71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. SB 370
 
LC 732/SB 370-A18
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 370
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 25
 
  On page 1 of the printed A-engrossed bill, line 3, after '
181.600' insert ', 419A.260'.
  In line 5, after 'money' insert '; limiting expenditures'.
  On page 3, delete lines 24 through 45 and insert:
  '  { +  SECTION 3a. + }  { + (1)(a) No later than 90 days after
the termination of juvenile court jurisdiction over a person
required to report under ORS 181.595, 181.596 or 181.597, the
person may file a petition for relief from the duty to report.
The person must file the petition in the juvenile court in which
the person was adjudicated for the act that requires reporting.
  ' (b) The juvenile court in which a petition under this section
is filed may transfer the matter to the juvenile court of the
county that last supervised the person if the court determines
that the convenience of the parties, the victim and witnesses
require the transfer.
  ' (c) The juvenile court has exclusive original jurisdiction in
any proceeding under this section.
  ' (d) The person, the district attorney and the juvenile
department are parties to a hearing on a petition filed under
this section.
  ' (2) When a person files a petition under this section, the
state has the burden of proving by clear and convincing evidence
that the person is not rehabilitated and continues to pose a
threat to the safety of the public. In determining whether the
state has met its burden of proof, the juvenile court may
consider but need not be limited to considering:
  ' (a) The extent and impact of any physical or emotional injury
to the victim;
  ' (b) The nature of the act that subjected the person to the
duty of reporting as a sex offender;
  ' (c) Whether the person used or threatened to use force in
committing the act;
  ' (d) Whether the act was premeditated;
  ' (e) Whether the person took advantage of a position of
authority or trust in committing the act;
  ' (f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
  ' (g) The vulnerability of the victim;
  ' (h) Other acts committed by the person that would be crimes
if committed by an adult and criminal activities engaged in by
the person before and after the adjudication;
  ' (i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
  ' (j) The person's willingness to accept personal
responsibility for the act and personal accountability for the
consequences of the act;
  ' (k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
  ' (L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
  ' (A) The availability, duration and extent of the treatment
activities;
  ' (B) Reports and recommendations from the providers of the
treatment;
  ' (C) The person's compliance with court or supervision
requirements regarding treatment; and
  ' (D) The quality and thoroughness of the treatment program;
  ' (m) The person's academic and employment history;
  ' (n) The person's use of drugs or alcohol before and after the
adjudication;
  ' (o) The person's history of public or private indecency;
  ' (p) The person's compliance with and success in completing
the terms of supervision;
  ' (q) The results of psychological examinations of the person;
  ' (r) The protection afforded the public by the continued
existence of the records; and
  ' (s) Any other relevant factors.
  ' (3) If the person or, if the person is less than 18 years of
age, the parent or guardian of the person requests counsel for
the person but is without sufficient financial means to employ
suitable counsel possessing skills and experience commensurate
with the nature of the petition, the court may appoint suitable
counsel to represent the person. Appointment of counsel under
this subsection is subject to ORS 419C.200, 419C.203, 419C.206
and 419C.209.
  ' (4) When a petition is filed under this section, the state
has the right to have a psychosexual evaluation of the person
conducted. The state shall file notice with the juvenile court of
its intention to have the person evaluated. If the person objects
to the evaluator chosen by the state, the juvenile court for good
cause shown may direct the state to select a different evaluator.
  ' (5) As soon as practicable after a petition has been filed
under this section, the district attorney shall make a reasonable
effort to notify the victim of the crime that the person has
filed a petition seeking relief under this section.
  ' (6) When a juvenile court enters an order relieving a person
of the requirement to report under ORS 181.595, 181.596 or
181.597, the person is responsible for sending a certified copy
of the juvenile court order to the Department of State
Police. + }
  '  { +  SECTION 3b. + } ORS 419A.260 is amended to read:
  ' 419A.260. (1) As used in this section and ORS 419A.262:
  ' (a) 'Contact' means any instance in which a person's act or
behavior, or alleged act or behavior, which could result in a
juvenile court's assumption of jurisdiction under ORS 419B.100
(1)(a) to (c) and (f) or 419C.005 comes to the attention of an
agency specified in paragraph (d) of this subsection.
  ' (b) 'Expunction' means:
  ' (A) The removal and destruction or sealing of a judgment or
order related to a contact and all records and references; and
  ' (B) Where a record is kept by the State Office for Services
to Children and Families or the Oregon Youth Authority, either
the sealing of such record by the office or the Oregon Youth
Authority or, in a multiperson file, the affixing to the front of
the file, by the office or the youth authority, a stamp or
statement identifying the name of the individual, the date of
expunction and instruction that no further reference shall be
made to the material that is subject to the expunction order
except upon an order of a court of competent jurisdiction.
  ' (c) 'Person' includes a person under 18 years of age.
  ' (d) 'Record' includes a fingerprint or photograph file,
report, exhibit or other material which contains information
relating to a person's contact with any law enforcement agency or
juvenile court or juvenile department and is kept manually,
through the use of electronic data processing equipment, or by
any other means by a law enforcement or public investigative
agency, a juvenile court or juvenile department or an agency of
the State of Oregon. 'Record' does not include:
  ' (A) A transcript of a student's academic record at a youth
correction facility, as defined in ORS 420.005;
  ' (B) Material on file with a public agency which is necessary
for obtaining federal financial participation regarding financial
assistance or services on behalf of a person who has had a
contact;
  ' (C) Records kept or disseminated by the Department of
Transportation, State Marine Board and State Fish and Wildlife
Commission pursuant to juvenile or adult order or recommendation;
  ' (D) Police and court records related to an order of waiver
where the matter is still pending in the adult court or on appeal
therefrom, or to any disposition as an adult pursuant to such
order;
  ' (E) Records related to a support obligation;
  ' (F) Medical records;
  ' (G) Records of a proposed or adjudicated termination of
parental rights and adoptions;
  ' (H) Any law enforcement record of a person who currently does
not qualify for expunction or of current investigations or cases
waived to the adult court;
  ' (I) Records and case reports of the Oregon Supreme Court and
the Oregon Court of Appeals;
  ' (J) Any records in cases under ORS 419C.005 in which a
juvenile court found a person to be within the jurisdiction of
the court based upon the person's commission of an act which if
done by an adult would constitute one of the following offenses:
  ' (i) Aggravated murder under ORS 163.095;
  ' (ii) Murder under ORS 163.115;
  ' (iii) Attempt, solicitation or conspiracy to commit murder or
aggravated murder;
  ' (iv) Manslaughter in the first degree under ORS 163.118;
  ' (v) Manslaughter in the second degree under ORS 163.125;
  ' (vi) Criminally negligent homicide under ORS 163.145;
  ' (vii) Assault in the first degree under ORS 163.185;
  ' (viii) Criminal mistreatment in the first degree under ORS
163.205;
  ' (ix) Kidnapping in the first degree under ORS 163.235;
  ' (x) Rape in the third degree under ORS 163.355;
  ' (xi) Rape in the second degree under ORS 163.365;
  ' (xii) Rape in the first degree under ORS 163.375;
  ' (xiii) Sodomy in the third degree under ORS 163.385;
  ' (xiv) Sodomy in the second degree under ORS 163.395;
  ' (xv) Sodomy in the first degree under ORS 163.405;
  ' (xvi) Unlawful sexual penetration in the second degree under
ORS 163.408;
  ' (xvii) Unlawful sexual penetration in the first degree under
ORS 163.411;
  ' (xviii) Sexual abuse in the third degree under ORS 163.415;
  ' (xix) Sexual abuse in the second degree under ORS 163.425;
  ' (xx) Sexual abuse in the first degree under ORS 163.427;
  ' (xxi) Promoting prostitution under ORS 167.012;
  ' (xxii) Compelling prostitution under ORS 167.017; or
  ' (xxiii) An attempt to commit a crime listed in this
subparagraph other than manslaughter in the second degree and
criminally negligent homicide;
  ' (K) Blood samples, buccal samples and other physical evidence
and identification information obtained, stored or maintained by
the Department of State Police under authority of ORS 137.076,
181.085 or 419C.473; or
  ' (L) Records maintained in the Law Enforcement Data System
under section 1, chapter 626, Oregon Laws 1999.
  ' (e) 'Termination' means:
  ' (A) For a person who is the subject of a record kept by a
juvenile court or juvenile department, the final disposition of a
case by informal means, by a decision not to place the person on
probation or make the person a ward of the court after the person
has been found to be within the court's jurisdiction, or by a
discontinuance of probation or of the court's wardship.
  ' (B) For a person who is the subject of a record kept by a law
enforcement or public investigative agency, a juvenile court or
juvenile department or an agency of the State of Oregon, the
final disposition of the person's most recent contact with a law
enforcement agency.
  ' (2) The juvenile court or juvenile department shall make
reasonable effort to provide written notice to a child who is
within the court's jurisdiction under ORS 419B.100 (1)(a) to (c)
and (f) or to a youth who is within the court's jurisdiction
under ORS 419C.005, and to the child's or youth's parent, of the
procedures for expunction of a record, the right to counsel under
this chapter,   { - and - }  the legal effect of an expunction
order  { + and the procedures for seeking relief from the duty to
report as a sex offender provided under section 3a of this 2001
Act + }, at the following times:
  ' (a) At any dispositional hearing or at the time of entering
into a formal accountability agreement;
  ' (b) At the time of termination;
  ' (c) Upon notice to the subject of an expunction pending
pursuant to application of a juvenile department or motion on a
juvenile court; and
  ' (d) At the time of notice of execution of an expunction
order.
  '  { +  SECTION 3c. + }  { + Section 3a of this 2001 Act and
the amendments to ORS 419A.260 by section 3b of this 2001 Act
apply only to persons found to be within the jurisdiction of the
juvenile court for having committed, on or after the operative
date of this section, an act that requires reporting under ORS
181.595, 181.596 or 181.597. + } ' .
  On page 4, delete lines 1 through 19.
  On page 9, line 21, after 'Sections' insert '3a, 3c,'.
  In line 22, after '3' insert ', 3b'.
  After line 23, insert:
  '  { +  SECTION 15. + }  { + Notwithstanding any other law
limiting expenditures for payment of expenses from fees, moneys
or other revenues, including Miscellaneous Receipts, but
excluding lottery funds, for the biennium beginning July 1, 2001,
the expenditure limitation established for the Department of
State Police for criminal investigations and gaming activities
and operations by section 2 (3), chapter __, Oregon Laws 2001
(Enrolled Senate Bill 5538), is increased by $174,998 for the
purpose of carrying out the duties resulting from the enactment
of section 1 of this 2001 Act. + } ' .
  In line 24, delete '15' and insert '16'.
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