Chapter 869
AN ACT
HB 2843
Relating to crime; creating new provisions;
amending ORS 131.125, 131.602, 161.005, 166.715, 166.725, 167.062 and 342.143;
and repealing ORS 167.065, 167.070, 167.087 and 167.089.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 2 and 3 of this 2007
Act:
(1) “Child” means a
person under 13 years of age.
(2) “Furnishes” means to
sell, give, rent, loan or otherwise provide.
(3) “Minor” means a
person under 18 years of age.
(4) “Sexual conduct”
means:
(a) Human masturbation
or sexual intercourse;
(b) Genital-genital,
oral-genital, anal-genital or oral-anal contact, whether between persons of the
same or opposite sex or between humans and animals;
(c) Penetration of the
vagina or rectum by any object other than as part of a medical diagnosis or as
part of a personal hygiene practice; or
(d) Touching of the
genitals, pubic areas or buttocks of the human male or female or of the breasts
of the human female.
(5) “Sexually explicit
material” means material containing visual images of:
(a) Human masturbation
or sexual intercourse;
(b) Genital-genital,
oral-genital, anal-genital or oral-anal contact, whether between persons of the
same or opposite sex or between humans and animals; or
(c) Penetration of the
vagina or rectum by any object other than as part of a personal hygiene
practice.
SECTION 2. (1) A person commits the crime of furnishing
sexually explicit material to a child if the person intentionally furnishes a
child, or intentionally permits a child to view, sexually explicit material and
the person knows that the material is sexually explicit material.
(2) A person is not
liable to prosecution for violating subsection (1) of this section if:
(a) The person is an employee
of a bona fide museum, school, law enforcement agency, medical treatment
provider or public library, acting within the scope of regular employment; or
(b) The person
furnishes, or permits the viewing of, material the sexually explicit portions
of which form merely an incidental part of an otherwise nonoffending whole and
serve some purpose other than titillation.
(3) In a prosecution
under subsection (1) of this section, it is an affirmative defense:
(a) That the sexually
explicit material was furnished, or the viewing was permitted, solely for the
purpose of sex education, art education or psychological treatment and was
furnished or permitted by the child’s parent or legal guardian, by an educator
or treatment provider or by another person acting on behalf of the parent,
legal guardian, educator or treatment provider;
(b) That the defendant
had reasonable cause to believe that the person to whom the sexually explicit
material was furnished, or who was permitted to view the material, was not a child;
or
(c) That the defendant
was less than three years older than the child at the time of the alleged
offense.
(4) In a prosecution
under subsection (1) of this section, it is not a defense that the person to
whom the sexually explicit material was furnished or who was permitted to view
the material was not a child but was a law enforcement officer posing as a
child.
(5) Furnishing sexually
explicit material to a child is a Class A misdemeanor.
SECTION 3. (1) A person commits the crime of luring a minor
if the person:
(a)
Furnishes to, or uses with, a minor a visual representation or explicit verbal
description or narrative account of sexual conduct; and
(b) Furnishes or uses
the representation, description or account for the purpose of:
(A) Arousing or
satisfying the sexual desires of the person or the minor; or
(B) Inducing the minor
to engage in sexual conduct.
(2) A person is not
liable to prosecution for violating subsection (1) of this section if the
person furnishes or uses a representation, description or account of sexual
conduct that forms merely an incidental part of an otherwise nonoffending whole
and serves some purpose other than titillation.
(3) In a prosecution
under subsection (1) of this section, it is an affirmative defense:
(a) That the
representation, description or account was furnished or used for the purpose of
psychological or medical treatment and was furnished by a treatment provider or
by another person acting on behalf of the treatment provider;
(b) That the defendant
had reasonable cause to believe that the person to whom the representation,
description or account was furnished or with whom the representation,
description or account was used was not a minor; or
(c) That the defendant
was less than three years older than the minor at the time of the alleged
offense.
(4) In a prosecution
under subsection (1) of this section, it is not a defense that the person to
whom the representation, description or account was furnished or with whom the
representation, description or account was used was not a minor but was a law
enforcement officer posing as a minor.
(5) Luring a minor is a
Class C felony.
SECTION 4. ORS 131.602 is amended to read:
131.602. The crimes to
which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as
defined in ORS 162.015.
(2) Bribe receiving, as
defined in ORS 162.025.
(3) Public investment
fraud, as defined in ORS 162.117.
(4) Bribing a witness,
as defined in ORS 162.265.
(5) Bribe receiving by a
witness, as defined in ORS 162.275.
(6) Simulating legal
process, as defined in ORS 162.355.
(7) Official misconduct
in the first degree, as defined in ORS 162.415.
(8) Custodial
interference in the second degree, as defined in ORS 163.245.
(9) Custodial
interference in the first degree, as defined in ORS 163.257.
(10) Buying or selling a
person under 18 years of age, as defined in ORS
163.537.
(11) Using a child in a
display of sexually explicit conduct, as defined in ORS 163.670.
(12) Encouraging child
sexual abuse in the first degree, as defined in ORS 163.684.
(13) Encouraging child
sexual abuse in the second degree, as defined in ORS 163.686.
(14) Encouraging child
sexual abuse in the third degree, as defined in ORS 163.687.
(15) Possession of
materials depicting sexually explicit conduct of a child in the first degree,
as defined in ORS 163.688.
(16) Possession of
materials depicting sexually explicit conduct of a child in the second degree,
as defined in ORS 163.689.
(17) Theft in the second
degree, as defined in ORS 164.045.
(18) Theft in the first
degree, as defined in ORS 164.055.
(19) Aggravated theft in
the first degree, as defined in ORS 164.057.
(20) Theft by extortion,
as defined in ORS 164.075.
(21) Theft by deception,
as defined in ORS 164.085, if it is a felony or a Class A
misdemeanor.
(22) Theft by receiving,
as defined in ORS 164.095, if it is a felony or a Class A
misdemeanor.
(23) Theft of services,
as defined in ORS 164.125, if it is a felony or a Class A
misdemeanor.
(24) Unauthorized use of
a vehicle, as defined in ORS 164.135.
(25) Mail theft or
receipt of stolen mail, as defined in ORS 164.162.
(26) Laundering a
monetary instrument, as defined in ORS 164.170.
(27) Engaging in a
financial transaction in property derived from unlawful activity, as defined in
ORS 164.172.
(28) Burglary in the
second degree, as defined in ORS 164.215.
(29) Burglary in the
first degree, as defined in ORS 164.225.
(30) Possession of a
burglary tool or theft device, as defined in ORS 164.235.
(31) Unlawful entry into
a motor vehicle, as defined in ORS 164.272.
(32) Arson in the second
degree, as defined in ORS 164.315.
(33) Arson in the first
degree, as defined in ORS 164.325.
(34) Computer crime, as
defined in ORS 164.377.
(35) Robbery in the
third degree, as defined in ORS 164.395.
(36) Robbery in the
second degree, as defined in ORS 164.405.
(37) Robbery in the
first degree, as defined in ORS 164.415.
(38) Unlawful labeling
of a sound recording, as defined in ORS 164.868.
(39) Unlawful recording
of a live performance, as defined in ORS 164.869.
(40) Unlawful labeling
of a videotape recording, as defined in ORS 164.872.
(41) A violation of ORS
164.877.
(42) Endangering
aircraft, as defined in ORS 164.885.
(43) Interference with
agricultural operations, as defined in ORS 164.887.
(44) Forgery in the
second degree, as defined in ORS 165.007.
(45) Forgery in the
first degree, as defined in ORS 165.013.
(46) Criminal possession
of a forged instrument in the second degree, as defined in ORS 165.017.
(47) Criminal possession
of a forged instrument in the first degree, as defined in ORS 165.022.
(48) Criminal possession
of a forgery device, as defined in ORS 165.032.
(49) Criminal
simulation, as defined in ORS 165.037.
(50) Fraudulently
obtaining a signature, as defined in ORS 165.042.
(51) Fraudulent use of a
credit card, as defined in ORS 165.055.
(52) Negotiating a bad
check, as defined in ORS 165.065.
(53) Possessing a
fraudulent communications device, as defined in ORS 165.070.
(54) Unlawful factoring
of a payment card transaction, as defined in ORS 165.074.
(55) Falsifying business
records, as defined in ORS 165.080.
(56) Sports bribery, as
defined in ORS 165.085.
(57) Sports bribe
receiving, as defined in ORS 165.090.
(58) Misapplication of
entrusted property, as defined in ORS 165.095.
(59) Issuing a false
financial statement, as defined in ORS 165.100.
(60) Obtaining execution
of documents by deception, as defined in ORS 165.102.
(61) A violation of ORS
165.543.
(62) Cellular
counterfeiting in the third degree, as defined in ORS 165.577.
(63) Cellular
counterfeiting in the second degree, as defined in ORS 165.579.
(64) Cellular
counterfeiting in the first degree, as defined in ORS 165.581.
(65) Identity theft, as
defined in ORS 165.800.
(66) A violation of ORS
166.190.
(67) Unlawful use of a
weapon, as defined in ORS 166.220.
(68) A violation of ORS
166.240.
(69) Unlawful possession
of a firearm, as defined in ORS 166.250.
(70) A violation of ORS
166.270.
(71) Unlawful possession
of a machine gun, short-barreled rifle, short-barreled shotgun or firearms
silencer, as defined in ORS 166.272.
(72) A violation of ORS
166.275.
(73) Unlawful possession
of armor piercing ammunition, as defined in ORS 166.350.
(74) A violation of ORS
166.370.
(75) Unlawful possession
of a destructive device, as defined in ORS 166.382.
(76) Unlawful
manufacture of a destructive device, as defined in ORS 166.384.
(77) Possession of a
hoax destructive device, as defined in ORS 166.385.
(78) A violation of ORS
166.410.
(79) Providing false
information in connection with a transfer of a firearm, as defined in ORS
166.416.
(80) Improperly
transferring a firearm, as defined in ORS 166.418.
(81) Unlawfully
purchasing a firearm, as defined in ORS 166.425.
(82) A violation of ORS
166.429.
(83) A violation of ORS
166.470.
(84) A violation of ORS
166.480.
(85) A violation of ORS
166.635.
(86) A violation of ORS
166.638.
(87) Unlawful
paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS
166.720.
(89) Prostitution, as
defined in ORS 167.007.
(90) Promoting
prostitution, as defined in ORS 167.012.
(91) Compelling
prostitution, as defined in ORS 167.017.
(92) Exhibiting an
obscene performance to a minor, as defined in ORS 167.075.
(93) Unlawful gambling
in the second degree, as defined in ORS 167.122.
(94) Unlawful gambling
in the first degree, as defined in ORS 167.127.
(95) Possession of
gambling records in the second degree, as defined in ORS 167.132.
(96) Possession of
gambling records in the first degree, as defined in ORS 167.137.
(97) Possession of a
gambling device, as defined in ORS 167.147.
(98) Possession of a
gray machine, as defined in ORS 167.164.
(99) Cheating, as
defined in ORS 167.167.
(100) Tampering with
drug records, as defined in ORS 167.212.
(101)
A violation of ORS 167.262.
(102)
Research and animal interference, as defined in ORS 167.312.
(103)
Animal abuse in the first degree, as defined in ORS 167.320.
(104) Aggravated animal
abuse in the first degree, as defined in ORS 167.322.
(105)
Animal neglect in the first degree, as defined in ORS 167.330.
(106) Interfering with
an assistance, a search and rescue or a therapy animal, as defined in ORS
167.352.
(107)
Involvement in animal fighting, as defined in ORS 167.355.
(108) Dogfighting, as
defined in ORS 167.365.
(109)
Participation in dogfighting, as defined in ORS 167.370.
(110)
Unauthorized use of a livestock animal, as defined in ORS 167.385.
(111)
Interference with livestock production, as defined in ORS 167.388.
(112)
A violation of ORS 167.390.
(113)
A violation of ORS 471.410.
(114) Failure to report
missing precursor substances, as defined in ORS 475.955.
(115) Illegally
selling drug equipment, as defined in ORS 475.960.
(116) Providing
false information on a precursor substances report, as defined in ORS 475.965.
(117)
Unlawful delivery of an imitation controlled substance, as defined in ORS
475.912.
(118)
A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.
(119)
A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.
(120)
A violation of ORS 475.916.
(121)
A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.
(122)
A violation of ORS 475.904 (2).
(123) Misuse of an
identification card, as defined in ORS 807.430.
(124) Unlawful
production of identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
(125) Transfer of
documents for the purposes of misrepresentation, as defined in ORS 807.510.
(126) Using an invalid
license, as defined in ORS 807.580.
(127) Permitting misuse
of a license, as defined in ORS 807.590.
(128) Using another’s
license, as defined in ORS 807.600.
(129) Criminal driving
while suspended or revoked, as defined in ORS 811.182, when it is a felony.
(130) Driving while
under the influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
(131)
Unlawful distribution of cigarettes, as defined in ORS 323.482.
(132)
A violation of ORS 180.440 (2).
(133) A
violation described in ORS 475.846 to 475.894, if it is a felony.
(134) Furnishing
sexually explicit material to a child, as defined in section 2 of this 2007
Act.
(135) Luring a minor, as
defined in section 3 of this 2007 Act.
[(134)] (136) An attempt, conspiracy
or solicitation to commit a crime in subsections (1) to [(133)] (135) of this section if the attempt, conspiracy or
solicitation is a felony or a Class A misdemeanor.
SECTION 5. ORS 161.005 is amended to read:
161.005. ORS 161.005 to
161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to
161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685,
161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to
162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115,
163.125 to 163.145, 163.160 to 163.208, 163.215 to 163.257, 163.275, 163.285,
163.305 to 163.467, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415,
164.805, 164.877, 165.002 to 165.109, 165.805, 166.005 to 166.095, 166.350,
166.382, 166.384, 166.660, 167.002 to 167.027, 167.060 to 167.100, 167.117,
167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810
and 167.820 and sections 2 and 3 of this 2007 Act, shall be known and
may be cited as Oregon Criminal Code of 1971.
SECTION 6. ORS 131.125 is amended to read:
131.125. (1) A
prosecution for aggravated murder, murder, attempted murder or aggravated
murder, conspiracy or solicitation to commit aggravated murder or murder or any
degree of manslaughter may be commenced at any time after the commission of the
attempt, conspiracy or solicitation to commit aggravated murder or murder, or
the death of the person killed.
(2) A prosecution for
any of the following felonies may be commenced within six years after the
commission of the crime or, if the victim at the time of the crime was under 18
years of age, anytime before the victim attains 30 years of age or within 12
years after the offense is reported to a law enforcement agency or the
Department of Human Services, whichever occurs first:
(a) Criminal
mistreatment in the first degree under ORS 163.205.
(b) Rape in the third
degree under ORS 163.355.
(c) Rape in the second
degree under ORS 163.365.
(d) Rape in the first
degree under ORS 163.375.
(e) Sodomy in the third
degree under ORS 163.385.
(f) Sodomy in the second
degree under ORS 163.395.
(g) Sodomy in the first
degree under ORS 163.405.
(h) Unlawful sexual penetration
in the second degree under ORS 163.408.
(i) Unlawful sexual
penetration in the first degree under ORS 163.411.
(j) Sexual abuse in the
second degree under ORS 163.425.
(k) Sexual abuse in the
first degree under ORS 163.427.
(L) Using a child in a
display of sexual conduct under ORS 163.670.
(m) Encouraging child
sexual abuse in the first degree under ORS 163.684.
(n) Incest under ORS
163.525.
(o) Promoting
prostitution under ORS 167.012.
(p) Compelling
prostitution under ORS 167.017.
(q) Luring a minor
under section 3 of this 2007 Act.
(3) A prosecution for
any of the following misdemeanors may be commenced within four years after the
commission of the crime or, if the victim at the time of the crime was under 18
years of age, anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency or the
Department of Human Services, whichever occurs first:
(a) Sexual abuse in the
third degree under ORS 163.415.
[(b) Furnishing obscene materials to minors
under ORS 167.065.]
(b) Furnishing
sexually explicit material to a child under section 2 of this 2007 Act.
[(c) Sending obscene materials to minors
under ORS 167.070.]
[(d)] (c) Exhibiting an obscene
performance to a minor under ORS 167.075.
[(e)] (d) Displaying obscene
materials to minors under ORS 167.080.
(4) In the case of
crimes described in subsection (2)(L) of this section,
the “victim” is the child engaged in sexual conduct. In the case of the crime
described in subsection (2)(n) of this section, the “victim”
is the party to the incest other than the party being prosecuted. In the case
of crimes described in subsection (2)(o) and (p) of
this section, the “victim” is the child whose acts of prostitution are promoted
or compelled.
(5) A prosecution for
arson in any degree may be commenced within six years after the commission of
the crime.
(6) Except as provided
in subsection (7) of this section or as otherwise expressly provided by law,
prosecutions for other offenses must be commenced within the following periods
of limitations after their commission:
(a) For any other
felony, three years.
(b) For any misdemeanor,
two years.
(c) For a violation, six
months.
(7) If the period
prescribed in subsection (6) of this section has expired, a prosecution
nevertheless may be commenced as follows:
(a) If the offense has
as a material element either fraud or the breach of a fiduciary obligation,
prosecution may be commenced within one year after discovery of the offense by
an aggrieved party or by a person who has a legal duty to represent an
aggrieved party and who is not a party to the offense, but in no case shall the
period of limitation otherwise applicable be extended by more than three years;
(b) If the offense is
based upon misconduct in office by a public officer or employee, prosecution
may be commenced at any time while the defendant is in public office or
employment or within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three years; or
(c) If the offense is an
invasion of personal privacy under ORS 163.700, prosecution may be commenced
within one year after discovery of the offense by the person aggrieved by the
offense, by a person who has a legal duty to represent the person aggrieved by
the offense or by a law enforcement agency, but in no case shall the period of
limitation otherwise applicable be extended by more than three years.
(8) Notwithstanding
subsection (2) of this section, a prosecution for rape in the first or second
degree or sodomy in the first or second degree may be commenced within 12 years
after the commission of the crime if the defendant is identified after the
period described in subsection (2) of this section on the basis of DNA
(deoxyribonucleic acid) sample comparisons.
SECTION 7. ORS 166.715 is amended to read:
166.715. As used in ORS
166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary
material” means any book, paper, document, writing, drawing, graph, chart,
photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from which information
can be translated into usable form, or other tangible item.
(2) “
(3) “Investigative
agency” means the Department of Justice or any district attorney.
(4) “Pattern of
racketeering activity” means engaging in at least two incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims
or methods of commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and are not isolated
incidents, provided at least one of such incidents occurred after November 1,
1981, and that the last of such incidents occurred within five years after a
prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a previous prosecution
is a bar to a subsequent prosecution, conduct that constitutes an incident of
racketeering activity may be used to establish a pattern of racketeering
activity without regard to whether the conduct previously has been the subject
of a criminal prosecution or conviction or a juvenile court adjudication,
unless the prosecution resulted in an acquittal or the adjudication resulted in
entry of an order finding the youth not to be within the jurisdiction of the
juvenile court.
(5) “Person” means any
individual or entity capable of holding a legal or beneficial interest in real
or personal property.
(6) “Racketeering
activity” includes conduct of a person committed both before and after the
person attains the age of 18 years, and means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that
constitutes a crime, as defined in ORS 161.515, under any of the following
provisions of the Oregon Revised Statutes:
(A) ORS 59.005 to
59.451, 59.660 to 59.830, 59.991 and 59.995, relating to securities;
(B) ORS 162.015, 162.025
and 162.065 to 162.085, relating to bribery and perjury;
(C) ORS 162.235, 162.265
to 162.305, 162.325, 162.335, 162.355 and 162.365, relating to obstructing
governmental administration;
(D) ORS 162.405 to
162.425, relating to abuse of public office;
(E) ORS 162.455,
relating to interference with legislative operation;
(F) ORS 163.095 to
163.115, 163.118, 163.125 and 163.145, relating to criminal homicide;
(G) ORS 163.160 to
163.205, relating to assault and related offenses;
(H) ORS 163.225 and
163.235, relating to kidnapping;
(I) ORS 163.275,
relating to coercion;
(J) ORS 163.670 to
163.693, relating to sexual conduct of children;
(K) ORS 164.015,
164.043, 164.045, 164.055, 164.057, 164.075 to 164.095, 164.125, 164.135,
164.140, 164.215, 164.225 and 164.245 to 164.270, relating to theft, burglary,
criminal trespass and related offenses;
(L) ORS 164.315 to
164.335, relating to arson and related offenses;
(M) ORS 164.345 to
164.365, relating to criminal mischief;
(N) ORS 164.395 to
164.415, relating to robbery;
(O) ORS 164.865, 164.875
and 164.868 to 164.872, relating to unlawful recording or labeling of a
recording;
(P) ORS 165.007 to
165.022, 165.032 to 165.042 and 165.055 to 165.070, relating to forgery and
related offenses;
(Q) ORS 165.080 to
165.109, relating to business and commercial offenses;
(R) ORS 165.485 to
165.515, 165.540 and 165.555, relating to communication crimes;
(S) ORS 166.180,
166.190, 166.220, 166.250, 166.270, 166.275, 166.410, 166.450 and 166.470,
relating to firearms and other weapons;
(T) ORS 164.377 (2) to
(4), as punishable under ORS 164.377 (5)(b), 167.007 to 167.017, 167.062 to
167.080, [167.087,] 167.090, 167.122
to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355, 167.365, 167.370,
167.428, 167.431 and 167.439 and sections 2 and 3 of this 2007 Act,
relating to prostitution, obscenity, sexually explicit material, sexual
conduct, gambling, computer crimes involving the Oregon State Lottery,
animal fighting, forcible recovery of a fighting bird and related offenses;
(U) ORS 171.990,
relating to legislative witnesses;
(V) ORS 260.575 and
260.665, relating to election offenses;
(W) ORS 314.075,
relating to income tax;
(X) ORS 180.440 (2) and
ORS chapter 323, relating to cigarette and tobacco products taxes and the
directory developed under ORS 180.425;
(Y) ORS 411.630,
411.675, 411.690 and 411.840, relating to public assistance payments, and ORS
411.990 (2) and (3);
(Z) ORS 462.140, 462.415
and 462.420 to 462.520, relating to racing;
(AA) ORS 463.995,
relating to boxing and wrestling, as defined in ORS 463.015;
(BB) ORS 471.305,
471.360, 471.392 to 471.400, 471.403, 471.404, 471.405, 471.425, 471.442, 471.445,
471.446, 471.485, 471.490 and 471.675, relating to alcoholic liquor, and any of
the provisions of ORS chapter 471 relating to licenses issued under the Liquor
Control Act;
(CC) ORS 475.005 to
475.285 and 475.840 to 475.980, relating to controlled substances;
(DD) ORS 480.070,
480.210, 480.215, 480.235 and 480.265, relating to explosives;
(EE) ORS 819.010,
819.040, 822.100, 822.135 and 822.150, relating to motor vehicles;
(FF) ORS 658.452 or
658.991 (2) to (4), relating to farm labor contractors;
(GG) ORS chapter 706,
relating to banking law administration;
(HH) ORS chapter 714,
relating to branch banking;
(II) ORS chapter 716,
relating to mutual savings banks;
(JJ) ORS chapter 723,
relating to credit unions;
(KK) ORS chapter 726,
relating to pawnbrokers;
(LL) ORS 166.382 and
166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 59.840 to
59.980, relating to mortgage bankers and mortgage brokers;
(OO) ORS chapter 496,
497 or 498, relating to wildlife;
(PP) ORS 163.355 to
163.427, relating to sexual offenses;
(QQ) ORS 166.015,
relating to riot;
(RR) ORS 166.155 and
166.165, relating to intimidation;
(SS) ORS chapter 696,
relating to real estate and escrow;
(TT) ORS chapter 704,
relating to outfitters and guides;
(UU) ORS 165.692,
relating to making a false claim for health care payment;
(VV) ORS 162.117,
relating to public investment fraud;
(WW) ORS 164.170 or
164.172;
(XX) ORS 647.140,
647.145 or 647.150, relating to trademark counterfeiting;
(YY) ORS 164.877;
(ZZ) ORS 167.312 and
167.388;
(AAA) ORS 164.889; or
(BBB) ORS
165.800.
(b) Any conduct defined
as “racketeering activity” under 18 U.S.C. 1961 (1)(B),
(C), (D) and (E).
(7) “Unlawful debt”
means any money or other thing of value constituting principal or interest of a
debt that is legally unenforceable in the state in whole or in part because the
debt was incurred or contracted:
(a) In violation of any
one of the following:
(A) ORS chapter 462,
relating to racing;
(B) ORS 167.108 to
167.164, relating to gambling; or
(C) ORS 82.010 to
82.170, relating to interest and usury.
(b) In gambling activity
in violation of federal law or in the business of lending money at a rate
usurious under federal or state law.
(8) Notwithstanding
contrary provisions in ORS 174.060, when this section references a statute in
the Oregon Revised Statutes that is substantially different in the nature of
its essential provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to the statute.
SECTION 8. ORS 166.725 is amended to read:
166.725. (1) Any circuit
court may, after making due provision for the rights of innocent persons,
enjoin violations of the provisions of ORS 166.720 (1) to (4) by issuing
appropriate orders and judgments, including, but not limited to:
(a) Ordering a
divestiture by the defendant of any interest in any enterprise, including real
property.
(b) Imposing reasonable
restrictions upon the future activities or investments of any defendant,
including, but not limited to, prohibiting any defendant from engaging in the
same type of endeavor as the enterprise in which the defendant was engaged in
violation of the provisions of ORS 166.720 (1) to (4).
(c) Ordering the
dissolution or reorganization of any enterprise.
(d) Ordering the
suspension or revocation of a license, permit or prior approval granted to any
enterprise by any agency of the state.
(e) Ordering the
forfeiture of the charter of a corporation organized under the laws of this
state, or the revocation of a certificate of authority authorizing a foreign
corporation to conduct business within this state, upon finding that the board
of directors or a managerial agent acting on behalf of the corporation, in
conducting the affairs of the corporation, has authorized or engaged in conduct
in violation of ORS 166.720 (1) to (4) and that, for the prevention of future
criminal activity, the public interest requires the charter of the corporation
forfeited and the corporation dissolved or the certificate of authority
revoked.
(2) All property, real
or personal, including money, used in the course of, derived from or realized
through conduct in violation of a provision of ORS 166.715 to 166.735 is
subject to civil forfeiture to the state. The state shall dispose of all
forfeited property as soon as commercially feasible. If property is not
exercisable or transferable for value by the state, it shall expire. All
forfeitures or dispositions under this section shall be made with due provision
for the rights of innocent persons. Forfeited property shall be distributed as
follows:
(a)(A) All moneys and
the clear proceeds of all other property forfeited shall be deposited with the
State Treasurer to the credit of the Common School Fund.
(B) For purposes of subparagraph
(A) of this paragraph, “clear proceeds” means proceeds of forfeited property
less costs of maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the Department of
Justice has not otherwise recovered its costs and expenses of the investigation
and prosecution leading to the forfeiture, less 30 percent of the remaining
proceeds of the property which is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
(b) Any amounts awarded
to the Department of Justice pursuant to paragraph (a) of this subsection shall
be deposited in the Criminal Justice Revolving Account in the State Treasury.
(3) Property subject to
forfeiture under this section may be seized by a police officer, as defined in
ORS 133.525 (2), upon court process. Seizure without process may be made if:
(a) The seizure is
incident to a lawful arrest or search or an inspection under an administrative
inspection warrant; or
(b) The property subject
to seizure has been the subject of a prior judgment in favor of the state in a
forfeiture proceeding based upon this section.
(4) In the event of a
seizure under subsection (3) of this section, a forfeiture proceeding shall be
instituted promptly. Property taken or detained under this section shall not be
subject to replevin, but is deemed to be in the custody of the police officer
making the seizure, subject only to the order of the court. When property is
seized under this section, pending forfeiture and final disposition, the police
officer may:
(a) Place the property
under seal;
(b) Remove the property
to a place designated by the court; or
(c) Require another
agency authorized by law to take custody of the property and remove it to an
appropriate location.
(5) The Attorney
General, any district attorney or any state agency having jurisdiction over
conduct in violation of a provision of ORS 166.715 to 166.735 may institute
civil proceedings under this section. In any action brought under this section,
the circuit court shall give priority to the hearing and determination. Pending
final determination, the circuit court may at any time enter such injunctions,
prohibitions or restraining orders, or take such actions, including the acceptance
of satisfactory performance bonds, as the court may deem proper. The Attorney
General, district attorney or state agency bringing an action under this
section may be awarded, upon entry of a judgment in favor of the state, costs
of investigation and litigation, reasonably incurred. Amounts recovered may
include costs and expenses of state and local governmental departments and
agencies incurred in connection with the investigation or litigation.
(6)(a) Any aggrieved
person may institute a proceeding under subsection (1) of this section:
(A) If the proceeding is
based upon racketeering activity for which a criminal conviction has been obtained, any rights of appeal have expired and the
action is against the individual convicted of the racketeering activity; or
(B) If the person is
entitled to pursue a cause of action under subsection (7)(a)(B)
of this section.
(b) In such proceeding,
relief shall be granted in conformity with the principles that govern the
granting of injunctive relief from threatened loss or damage in other civil
cases, except that no showing of special or irreparable damage to the person
shall have to be made. Upon the execution of proper bond against damages for an
injunction improvidently granted and a showing of immediate danger of
significant loss or damage, a temporary restraining order and a preliminary
injunction may be issued in any such action before a final determination on the
merits.
(7)(a) Any person who is
injured by reason of any violation of the provisions of ORS 166.720 (1) to (4)
shall have a cause of action for three-fold the actual damages sustained and,
when appropriate, punitive damages:
(A) If a criminal
conviction for the racketeering activity that is the basis of the violation has
been obtained, any rights of appeal have expired and the action is against the
individual convicted of the racketeering activity; or
(B) If the violation is
based on racketeering activity as defined in ORS 166.715 (6)(a)(B) to (J), (K)
as it relates to burglary and criminal trespass, (L) to (P), (S), (T), [except for claims arising under ORS 167.087,]
(U), (V), (X) to (Z), (AA) to (DD), (KK), (LL) or (OO) to (VV).
(b) The defendant or any
injured person may demand a trial by jury in any civil action brought pursuant
to this subsection.
(c) Any injured person
shall have a right or claim to forfeited property or to the proceeds derived
therefrom superior to any right or claim the state has in the same property or
proceeds.
(8) An investigative
agency may bring an action for civil penalties for any violation of ORS 166.720
(1) to (4). Upon proof of any such violation, the court shall impose a civil
penalty of not more than $250,000.
(9) A judgment rendered
in favor of the state in any criminal proceeding under ORS 166.715 to 166.735
shall estop the defendant in any subsequent civil action or proceeding brought
by the state or any other person as to all matters as to which such judgment
would be an estoppel as between the state and the defendant.
(10) The Attorney
General may, upon timely application, intervene in any civil action or
proceeding brought under subsection (6) or (7) of this section if the Attorney
General certifies that, in the opinion of the Attorney General, the action or
proceeding is of general public importance. In such action or proceeding, the
state shall be entitled to the same relief as if the Attorney General
instituted the action or proceeding.
(11)(a) Notwithstanding
any other provision of law, a criminal or civil action or proceeding under ORS
166.715 to 166.735 may be commenced at any time within five years after the
conduct in violation of a provision of ORS 166.715 to 166.735 terminates or the
cause of action accrues. If a criminal prosecution or civil action or other
proceeding is brought, or intervened in, to punish, prevent or restrain any
violation of the provisions of ORS 166.715 to 166.735, the running of the
period of limitations prescribed by this section with respect to any cause of
action arising under subsection (6) or (7) of this section which is based in
whole or in part upon any matter complained of in any such prosecution, action
or proceeding shall be suspended during the pendency of such prosecution,
action or proceeding and for two years following its termination.
(b) A cause of action
arising under subsection (6)(a)(A) or (7)(a)(A) of
this section accrues when the criminal conviction for the underlying activity
is obtained. In addition to any suspension of the running of the period of
limitations provided for in paragraph (a) of this subsection, the period of
limitations prescribed by paragraph (a) of this subsection is suspended during
any appeal from the criminal conviction for the underlying activity.
(12) The application of
one civil remedy under any provision of ORS 166.715 to 166.735 shall not
preclude the application of any other remedy, civil or criminal, under ORS
166.715 to 166.735 or any other provision of law. Civil remedies under ORS
166.715 to 166.735 are supplemental and not mutually exclusive.
(13) Notwithstanding
subsection (6) or (7) of this section, a person may not institute a proceeding
under subsection (6) of this section and does not have a cause of action under
subsection (7) of this section if the conduct that is the basis of the
proceeding or action could also be the basis of a claim of discrimination
because of sex that constitutes sexual harassment.
(14) In an action
brought under the provisions of this section by a person other than the
Attorney General, a district attorney or a state agency, the court may award
reasonable attorney fees to the prevailing party. In a civil action brought
under the provisions of this section by the Attorney General, a district
attorney or a state agency:
(a) The court may award
reasonable attorney fees to the Attorney General, district attorney or state
agency if the Attorney General, district attorney or state agency prevails in
the action; and
(b) The court may award
reasonable attorney fees to a defendant who prevails in an action under this
section if the court determines that the Attorney General, district attorney or
state agency had no objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial court.
SECTION 9. ORS 167.062 is amended to read:
167.062. (1) It is unlawful for any person to knowingly engage in
sadomasochistic abuse or sexual conduct in a live public show.
(2) Violation of
subsection (1) of this section is a Class A misdemeanor.
(3) It is unlawful for
any person to knowingly direct, manage, finance or present a live public show
in which the participants engage in sadomasochistic abuse or sexual conduct.
(4) Violation of
subsection (3) of this section is a Class C felony.
(5) As used in ORS
167.002, 167.007[, 167.087] and this
section unless the context requires otherwise:
(a) “Live public show”
means a public show in which human beings, animals, or both appear bodily
before spectators or customers.
(b) “Public show” means
any entertainment or exhibition advertised or in some other fashion held out to
be accessible to the public or member of a club, whether or not an admission or
other charge is levied or collected and whether or not minors are admitted or
excluded.
SECTION 10. ORS 342.143 is amended to read:
342.143. (1) No
teaching, personnel service or administrative license shall be issued to any
person until the person has attained the age of 18 years and has furnished
satisfactory evidence of proper educational training.
(2) The Teacher
Standards and Practices Commission may also require an applicant for a
teaching, personnel service or administrative license to furnish evidence
satisfactory to the commission of good moral character, mental and physical
health, and such other evidence as it may deem necessary to establish the
applicant’s fitness to serve as a teacher.
(3) Without limiting the
powers of the Teacher Standards and Practices Commission under subsection (2)
of this section and notwithstanding ORS 670.280:
(a) No teaching,
personnel service or administrative license or registration as a public charter
school teacher shall be issued to any person who:
(A) Has been convicted
of a crime listed in ORS 163.095, 163.115, 163.185, 163.235, 163.355, 163.365,
163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575, 163.670, 163.675
(1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 163.687,
163.688, 163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012,
167.017, 167.062, [167.065, 167.070,]
167.075, 167.080, [167.087,] 167.090,
475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872,
475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or 475.906 or
section 2 or 3 of this 2007 Act;
(B) Has been convicted
under ORS 161.405 of an attempt to commit any of the crimes listed in
subparagraph (A) of this paragraph; or
(C)
Has been convicted in another jurisdiction of a crime that is substantially
equivalent, as defined by rule, to any of the crimes listed in subparagraphs
(A) and (B) of this paragraph.
(b) The Teacher
Standards and Practices Commission may refuse to issue a license or
registration to any person who has been convicted of a crime involving the
illegal use, sale or possession of controlled substances.
(4) In denying the
issuance of a license or registration under this section, the commission shall
follow the procedure set forth in ORS 342.176 and 342.177.
(5) The Department of
Education shall provide school districts and public charter schools a copy of
the list contained in subsection (3) of this section.
SECTION 11. ORS 167.065, 167.070, 167.087 and 167.089
are repealed.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008
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