72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2756
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
Relating to sex offender reporting; creating new provisions;
amending ORS 21.110 and 181.607; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.607 is amended to read:
181.607. (1)(a) No { + sooner than two years, but no + } later
than
{ - 90 days - } { + five years, + } 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 { + and
the petition was filed:
(a) No later than three years after the termination of juvenile
court jurisdiction + }, 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.
{ + (b) More than three years, but no later than five years,
after the termination of juvenile court jurisdiction, the person
has the burden of proving by clear and convincing evidence that
the person is rehabilitated and does not pose a threat to the
safety of the public.
(3) + }In determining whether the state { + or the person + }
has met
{ - its - } { + the + } burden of proof { + established in
subsection (2) of this section + }, 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;
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(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.
{ + (4) In a hearing under this section, the juvenile court
may receive testimony, reports and other evidence without regard
to whether the evidence is admissible under ORS 40.010 to 40.210
and 40.310 to 40.585 if the evidence is relevant to the
determination and findings required under this section. As used
in this subsection, 'relevant evidence' has the meaning given
that term in ORS 40.150. + }
{ - (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) - } { + (5) + } 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
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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) - } { + (6) + } 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.
{ + (7)(a) When a petition has been filed under this section
and the petition was filed:
(A) No later than three years after the termination of juvenile
court jurisdiction, the court shall hold a hearing on the
petition no sooner than 60 days and no later than 120 days after
the date of filing.
(B) More than three years, but no later than five years, after
the termination of juvenile court jurisdiction, the court shall
hold a hearing no sooner than 90 days and no later than 150 days
after the date of filing.
(b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
(8) When the state has the burden of proof under subsection (2)
of this section and proves by clear and convincing evidence that
the person is not rehabilitated and continues to pose a threat to
the safety of the public, the court shall deny the petition. When
the person has the burden of proof under subsection (2) of this
section and proves by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public, the court shall grant the petition. + }
{ - (6) - } { + (9) + } 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.
{ + (10) If a person commits an act that could be charged as
a sex crime listed in ORS 137.707 and the person is 15, 16 or 17
years of age at the time the act is committed, the state and the
person may stipulate that the person may not petition for relief
under this section as part of an agreement that the person be
subject to the jurisdiction of the juvenile court rather than
being prosecuted as an adult under ORS 137.707. + }
SECTION 2. { + (1) Except as provided in subsection (6) of
this section, when a person is required to report under ORS
181.595, 181.596 or 181.597 as a result of having been found in a
juvenile adjudication in another jurisdiction to have committed
an act while the person was under 18 years of age that would
constitute a sex crime if committed in this state by an adult,
the person may file a petition in the circuit court of the county
in which the person resides for an order relieving the person of
the duty to report if:
(a) The person has been registered as a sex offender in this
state for at least two years;
(b) At least two years, but not more than five years, have
elapsed since the termination of supervision on probation or
parole; and
(c) The person submits with the petition all releases and
waivers necessary to allow the district attorney for the county
in which the petition is filed to obtain the following documents
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from the jurisdiction in which the person was adjudicated for the
sex crime:
(A) The juvenile court petition;
(B) The dispositional report to the court;
(C) The order of adjudication or jurisdiction;
(D) Any other relevant court documents;
(E) The police report relating to the sex crime for which
reporting is required;
(F) The order terminating jurisdiction for the sex crime for
which reporting is required; and
(G) The evaluation and treatment records or reports of the
person that are related to the sex crime for which reporting is
required.
(2) A person filing a petition under this section has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public.
(3) Unless the court finds good cause for a continuance, the
court shall hold a hearing on the petition no sooner than 90 days
and no later than 150 days after the date the petition is filed.
(4) Notwithstanding subsection (1)(b) of this section, if a
person has not been registered as a sex offender in this state
for two years until more than five years have elapsed since the
termination of supervision on probation or parole, the person may
file a petition seeking relief under this section if the person
files the petition no later than 90 days after the date on which
the person has been registered as a sex offender in this state
for two years.
(5) If a person who files a petition under this section is
required to report as a sex offender for having committed an act
that if committed in this state could have subjected the person
to prosecution as an adult under ORS 137.707, the court may not
grant the petition notwithstanding the fact that the person has
met the burden of proof established in subsection (2) of this
section unless the court determines that to do so is in the
interest of public safety.
(6) This section does not apply to a person who is required to
register as a sex offender for life in the jurisdiction in which
the offense occurred.
(7) In a hearing under this section, the court may receive
testimony, reports and other evidence without regard to whether
the evidence is admissible under ORS 40.010 to 40.210 and 40.310
to 40.585 if the evidence is relevant to the determination and
findings required under this section. As used in this subsection,
' relevant evidence' has the meaning given that term in ORS
40.150. + }
SECTION 3. { + (1) Notwithstanding ORS 181.607 (2), a person
required to report under ORS 181.595, 181.596 or 181.597 for whom
juvenile court jurisdiction was terminated more than five years
before the effective date of this 2003 Act may file a petition
under ORS 181.607 if the person files the petition no later than
two years after the effective date of this 2003 Act.
(2) A person filing a petition under this section has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public. + }
SECTION 4. ORS 21.110 is amended to read:
21.110. (1) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
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shall collect from the plaintiff, appellant or moving party the
sum of $97 as a flat and uniform filing fee. The clerk shall
also, at the time of filing any appearance in any such action,
suit or proceeding upon the part of any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, collect from such party or parties
the sum of $73 as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $62 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $46 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
{ + (3) The clerk of the court shall collect the sum of $300
as a flat and uniform filing fee from the petitioner in a
proceeding under ORS 181.607 or section 2 of this 2003 Act at the
time the petition is filed. Fees collected under this subsection
shall be deposited into the Reporting Relief Fund established in
section 7 of this 2003 Act. + }
{ - (3) - } { + (4) + } For purposes of subsection (2) of
this section, the amount claimed, value of property, damages or
any amount in controversy does not include any amount claimed as
costs and disbursements or attorney fees as defined by ORCP 68 A.
{ - (4) - } { + (5) + } A paper or pleading shall be filed
by the clerk only if the fee required under this section is paid
or if a request for a fee waiver or deferral is granted by the
court. No part of any such filing fee shall be refunded to any
party. The uniform fee shall cover all services to be performed
by the court or clerk in any such action, suit or proceeding,
except where additional fees are specially authorized by law.
{ - (5) - } { + (6) + } Any plaintiff, appellant, moving
party, defendant or respondent that files an action or appearance
that is subject to the filing fees established under subsection
(2) of this section must include in the caption of the pleading
the following words: 'Claim of not more than $10,000. '
{ - (6) - } { + (7) + } The fees imposed by this section do
not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
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(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings; or
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130.
{ - (7) - } { + (8) + } The fees described in this section
shall not be charged to a district attorney or to the Division of
Child Support of the Department of Justice for the filing of any
case, motion, document, stipulated order, process or other
document relating to the provision of support enforcement
services as described in ORS 25.080.
SECTION 5. { + The clerk of the court shall collect the sum of
$300 as a flat and uniform filing fee from the petitioner in a
proceeding under section 3 of this 2003 Act at the time the
petition is filed. Fees collected under this section shall be
deposited into the Reporting Relief Fund established in section 7
of this 2003 Act. + }
SECTION 6. { + (1) Section 5 of this 2003 Act and the
amendments to ORS 21.110 and 181.607 by sections 1 and 4 of this
2003 Act apply to petitions filed on and after the effective date
of this 2003 Act.
(2) Section 2 of this 2003 Act applies to persons who are
registered as sex offenders in this state before, on or after the
effective date of this 2003 Act. + }
SECTION 7. { + The Reporting Relief Fund is established in the
State Treasury, separate and distinct from the General Fund.
Interest earned by the Reporting Relief Fund shall be credited to
the fund. The fund consists of moneys deposited into the fund
under ORS 21.110 (3) or any other provision of law. Moneys in the
fund are continuously appropriated to the Judicial Department to
be used only to pay the operating expenses of the department. + }
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Passed by House May 9, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 13, 2003
...........................................................
President of Senate
Enrolled House Bill 2756 (HB 2756-A) Page 6
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2756 (HB 2756-A) Page 7