74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1035
A-Engrossed
House Bill 2327
Ordered by the House May 7
Including House Amendments dated May 7
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Increases penalty for crime of riot to maximum of 10
years' imprisonment, $250,000 fine, or both. - }
{ + Creates crime of subjecting another person to involuntary
servitude in first degree. Punishes by maximum of 10 years'
imprisonment, $250,000 fine, or both.
Creates crime of subjecting another person to involuntary
servitude in second degree. Punishes by maximum of five years'
imprisonment, $125,000 fine, or both.
Creates crime of trafficking in persons. Punishes by maximum of
10 years' imprisonment, $250,000 fine, or both.
Allows victim of involuntary servitude or trafficking in
persons to seek restitution from defendant. Allows person injured
by involuntary servitude or trafficking in persons to bring civil
cause of action for damages against person whose actions were
unlawful.
Allows victim of involuntary servitude or trafficking in
persons to assert defense of duress if victim is prosecuted for
conduct that constitutes services that victim was caused to
provide.
Includes threatening to notify law enforcement of person's
immigration status in crime of theft by extortion and crime of
coercion.
Creates Task Force on Trafficking in Persons. Specifies
membership and duties of task force. Sunsets task force January
2, 2009.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 131.602,
137.103, 161.005, 163.275, 164.075 and 166.715; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 and 3 of this 2007 Act, '
services' means activities performed by one person under the
supervision or for the benefit of another person. + }
SECTION 2. { + (1) A person commits the crime of subjecting
another person to involuntary servitude in the first degree if
the person knowingly and without lawful authority forces or
attempts to force the other person to engage in services by:
(a) Causing or threatening to cause the death of or serious
physical injury to a person; or
(b) Physically restraining or threatening to physically
restrain a person.
(2) Subjecting another person to involuntary servitude in the
first degree is a Class B felony. + }
SECTION 3. { + (1) A person commits the crime of subjecting
another person to involuntary servitude in the second degree if
the person knowingly and without lawful authority forces or
attempts to force the other person to engage in services by:
(a) Abusing or threatening to abuse the law or legal process;
(b) Destroying, concealing, removing, confiscating or
possessing an actual or purported passport or immigration
document or another actual or purported government identification
document of a person;
(c) Threatening to report a person to a government agency for
the purpose of arrest or deportation;
(d) Threatening to collect an unlawful debt; or
(e) Instilling in the other person a fear that the actor will
withhold from the other person the necessities of life, including
but not limited to lodging, food and clothing.
(2) Subjecting another person to involuntary servitude in the
second degree is a Class C felony. + }
SECTION 4. { + (1) A person commits the crime of trafficking
in persons if the person knowingly:
(a) Recruits, entices, harbors, transports, provides or obtains
by any means, or attempts to recruit, entice, harbor, transport,
provide or obtain by any means, another person knowing that the
other person will be subjected to involuntary servitude as
described in section 2 or 3 of this 2007 Act; or
(b) Benefits financially or receives something of value from
participation in a venture that involves an act prohibited by
this section or section 2 or 3 of this 2007 Act.
(2) Trafficking in persons is a Class B felony. + }
SECTION 5. ORS 137.103 is amended to read:
137.103. As used in ORS 137.101 to 137.109, 161.675 and
161.685:
(1) 'Criminal activities' means any offense with respect to
which the defendant is convicted or any other criminal conduct
admitted by the defendant.
(2) 'Economic damages' { + :
(a) + } Has the meaning given that term in ORS 31.710, except
that 'economic damages' does not include future impairment of
earning capacity { + ; and
(b) In cases involving criminal activities described in section
2, 3 or 4 of this 2007 Act, includes the greater of:
(A) The value to the defendant of the victim's services as
defined in section 1 of this 2007 Act; or
(B) The value of the victim's services, as defined in section 1
of this 2007 Act, computed using the minimum wage established
under ORS 653.025 and the overtime provisions of the federal Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) + }.
(3) 'Restitution' means full, partial or nominal payment of
economic damages to a victim. Restitution is independent of and
may be awarded in addition to a compensatory fine awarded under
ORS 137.101.
(4) 'Victim' means:
(a) The person against whom the defendant committed the
criminal offense, if the court determines that the person has
suffered economic damages as a result of the offense.
(b) Any person not described in paragraph (a) of this
subsection whom the court determines has suffered economic
damages as a result of the defendant's criminal activities.
(c) The Criminal Injuries Compensation Account, if it has
expended moneys on behalf of a victim described in paragraph (a)
of this subsection.
(d) An insurance carrier, if it has expended moneys on behalf
of a victim described in paragraph (a) of this subsection.
(5) 'Victim' does not include any coparticipant in the
defendant's criminal activities.
SECTION 6. 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 1, 2, 3 and 4 of this 2007
Act + }, shall be known and may be cited as Oregon Criminal Code
of 1971.
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) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(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, relating to
prostitution, obscenity, 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 { + ; or
(CCC) Section 2, 3 or 4 of this 2007 Act + }.
(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 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) Subjecting another person to involuntary servitude
in the first degree, as defined in section 2 of this 2007 Act.
(135) Subjecting another person to involuntary servitude in the
second degree, as defined in section 3 of this 2007 Act.
(136) Trafficking in persons, as defined in section 4 of this
2007 Act. + }
{ - (134) - } { + (137) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (133) - } { + (136) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 9. { + (1) Irrespective of any criminal prosecution or
the result of a criminal prosecution, a person injured by a
violation of section 2, 3 or 4 of this 2007 Act may bring a civil
action for damages against a person whose actions are unlawful
under section 2, 3 or 4 of this 2007 Act.
(2) Upon prevailing in an action under this section, the
plaintiff may recover:
(a) Both special and general damages, including damages for
emotional distress; and
(b) Punitive damages.
(3) The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no reasonable basis for appealing an
adverse decision of a circuit court.
(4) An action under this section must be commenced within six
years of the conduct giving rise to the claim.
(5)(a) A final judgment of conviction for violating section 2,
3 or 4 of this 2007 Act is conclusive for purposes of this
section.
(b) In the absence of a conviction for violating section 2, 3
or 4 of this 2007 Act, the plaintiff in a civil action bears the
burden of proving the elements of section 2, 3 or 4 of this 2007
Act by a preponderance of the evidence. + }
SECTION 10. { + A person who is the victim of a crime
described in section 2, 3 or 4 of this 2007 Act may assert the
defense of duress, as described in ORS 161.270, if the person is
prosecuted for conduct that constitutes services under section 1
of this 2007 Act, that the person was caused to provide. + }
SECTION 11. ORS 164.075 is amended to read:
164.075. (1) A person commits theft by extortion when the
person compels or induces another to deliver property to the
person or to a third person by instilling in the other a fear
that, if the property is not so delivered, the actor or a third
person will in the future:
(a) Cause physical injury to some person; { - or - }
(b) Cause damage to property; { - or - }
(c) Engage in other conduct constituting a crime; { - or - }
(d) Accuse some person of a crime or cause criminal charges to
be instituted against the person; { - or - }
(e) Expose a secret or publicize an asserted fact, whether true
or false, tending to subject some person to hatred, contempt or
ridicule; { - or - }
(f) Cause or continue a strike, boycott or other collective
action injurious to some person's business { - ; - } { + , + }
except that such conduct { - shall not be - } { + is not + }
considered extortion when the property is demanded or received
for the benefit of the group in whose interest the actor purports
to act; { - or - }
(g) Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
{ - or - }
(h) Use or abuse the position as a public servant by performing
some act within or related to official duties, or by failing or
refusing to perform an official duty, in such manner as to affect
some person adversely; { - or - }
{ + (i) Notify law enforcement of the person's immigration
status; or + }
{ - (i) - } { + (j) + } Inflict any other harm that would
not benefit the actor.
(2) Theft by extortion is a Class B felony.
SECTION 12. ORS 163.275 is amended to read:
163.275. (1) A person commits the crime of coercion when the
person compels or induces another person to engage in conduct
from which the other person has a legal right to abstain, or to
abstain from engaging in conduct in which the other person has a
legal right to engage, by means of instilling in the other person
a fear that, if the other person refrains from the conduct
compelled or induced or engages in conduct contrary to the
compulsion or inducement, the actor or another will:
(a) Unlawfully cause physical injury to some person;
{ - or - }
(b) Unlawfully cause damage to property; { - or - }
(c) Engage in conduct constituting a crime; { - or - }
(d) Falsely accuse some person of a crime or cause criminal
charges to be instituted against the person; { - or - }
(e) Cause or continue a strike, boycott or other collective
action injurious to some person's business, except that such a
threat { - shall not be - } { + is not + } deemed coercive
when the act or omission compelled is for the benefit of the
group in whose interest the actor purports to act; { - or - }
(f) Testify falsely or provide false information or withhold
testimony or information with respect to another's legal claim or
defense; { - or - }
(g) Unlawfully use or abuse the person's position as a public
servant by performing some act within or related to official
duties, or by failing or refusing to perform an official duty, in
such manner as to affect some person adversely { - . - } { + ;
or + }
{ + (h) Notify law enforcement of the person's immigration
status. + }
(2) Coercion is a Class C felony.
SECTION 13. { + (1) There is created the Task Force on
Trafficking in Persons, consisting of:
(a) The Attorney General or the Attorney General's designee;
(b) The Director of Human Services or the director's designee;
(c) The Director of the Employment Department or the director's
designee;
(d) The Commissioner of the Bureau of Labor and Industries or
the commissioner's designee;
(e) Two members, one from the majority party and one from the
minority party, from among members of the Senate, appointed by
the President of the Senate;
(f) Two members, one from the majority party and one from the
minority party, from among members of the House of
Representatives, appointed by the Speaker of the House of
Representatives; and
(g) Seven members appointed by the Attorney General. In
appointing members under this paragraph, the Attorney General
shall select persons who represent public and private
organizations that provide assistance to persons who are victims
of trafficking in persons or who have other expertise in human
trafficking issues.
(2) The task force shall:
(a) Assess the extent of the problem of trafficking in persons
in Oregon;
(b) Measure and evaluate the progress of the state's efforts at
preventing trafficking in persons;
(c) Identify available federal, state and local programs that
provide services to persons who are victims of trafficking in
persons, including but not limited to health care, human
services, housing, education, legal assistance, job training or
preparation, interpreting services and victims' compensation; and
(d) Make recommendations on methods to provide a coordinated
system of support and assistance to persons who are victims of
trafficking in persons.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee related
to the judiciary no later than October 1, 2008.
(10) The Department of Justice shall provide staff support to
the task force.
(11) Notwithstanding ORS 171.072, members of the task force are
not entitled to compensation, but may be reimbursed for actual
and necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amounts
provided for in ORS 292.495. Claims for expenses shall be paid
out of funds appropriated to the Department of Justice for that
purpose.
(12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
(13) All appointments to the task force made under subsection
(1) of this section must be completed within 30 days after the
effective date of this 2007 Act.
(14) The Department of Justice may accept contributions of
moneys and assistance from the United States Government or its
agencies or from any other source, public or private, and agree
to conditions placed on the moneys not inconsistent with the
duties of the task force.
(15) All moneys received by the Department of Justice under
subsection (14) of this section shall be used for the purpose of
carrying out the duties of the task force. + }
SECTION 14. { + Section 13 of this 2007 Act is repealed on
January 2, 2009. + }
SECTION 15. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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