data' includes, but is not limited to,
computer or human readable forms of numbers, text, stored voice,
graphics and images.
(h) 'Property' includes, but is not limited to, financial
instruments, information, including electronically produced data,
and computer software and programs in either computer or human
readable form, intellectual property and any other tangible or
intangible item of value.
(i) 'Proprietary information' includes any scientific,
technical or commercial information including any design,
process, procedure, list of customers, list of suppliers,
customers' records or business code or improvement thereof that
is known only to limited individuals within an organization and
is used in a business that the organization conducts. The
information must have actual or potential commercial value and
give the user of the information an opportunity to obtain a
business advantage over competitors who do not know or use the
information.
(j) 'Services' include, but are not limited to, computer time,
data processing and storage functions.
(2) Any person commits computer crime who knowingly accesses,
attempts to access or uses, or attempts to use, any computer,
computer system, computer network or any part thereof for the
purpose of:
(a) Devising or executing any scheme or artifice to defraud;
(b) Obtaining money, property or services by means of false or
fraudulent pretenses, representations or promises; or
(c) Committing theft, including, but not limited to, theft of
proprietary information.
(3) Any person who knowingly and without authorization alters,
damages or destroys any computer, computer system, computer
network, or any computer software, program, documentation or data
contained in such computer, computer system or computer network,
commits computer crime.
(4) Any person who knowingly and without authorization uses,
accesses or attempts to access any computer, computer system,
computer network, or any computer software, program,
documentation or data contained in such computer, computer system
or computer network, commits computer crime.
(5)(a) A violation of the provisions of subsection (2) or (3)
of this section shall be a Class C felony. Except as provided in
paragraph (b) of this subsection, a violation of the provisions
of subsection (4) of this section shall be a Class A misdemeanor.
(b) Any violation of this section relating to a computer,
computer network, computer program, computer software, computer
system or data owned or operated by the Oregon State Lottery or
rented, owned or operated by another person or entity under
Enrolled House Bill 2918 (HB 2918-C) Page 17
contract to or at the direction of the Oregon State Lottery
Commission shall be a Class C felony.
SECTION 19. { + Sections 3 (amending ORS 136.290), 4 (amending
ORS 136.295) and 5, chapter 923, Oregon Laws 1999, are
repealed. + }
SECTION 20. { + ORS 475.996 and 475.999 are added to and made
a part of ORS 475.940 to 475.995. + }
SECTION 21. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Emergency Board, for
the biennium beginning July 1, 2001, out of the General Fund, the
amount of $33,545 for allocation to the Department of
Corrections, after the April 2002 prison population forecast, for
population management issues resulting from implementation of the
amendments to ORS 163.547, 165.800 and 475.996 by sections 3, 9
and 11 of this 2001 Act. Any moneys that remain unallocated and
unobligated by the Emergency Board on November 1, 2002, become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
SECTION 22. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Corrections, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $27,459, which may be expended to
cover additional community corrections costs incurred as a result
of the implementation of the amendments to ORS 163.547, 165.800
and 475.996 by sections 3, 9 and 11 of this 2001 Act. + }
SECTION 23. { + As used in sections 23 to 31 of this 2001 Act:
(1) 'Domestic violence' has the meaning given that term in ORS
135.230; and
(2) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305. + }
SECTION 24. { + There is established in the State Treasury,
separate and distinct from the General Fund, the Oregon Domestic
and Sexual Violence Services Fund. All moneys in the fund are
continuously appropriated to the Department of Justice and shall
be used by the department to carry out a program of domestic and
sexual violence services that:
(1) Provides safety for and assists victims of domestic
violence and sexual assault, promotes effective intervention and
reduces the incidence of domestic violence and sexual assault;
(2) Advocates for victims and for domestic violence and sexual
assault services; and
(3) Promotes and facilitates interagency and interdepartmental
cooperation among state agencies, including the Department of
Human Services and the Department of State Police, and among
different levels of government in this state in the delivery and
funding of services. + }
SECTION 25. { + (1) If sufficient funds are available in the
Oregon Domestic and Sexual Violence Services Fund, the Attorney
General or the Attorney General's designee may make grants from
the fund to carry out the plan developed under section 26 of this
2001 Act.
(2) The Attorney General may hire staff necessary to accomplish
the purposes of the plan developed under section 26 of this 2001
Act.
(3) In accordance with ORS 183.310 to 183.550, the Attorney
General shall adopt rules necessary to carry out the provisions
of sections 23 to 31 of this 2001 Act. + }
SECTION 26. { + (1) Prior to January 1, 2002, the Department
of Justice shall develop a plan for the allocation of funds that
Enrolled House Bill 2918 (HB 2918-C) Page 18
are appropriated under section 32 of this 2001 Act in
collaboration with:
(a) The Department of Human Services;
(b) The Department of State Police;
(c) The Oregon Coalition Against Domestic and Sexual Violence;
(d) The Governor's Council on Domestic Violence;
(e) The Attorney General's Sexual Assault Task Force;
(f) Victims of domestic and sexual violence;
(g) Representatives of county governments and county human
services departments;
(h) Representatives of local domestic violence councils;
(i) Representatives of domestic violence victim services
providers or advocacy organizations; and
(j) Other interested organizations.
(2) The plan developed under subsection (1) of this section
shall:
(a) Set the criteria, procedures and timelines for allocation
of funds;
(b) Establish uniform systems for reporting requirements,
collecting statistical data and reporting measurable outcomes for
programs that receive funding;
(c) Set guidelines for the planning, coordination and delivery
of services by programs that receive funding;
(d) Provide a process whereby the Department of Justice may
review all findings from data collected from programs that
receive funding. If the department conducts a review, the
department shall use the information to develop future economic
resources and services and to coordinate services; and
(e) Further the purposes set forth in section 24 of this 2001
Act. + }
SECTION 27. { + To the extent that funds are available, the
Department of Justice may:
(1) Pursue centralized training, technical assistance, policy
development and implementation;
(2) Conduct statewide community outreach and public education;
(3) Develop innovative projects based on demonstrated
effectiveness that address domestic and sexual violence;
(4) Provide information and policy advice based on current
research and demonstrated effectiveness in Oregon and other
states, including successful local strategies; and
(5) Compile, analyze and distribute materials to inform and
support statewide coordinated planning. + }
SECTION 28. { + In administering the Oregon Domestic and
Sexual Violence Services Fund, the Department of Justice shall:
(1) Expend no less than 15 percent of moneys distributed under
the plan on sexual assault services; and
(2) Expend no more than five percent of the moneys distributed
under the plan on administrative costs. + }
SECTION 29. { + The Department of Justice, in developing the
plan under section 26 of this 2001 Act, shall consider ways to:
(1) Balance funding for intervention, infrastructure and
prevention services;
(2) Prioritize services;
(3) Utilize local community plans reflecting local program
service needs;
(4) Establish programs and services for victims of both
domestic violence and sexual assault;
(5) Establish programs that are culturally specific; and
(6) Ensure that there is a coordinated community response to
domestic violence and sexual assault and, to the extent
Enrolled House Bill 2918 (HB 2918-C) Page 19
practicable, ensure that domestic violence and sexual assault
services are coordinated with other community services. + }
SECTION 30. { + (1) After development of the plan described in
section 26 of this 2001 Act and presentation of the plan to the
appropriate interim legislative committee as required in section
31 of this 2001 Act, there is created an advisory council that
shall consist of at least 15, but not more than 20, members. The
council shall advise the Department of Justice on the
administration of the policies and practices of the domestic and
sexual violence services program. Members shall be appointed by
and serve at the pleasure of the Attorney General. Membership in
the council shall:
(a) Accurately reflect the diversity of the population in
Oregon as well as the diversity of individuals needing services;
(b) Be composed of both lay and professionally trained
individuals with expertise in domestic violence and sexual
assault services;
(c) Include representatives of other state agencies providing
services;
(d) Include representatives of professional, civil or other
public or private organizations;
(e) Include private citizens interested in service programs;
and
(f) Include recipients of assistance or services or their
representatives.
(2) Members of the advisory council may not receive
compensation for their services. Members of the advisory council
other than members employed in full-time public service shall be
reimbursed by the Department of Justice for their actual and
necessary expenses incurred in the performance of their duties.
The reimbursement shall be subject to the provisions of ORS
292.210 to 292.288. Members of the advisory council who are
employed in full-time public service may be reimbursed by their
employing agencies for their actual and necessary expenses
incurred in the performance of their duties. + }
SECTION 31. { + The Department of Justice shall present the
plan that is developed under section 26 of this 2001 Act to the
appropriate legislative interim committees with oversight of
domestic and sexual violence services programs and issues of
domestic and sexual violence. + }
SECTION 32. { + There is appropriated to the Department of
Justice, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $2,500,000 for the purpose of
carrying out sections 23 to 31 of this 2001 Act. + }
SECTION 33. { + Sections 4a, 4b, 19, 20, 21 and 22 of this
2001 Act and the amendments to statutes by sections 1 to 4, 4c, 5
to 14 and 16 to 18 of this 2001 Act become operative on January
1, 2002. + }
SECTION 34. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect on
its passage. + }
----------
Enrolled House Bill 2918 (HB 2918-C) Page 20
Passed by House April 27, 2001
Repassed by House July 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 5, 2001
...........................................................
President of Senate
Enrolled House Bill 2918 (HB 2918-C) Page 21
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2918 (HB 2918-C) Page 22