72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2118
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for the Department of Justice)
CHAPTER ................
AN ACT
Relating to racketeering; amending ORS 165.663 and 165.667.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 165.663 is amended to read:
165.663. Any police officer may apply to the circuit court in
which judicial district the targeted telephone is located for an
ex parte order or extension of an order authorizing the
installation and use of a pen register or a trap and trace
device. The application shall:
(1) Be in writing under oath;
(2) Include the identity of the applicant and the identity of
the law enforcement agency conducting the investigation;
{ - and - }
{ - (3) Contain a statement demonstrating that there is
probable cause to believe that an individual is committing, has
committed or is about to commit a particular felony of murder,
kidnapping, arson, robbery, bribery, extortion or other crime
dangerous to life and punishable as a felony, or a crime
punishable as a felony under ORS 475.992 or 475.995, or any
conspiracy to commit any of those crimes, and that use of a pen
register or trap and trace device will yield evidence relevant to
the crimes. - }
{ + (3) Contain a statement demonstrating that there is
probable cause to believe that an individual is committing, has
committed or is about to commit:
(a) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and
punishable as a felony;
(b) A crime punishable as a felony under ORS 475.992 or
475.995;
(c) A crime under ORS 166.720 that includes as part of the
pattern of racketeering activity at least one incident of conduct
that constitutes a felony; or
(d) Any conspiracy to commit a crime described in paragraphs
(a) to (c) of this subsection; and
(4) Contain a statement demonstrating that use of a pen
register or trap and trace device will yield evidence relevant to
the crime. + }
SECTION 2. ORS 165.667 is amended to read:
165.667. (1) { - Upon application made under ORS 133.545, the
court shall enter an ex parte order authorizing the installation
Enrolled House Bill 2118 (HB 2118-A) Page 1
and use of a pen register or a trap and trace device if the court
finds that there is probable cause to believe that an individual
is committing, has committed or is about to commit a particular
felony of murder, kidnapping, arson, robbery, bribery, extortion
or other crime dangerous to life and punishable as a felony, or a
crime punishable as a felony under ORS 475.992 or 475.995, or any
conspiracy to commit any of those crimes, and that use of a pen
register or trap and trace device will yield evidence relevant to
the crimes. - } { + Upon application made under ORS 133.545,
the court shall enter an ex parte order authorizing the
installation and use of a pen register or a trap and trace device
if the court finds that there is probable cause to believe that:
(a) An individual is committing, has committed or is about to
commit:
(A) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and
punishable as a felony;
(B) A crime punishable as a felony under ORS 475.992 or
475.995;
(C) A crime under ORS 166.720 that includes as part of the
pattern of racketeering activity at least one incident of conduct
that constitutes a felony; or
(D) Any conspiracy to commit a crime described in subparagraphs
(A) to (C) of this paragraph; and
(b) Use of a pen register or trap and trace device will yield
evidence relevant to the crime. + }
(2) The order shall:
(a) Specify the identity, if known, of the person to whom is
leased or in whose name is listed the telephone line to which the
pen register or trap and trace device is to be attached;
(b) Specify the identity, if known, of the person who is the
subject of the criminal investigation;
(c) Specify the number and, if known, physical location of the
telephone number to which the pen register or trap and trace
device is to be attached and, in the case of a trap and trace
device, the geographic limits of the trap and trace order;
(d) Contain a statement of the offense to which the information
likely to be obtained by the pen register or trap and trace
device relates;
(e) Direct, upon the request of the applicant, the furnishing
of information, facilities and technical assistance necessary to
accomplish the installation of the pen register or trap and trace
device;
(f) Authorize the installation and use of a pen register or a
trap and trace device for a period not to exceed 30 days, which
may be extended by application and order for a period not to
exceed an additional 30 days;
(g) Direct that the order and application be sealed until
otherwise ordered by the court; and
(h) Direct the person owning or leasing the line to which the
pen register or the trap and trace device is attached, or who has
been ordered by the court to provide assistance to the applicant,
not to disclose the existence of the pen register or trap and
trace device or the existence of the investigation to the listed
subscriber or to any other person, unless or until otherwise
ordered by the court.
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Enrolled House Bill 2118 (HB 2118-A) Page 2
Passed by House May 13, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 2, 2003
...........................................................
President of Senate
Enrolled House Bill 2118 (HB 2118-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2118 (HB 2118-A) Page 4