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 3064
 
                         Senate Bill 663
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Requires Governor to demand return of certain sex offenders
from other jurisdictions. Requires district attorneys, parole
boards, superintendents of institutions and sheriffs to apply to
Governor for return of certain sex offenders.
 
                        A BILL FOR AN ACT
Relating to extradition; amending ORS 133.827 and 133.833.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 133.827 is amended to read:
  133.827.  { + (1) + } Whenever the Governor of this state
 { - shall demand - }  { +  demands + } a person charged with
crime or with escaping from confinement or breaking the terms of
security release, probation or parole in this state from the
chief executive of any other state, or from the Chief Justice or
an Associate Justice of the Supreme Court of the District of
Columbia authorized to receive such demand under the laws of the
United States, the Governor shall issue a warrant under the seal
of this state to some agent or agents, commanding the agent to
receive the person so charged if delivered to the agent and
convey the person to the proper officer of the county in this
state in which the offense was committed.
   { +  (2) The Governor shall make the demand and issue the
warrant required by subsection (1) of this section if the person
is charged with a sex crime or is charged with escaping from
confinement or breaking the terms of security release, probation
or parole and the crime of conviction is a sex crime. As used in
this subsection, 'sex crime' means a crime listed in ORS 181.594
(2)(a) to (r). + }
  SECTION 2. ORS 133.833 is amended to read:
  133.833. (1) When the return to this state of a person charged
with crime in this state is required, the district attorney of
the county in which the alleged crime is committed shall present
to the Governor written application for a requisition for the
return of the person charged, in which application shall be
stated the name of the person so charged, the crime charged
against the person, the approximate time, place and circumstances
of its commission, the state in which the person is believed to
be, including the location of the accused therein at the time the
application is made, and certifying that in the opinion of the
district attorney the interest of the public in the effective
administration of criminal justice requires the arrest and return
of the accused to this state for trial, and that the proceeding
is not instituted to enforce a private claim. { +  The district
attorney shall present an application for a requisition under
this subsection if the person to be returned is charged with
committing a sex crime. + }
  (2) When the return to this state is required of a person who
has been convicted of or found guilty except for insanity of a
crime in this state and who has escaped from confinement or
broken the terms of the release, probation or parole of such
person, the district attorney of the county in which the offense
was committed, the parole board, or the superintendent of the
institution or sheriff of the county from which escape was made,
shall present to the Governor a written application for a
requisition for the return of such person, in which application
shall be stated the name of the person, the crime of which the
person was convicted or found guilty except for insanity, the
circumstances of the escape from confinement or of the breach of
the terms of release, probation or parole,  { + and + } the state
in which the person is believed to be, including the location of
the person therein at the time application is made. { +  The
district attorney, parole board, superintendent of the
institution or sheriff shall present an application for a
requisition under this subsection if the person who has escaped
confinement or broken the terms of release, probation or parole
was convicted of or found guilty except for insanity of a sex
crime. + }
  (3) The application shall be verified by affidavit, shall be
executed in duplicate and shall be accompanied by two certified
copies of the indictment returned, or information and affidavit
filed, or of the complaint made to the magistrate, stating the
offense with which the accused is charged, or of the judgment of
conviction or of the sentence. The district attorney, parole
board, superintendent or sheriff may also attach such further
affidavits and other documents in duplicate as the district
attorney, parole board, superintendent or sheriff shall deem
proper to be submitted with such application. One copy of the
application, with the action of the Governor indicated by
indorsement thereon, and one of the certified copies of the
indictment, complaint, information and affidavit, or of the
judgment of conviction or of the sentence shall be filed in the
office of the Secretary of State to remain of record in that
office. The other copies of all papers shall be forwarded with
the Governor's requisition.
   { +  (4) As used in this section, 'sex crime' means a crime
listed in ORS 181.594 (2)(a) to (r). + }
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