72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1860
Senate Bill 356
Sponsored by Senator CORCORAN
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.
Creates truth verification examiner licensing process.
A BILL FOR AN ACT
Relating to detection of truth; amending ORS 137.540, 144.102,
144.270, 163.705, 659.840, 659A.300, 703.010, 703.030, 703.050,
703.060, 703.070, 703.080, 703.090, 703.100, 703.110, 703.120,
703.130, 703.140, 703.200, 703.210, 703.220, 703.300, 703.310
and 703.320; and repealing ORS 703.325.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 703.010 is amended to read:
703.010. As used in ORS 703.010 to 703.320, unless the context
requires otherwise:
(1) 'Board' means the Board on Public Safety Standards and
Training.
(2) 'Department' means the Department of Public Safety
Standards and Training.
(3) 'Director' means the Director of the Department { + of
Public Safety Standards and Training + }.
(4) 'Internship' means the study by a trainee of polygraph
examinations and of the administration of polygraph examinations
under the personal supervision and control of a polygraph
examiner in accordance with the course of study prescribed by the
board at the commencement of such study.
(5) 'Person' means any individual, firm, association,
partnership or corporation.
(6) 'Polygraph examiner' means a person who purports to be able
to detect deception or verify the truth of statements through the
use of instrumentation or of a mechanical device and { + who
is + } licensed as such under ORS 703.010 to 703.320.
(7) 'Trainee' means a person licensed under ORS 703.010 to
703.320 to engage in an internship.
{ + (8) 'Truth verification examiner' means a person who
purports to be able to detect deception or to verify the truth of
statements through the use of computerized voice stress analysis
and who is licensed as a truth verification examiner under ORS
703.010 to 703.320. + }
SECTION 2. ORS 703.030 is amended to read:
703.030. (1) It is the purpose of ORS 703.010 to 703.320 to
regulate all persons who purport to be able to { - deduct - }
{ + detect + } deception or to verify the truth of statements
through the use of instrumentation or mechanical devices,
including but not limited to lie detectors, polygraphs { + , + }
{ - and - } deceptographs { + and computerized voice stress
analyzers + }.
(2) ORS 703.010 to 703.320 shall be liberally construed to
regulate all persons described in subsection (1) of this section.
{ - No - } { + A + } person who purports to be able to detect
deception or to verify the truth of statements { - shall be
exempted - } { + is not exempt + } from the provisions of ORS
703.010 to 703.320 because of the terminology used to describe
the person, the instruments or mechanical devices of the person,
or the nature of the services of the person.
SECTION 3. ORS 703.050 is amended to read:
703.050. { - No - } { + A + } person, including
{ - persons - } { + a person + } employed by a state agency or
public body in this state, may { + not: + } { - engage in
conducting - }
{ + (1) Conduct + } polygraph examinations, refer to
{ - that - } { + the + } person as a polygraph examiner or
offer or advertise services as a polygraph examiner unless
{ - that - } { + the + } person is licensed under ORS 703.010
to 703.320 as a polygraph examiner { + ; or
(2) Conduct computerized voice stress analysis, refer to the
person as a truth verification examiner or offer or advertise
services as a truth verification examiner unless the person is
licensed under ORS 703.010 to 703.320 as a truth verification
examiner + }.
SECTION 4. ORS 703.060 is amended to read:
703.060. { + (1) + } There { - shall be - } { + are + }
two types of polygraph examiner licenses:
{ - (1) - } { + (a) + } The trainee license permits the
holder to engage in an internship.
{ - (2) - } { + (b) + } The general { + polygraph
examiner + } license permits the holder to { - administer - }
{ + conduct + } specific issue examinations.
{ + (2) There is one type of truth verification examiner
license. A truth verification examiner license permits the
holder to conduct computerized voice stress analyses. + }
SECTION 5. ORS 703.070 is amended to read:
703.070. (1) Applications for initial renewal or replacement
licenses as polygraph examiners or trainees { + or truth
verification examiners + } under ORS 703.010 to 703.320
{ - shall - } { + must + } be submitted in writing and under
oath to the Department of Public Safety Standards and Training,
accompanied by the proper fee therefor specified in ORS 703.110.
(2) A fee submitted to the department may not be refunded.
Each application { - shall - } { + must + } be in such form
and require such information as the department prescribes.
SECTION 6. ORS 703.080 is amended to read:
703.080. (1) To become a trainee an applicant { - shall - }
{ + must + } satisfy ORS 703.090 (1)(a) to (d) and have
graduated from a polygraph examiners course approved by the
Department of Public Safety Standards and Training.
(2) To receive a general { + polygraph examiner + } license an
applicant { - shall - } { + must + } satisfy ORS 703.090
(1)(a) to (g). { - The - } { + A + } trainee shall receive a
general { + polygraph examiner + } license upon satisfaction of
ORS 703.090 (1)(e) to (g). The department shall require such
proof as is necessary to establish satisfaction of the
{ - additional - } requirements.
{ + (3) To receive a truth verification examiner license an
applicant must satisfy ORS 703.090 (a) to (g). The department
shall require such proof as is necessary to establish
satisfaction of the requirements. + }
SECTION 7. ORS 703.090 is amended to read:
703.090. (1) Any applicant for a { - license as a - }
general polygraph examiner { + license or a truth verification
examiner license + } must:
(a) Be at least 18 years of age;
(b) Be a citizen of the United States;
(c) { - Not - } Have demonstrated, in the preceding 10
years, a course of behavior that indicates a high degree of
probability that the applicant { - will be unlikely - } { +
is likely + } to perform the duties of a polygraph examiner
{ + or a truth verification examiner + } in a manner that
{ - would - } { + will + } serve the interests of the public;
(d) If previously convicted for a criminal offense, provide
information, as required by the Department of Public Safety
Standards and Training, relating to the circumstances of the
conviction. ORS 670.280 is applicable when the department
considers information provided under this paragraph;
(e) { + (A) + } Have received a baccalaureate degree from a
college or university that is accredited by the American
Association of Collegiate Registrars and Admissions Officers; or
{ - , in lieu thereof, - }
{ + (B) + } Be a graduate of an accredited high school and
have at least five years of active investigative experience
before the date of application;
(f) { + (A) If applying for a general polygraph examiner
license, + } have graduated from a polygraph examiners course
approved by the department and conforming to any minimum training
standards approved by the Board on Public Safety Standards and
Training and have satisfactorily completed at least 200
examinations, or have worked as a polygraph examiner for a period
of five years for a governmental agency within the State of
Oregon and have completed 200 examinations; { - and - } { +
or
(B) If applying for a truth verification examiner license, have
graduated from a truth verification examiners course approved by
the department and conforming to any minimum training standards
approved by the board and have satisfactorily completed at
least ___ computerized voice stress analyses; and + }
(g) Have successfully completed an examination conducted by the
department to determine, consistent with any standards approved
by the board, competency to act as a polygraph examiner { + or
a truth verification examiner + }.
(2) When the department refuses to issue a license based upon
an applicant's failure to meet the requirements of subsection
(1)(c) of this section, the department shall prepare a concise,
specific written statement of the facts supporting the
department's conclusion that there is a high degree of
probability that the applicant will be unlikely to perform
required duties in a manner that { - would - } { + will + }
serve the interests of the public. { + The department shall
give + } a copy of the statement { - shall be given - } to the
applicant.
SECTION 8. ORS 703.100 is amended to read:
703.100. (1) Each { + general + } polygraph
{ - examiner's - } { + examiner + } license { + or truth
verification examiner license + } issued by the Department of
Public Safety Standards and Training under ORS 703.010 to 703.320
shall be issued for a period of one year. The department may
renew the license of a polygraph examiner { + or truth
verification examiner + }, unless { - such - } { + the + }
license has been suspended or revoked, upon compliance by the
person with such conditions as the department may prescribe.
(2) A person whose { + general + } polygraph
{ - examiner's - } { + examiner + } license { + or truth
verification examiner license + } has expired may obtain a
renewal license without examination upon application
{ - therefor - } within two years after the date of the
expiration of
{ - such - } { + the + } license and payment of the required
fee for { - such - } { + the + } renewal.
(3) A person whose { + general + } polygraph
{ - examiner's - } { + examiner + } license { + or truth
verification examiner license + } has expired while the person
was employed by any federal agency or while the person was on
active duty as a member of the Armed Forces of the United States
or on active duty as a member of the National Guard of this state
may obtain a renewal license, without examination, upon
application { - therefor - } within two years after the date
of the termination of { - such - } { + the + } employment or
active duty and payment of the required fee for { - such - }
{ + the + } renewal.
SECTION 9. ORS 703.110 is amended to read:
703.110. The { - following fees shall be charged by the - }
Department of Public Safety Standards and Training { + shall
charge the following fees + } in carrying out ORS 703.010 to
703.320:
(1) The fee of $50 for the issuance of each original
{ - license as a - } general polygraph examiner { + license or
truth verification examiner license + }.
(2) The fee of $50 for the annual renewal of a { - license as
a - } general polygraph examiner { + license or truth
verification examiner license + }.
(3) The fee of $50 for examination by the department to
determine the competency of an applicant as a polygraph examiner
{ + or truth verification examiner + }.
(4) The fee of $35 for the issuance of a trainee license.
(5) The fee of $35 for the extension or renewal of a trainee
license.
(6) A fee, established by rule of the department, for issuance
by the department of a duplicate { + general + } polygraph
examiner { + license, + } { - or - } trainee license { + or
truth verification examiner license + } upon satisfactory proof
that the original license has been lost or stolen. The fee
established under this subsection
{ - shall be the same - } { + may not exceed + }, to the
nearest dollar, { - as - } the actual cost of issuing a
duplicate license.
SECTION 10. ORS 703.120 is amended to read:
703.120. (1) The Department of Public Safety Standards and
Training may license a person who is not a resident of this state
as a polygraph examiner { + or truth verification examiner + }
as otherwise provided under ORS 703.010 to 703.320. However, any
such person must include with the application for a license or
renewal thereof an irrevocable written consent permitting the
{ - director - } { + Director of the Department of Public
Safety Standards and Training + } to act as the agent of the
person for the service of all legal process in this state.
(2) In any action in a court of competent jurisdiction in this
state, service of process may be made upon a polygraph examiner
{ + or truth verification examiner + } who does not reside in
this state by mailing two copies of the process to the director.
The director shall retain one copy of the process in the records
and immediately send, by certified or registered mail, the other
copy to the polygraph examiner { + or truth verification
examiner + } at the most current address of the
{ - polygraph - } examiner as indicated by the records of the
department.
SECTION 11. ORS 703.130 is amended to read:
703.130. The Department of Public Safety Standards and Training
may grant a license as a polygraph examiner { + or truth
verification examiner + } in this state to a person who is
licensed as a polygraph examiner { + or truth verification
examiner + } by another state or territory of the United States,
without examination, upon application by { - such - } { +
the + } person in the manner prescribed by the department and
upon payment to the department of a fee of $50, payable to the
department, if the department finds that { - such - } { +
the + } person:
(1) Is at least 18 years of age;
(2) Is a citizen of the United States;
(3) { - Was - } { + Is + } licensed pursuant to the
requirements of { - such - } { + the + } other state or
territory that, at the date of the issuance of
{ - such - } { + the + } license by { - such - } { +
the + } other state or territory, were substantially equivalent
to the requirements of ORS 703.010 to 703.320 for the licensing
and regulation of polygraph examiners { + or truth verification
examiners + } in this state;
(4) Is licensed by another state or territory that grants
reciprocity to polygraph examiners { + or truth verification
examiners + } licensed in this state; and
(5) If a nonresident of this state, has complied with the
requirements of ORS 703.120.
SECTION 12. ORS 703.140 is amended to read:
703.140. (1) A polygraph examiner shall display prominently the
license of the polygraph examiner at the place of business or
employment of the polygraph examiner and a trainee shall display
prominently the license of the trainee at the place of internship
of the trainee. { + A truth verification examiner shall display
prominently the license of the truth verification examiner at the
place of business or employment of the truth verification
examiner. + }
(2) A polygraph examiner { + or truth verification
examiner + } shall notify the Department of Public Safety
Standards and Training in writing of any change in the principal
place of business of the
{ - polygraph - } examiner within 30 days after the date of
such change. Upon discovery by the department of failure by a
licensee to comply with this section, the department shall
suspend immediately
{ - such - } { + the + } license.
SECTION 13. ORS 703.200 is amended to read:
703.200. (1) The Department of Public Safety Standards and
Training may issue licenses for polygraph examiners { + , + }
{ - and - } trainees { + and truth verification examiners + }
in accordance with ORS 703.010 to 703.320.
(2) The department shall prescribe the manner and contents of
any examination conducted by it under ORS 703.010 to 703.320.
(3) The department may prescribe the requirements for
internship of any person who is licensed as a trainee under ORS
703.010 to 703.320.
SECTION 14. ORS 703.210 is amended to read:
703.210. The Department of Public Safety Standards and Training
may refuse to issue, or may revoke or suspend the license of any
person as a polygraph examiner { + , + } { - or - }
trainee { + or truth verification examiner + }, if it finds that
the person:
(1) Failed to inform an individual being examined as to the
nature of the examination or failed to advise the individual or
the representative of the individual of the results of the
examination;
(2) Failed to inform an individual being examined that
participation in the examination is voluntary;
(3) Made a material misstatement in application for an original
or renewal license under ORS 703.010 to 703.320;
(4) Willfully disregarded or violated any provision of ORS
703.010 to 703.320 or any rule adopted pursuant thereto,
including but not limited to the willful making of a false report
of a polygraph examination { + or computerized voice stress
analysis + };
(5) Made any willful misrepresentation or employed any false or
misleading advertising to obtain business or the services of a
trainee;
(6) Has demonstrated any inability or incompetency to carry out
the duties of a polygraph examiner { + or truth verification
examiner + };
(7) Has permitted a license granted to the person under ORS
703.010 to 703.320 or any rule adopted pursuant thereto to be
used by another person;
(8) Has willfully aided or abetted any violation of ORS 703.010
to 703.320 or any rule adopted pursuant thereto; or
(9) Has failed, within a reasonable time, to provide any
information requested by the department after the receipt by the
department of a complaint alleging that { - such - } { +
the + } person has violated a provision of ORS 703.010 to 703.320
or any rule adopted pursuant thereto.
SECTION 15. ORS 703.220 is amended to read:
703.220. Upon receipt of written notification of the suspension
or revocation by the Department of Public Safety Standards and
Training of the license of a polygraph examiner { + , + }
{ - or - } trainee { + or truth verification examiner + },
{ - a polygraph examiner or trainee - } { + the licensee + }
shall surrender immediately the license to the department. The
department may restore a suspended or revoked license to the
prior holder { - thereof - } { + of the license + } at such
time and under such conditions as the department deems
appropriate.
SECTION 16. ORS 703.300 is amended to read:
703.300. { - No - } { + A + } person may { + not + } bring
or maintain an action in any court in this state for the recovery
of compensation for services performed as a polygraph examiner
{ + or truth verification examiner + } or upon a contract for
any such services unless { - such - } { + the + } person was
licensed under ORS 703.010 to 703.320 as a polygraph examiner
{ + or truth verification examiner + } at the time of
{ - the making of such - } { + making the + } contract or at
the time of { - the performance of such - }
{ + performing + } services as a polygraph examiner { + or
truth verification examiner + }.
SECTION 17. ORS 703.310 is amended to read:
703.310. (1) All instruments or mechanical devices that are
used to test or question individuals for the purpose of detecting
deception or of verifying the truth of statements made by the
individuals at least shall record visually, permanently and
simultaneously { + :
(a) In the case of computerized voice stress analysis,
frequency modulation in the voice; and
(b) In all other cases, + } the cardiovascular pattern, the
respiratory pattern and the galvanic skin response of each such
individual. The patterns of other physiological changes of any
such individual also may be recorded.
(2) { - No - } { + A + } person may { + not + } use any
instrument or mechanical device to test or question individuals
for the purpose of detecting deception or verifying the truth of
statements made by the individuals that does not comply with the
minimum requirements
{ - therefor - } { + for the instrument or device + } under
subsection (1) of this section. The Department of Public Safety
Standards and Training, in consultation with the Board on Public
Safety Standards and Training, may, in the name of the State of
Oregon, initiate and maintain appropriate judicial proceedings,
in the manner provided by law for such proceedings, to enjoin the
use of any instrumentation or mechanical device that does not
comply with the minimum requirements specified in subsection (1)
of this section.
SECTION 18. ORS 703.320 is amended to read:
703.320. Each polygraph examiner { + and truth verification
examiner + } shall register with the county clerk of each county
in which the polygraph examiner { + or truth verification
examiner + } maintains a business address. The county clerk shall
maintain a list of all the polygraph examiners { + and truth
verification examiners + } registered in the county.
SECTION 19. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation,
which { - shall be - } { + is + } subject to the following
general conditions unless specifically deleted by the court. The
probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing of breath or urine for controlled
substance or alcohol use if the probationer has a history of
substance abuse or if there is a reasonable suspicion that the
probationer has illegally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the probation officer to visit the probationer or
the probationer's work site or residence and to conduct a
walk-through of the common areas and of the rooms in the
residence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If under supervision for, or previously convicted of, a sex
offense under ORS 163.305 to 163.467, and if recommended by the
supervising officer, successfully complete a sex offender
treatment program approved by the supervising officer and submit
to polygraph examinations { + or computerized voice stress
analyses + } at the direction of the supervising officer.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence; and
(C) Once each year within 10 days of the probationer's date of
birth.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the defendant for the
protection of the public or reformation of the offender, or both,
including, but not limited to, that the probationer shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
(3) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the chief of police, if the person is
going to reside within a city, and the county sheriff of the
county in which the person is going to reside of the person's
release and the conditions of the person's release.
(4) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
(5) The court may at any time modify the conditions of
probation.
(6) A court may not order revocation of probation as a result
of the probationer's failure to pay restitution unless the court
determines from the totality of the circumstances that the
purposes of the probation are not being served.
(7) It shall not be a cause for revocation of probation that
the probationer failed to apply for or accept employment at any
workplace where there is a labor dispute in progress. As used in
this subsection, 'labor dispute' has the meaning for that term
provided in ORS 662.010.
SECTION 20. ORS 144.102 is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
(2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
(b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
(c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
(d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation. The board or supervisory authority shall not
order a person to pay a fee in excess of $5 under this paragraph.
(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence; and
(C) Once each year within 10 days of the person's date of
birth.
(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority shall determine
are necessary because of the individual circumstances of the
person on post-prison supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against frequenting, without the prior
written approval of the board, supervisory authority or
supervising officer, a place where persons under 18 years of age
regularly congregate.
(D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph { + testing, computerized voice stress analysis + }
and plethysmograph testing. The person is responsible for paying
for the treatment program.
(F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(I) Participation in random polygraph examinations { + or
computerized voice stress analyses + } to obtain information for
risk management and treatment. The person is responsible for
paying the expenses of the examinations { + or analyses + }. The
results of a polygraph examination { + or computerized voice
stress analysis + } under this subparagraph may not be used in
evidence in a hearing to prove a violation of post-prison
supervision.
(J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
(K) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
(A) As determined, imposed or required by the sentencing court;
or
(B) When previously required as a condition of any type of
supervision that is later revoked.
(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
(A) Was ordered to pay restitution as a result of another
conviction; and
(B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
(6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
(b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
(B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
(D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
(E) The person desires to be released to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all the available
information in the following records:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
Bureau of Criminal Identification;
(iv) Records maintained by the Department of Human Services; or
(v) Records maintained by the Department of Corrections.
(B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
(C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
SECTION 21. ORS 144.270 is amended to read:
144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
(2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
(a) Accept the parole granted subject to all terms and
conditions specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole
officer.
(d) Report to the parole officer as directed by the board or
parole officer.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
(3)(a) The board may establish such special conditions as it
shall determine are necessary because of the individual
circumstances of the parolee.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
(A) Agreement to comply with any curfew set by the board or the
supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against frequenting, without the prior
written approval of the board or supervising officer, a place
where persons under 18 years of age regularly congregate.
(D) A prohibition against working or volunteering at a school,
day care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(E) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph { +
testing, computerized voice stress analysis + } and
plethysmograph testing. The person is responsible for paying for
the treatment program.
(F) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(G) Unless otherwise indicated for the treatment required under
subparagraph (E) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(H) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(I) Participation in random polygraph examinations { + or
computerized voice stress analyses + } to obtain information for
risk management and treatment. The person is responsible for
paying the expenses of the examinations { + or analyses + }. The
results of a polygraph examination { + or computerized voice
stress analysis + } under this subparagraph may not be used in
evidence in a hearing to prove a violation of parole.
(J) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(K) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(4) It { - shall not be - } { + is not + } a cause for
revocation of parole that the parolee failed to apply for or
accept employment at any workplace where there is a labor dispute
in progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
(5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
(b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
(A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
(B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
(C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
(D) As another condition of parole, the inmate is required to
participate in a treatment program which is not available or
located in the county of residence;
(E) The inmate desires to be paroled to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all the available information in the following
records:
(i) An Oregon driver's license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police,
Bureau of Criminal Identification;
(iv) Records maintained by the Department of Human Services; or
(v) Records maintained by the Department of Corrections.
(B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
(C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
(E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
(6) When the board grants an inmate parole from the custody of
the Department of Corrections and if the inmate is required to
report as a sex offender under ORS 181.595, the board, as a
condition of parole, shall order the inmate to report with the
Department of State Police, a chief of police, a county sheriff
or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence; and
(c) Once each year within 10 days of the inmate's date of
birth.
SECTION 22. ORS 163.705 is amended to read:
163.705. { - No - } { + A + } district attorney or other
law enforcement officer or investigator involved in the
investigation or prosecution of crimes, or any employee thereof,
{ - shall - } { + may not + } require any complaining witness
in a case involving the use of force, violence, duress, menace or
threat of physical injury in the commission of any sex crime
under ORS 163.305 to 163.575, to submit to a polygraph
examination { + or computerized voice stress analysis + } as a
prerequisite to filing an accusatory pleading.
SECTION 23. ORS 659.840 is amended to read:
659.840. (1) { - No - } { + A + } person, or agent or
representative of such person, { - shall - } { + may not + }
require, as a condition for employment or continuation of
employment, any person or employee to take a breathalyzer test,
polygraph test { + , computerized voice stress analysis + } or
any other form of a so-called lie detector test. However, nothing
in this section shall be construed to prohibit the administration
of a breathalyzer test to an individual if the individual
consents to the test. If the employer has reasonable grounds to
believe that the individual is under the influence of
intoxicating liquor, the employer may require, as a condition for
employment or continuation of employment, the administration of a
blood alcohol content test by a third party or a breathalyzer
test. The employer { - shall - } { + may + } not require the
employee to pay the cost of administering any such test.
(2) For the purposes of this section, an individual is ' under
the influence of intoxicating liquor' when the individual's blood
alcohol content exceeds the amount prescribed in a collective
bargaining agreement or the amount prescribed in the employer's
work rules if there is no applicable collective bargaining
provision.
SECTION 24. ORS 659A.300 is amended to read:
659A.300. (1) Except as provided in this section, it is an
unlawful employment practice for any employer to subject,
directly or indirectly, any employee or prospective employee to
any breathalyzer test, polygraph examination, { + computerized
voice stress analysis, + } psychological stress test, genetic
test or brain-wave test.
(2) As used in this section:
(a) 'Breathalyzer test' means a test to detect the presence of
alcohol in the body through the use of instrumentation or
mechanical devices.
(b) 'Genetic test' has the meaning given in ORS 192.531.
(c) 'Polygraph examination { + ,' 'computerized voice stress
analysis' + } or { + ' + } psychological stress test' means a
test to detect deception or to verify the truth of statements
through the use of instrumentation or mechanical devices.
(d) An individual is 'under the influence of intoxicating
liquor' when the individual's blood alcohol content exceeds the
amount prescribed in a collective bargaining agreement or the
amount prescribed in the employer's work rules if there is no
applicable collective bargaining provision.
(3) Nothing in subsection (1) of this section shall be
construed to prohibit the administration of a polygraph
examination { + or computerized voice stress analysis + } to an
individual, if the individual consents to the examination { + or
analysis + }, during the course of criminal or civil judicial
proceedings in which the individual is a party or witness or
during the course of a criminal investigation conducted by a law
enforcement agency, as defined in ORS 181.010, a district
attorney or the Attorney General.
(4) Nothing in subsection (1) of this section shall be
construed to prohibit the administration of a breathalyzer test
to an individual if the individual consents to the test. If the
employer has reasonable grounds to believe that the individual is
under the influence of intoxicating liquor, the employer may
require, as a condition for employment or continuation of
employment, the administration of a blood alcohol content test by
a third party or a breathalyzer test. The employer shall not
require the employee to pay the cost of administering any such
test.
(5) Subsection (1) of this section does not prohibit the
administration of a genetic test to an individual if the
individual or the individual's representative grants informed
consent in the manner provided by ORS 192.535, and the genetic
test is administered solely to determine a bona fide occupational
qualification.
SECTION 25. { + ORS 703.325 is repealed. + }
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