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 1074
 
                           B-Engrossed
 
                         House Bill 2333
                  Ordered by the Senate June 7
 Including House Amendments dated April 6 and Senate Amendments
                          dated June 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.
 
  Relieves persons convicted of certain sex offenses who have no
prior sex offense convictions, and who are less than five years
older than victim, of duty to report as sex offender if victim's
lack of consent was based solely on age.
   { +  Establishes procedure to determine whether person may be
relieved of duty to report as sex offender. + }
 
                        A BILL FOR AN ACT
Relating to sex offender reporting.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + A person otherwise required to report under ORS
181.595, 181.596 or 181.597 is not required to report, and if
currently reporting is no longer required to report, if:
  (1)(a) The person has been convicted of:
  (A) Rape in the third degree as defined in ORS 163.355;
  (B) Sodomy in the third degree as defined in ORS 163.385;
  (C) Sexual abuse in the third degree as defined in ORS 163.415;
  (D) Contributing to the sexual delinquency of a minor as
defined in ORS 163.435;
  (E) Sexual misconduct as defined in ORS 163.445; or
  (F) An attempt to commit an offense listed in subparagraphs (A)
to (E) of this paragraph;
  (b) The person has been found guilty except for insanity of an
offense listed in paragraph (a) of this subsection;
  (c) The person has been found to be within the jurisdiction of
the juvenile court for having committed an act that if committed
by an adult would constitute an offense listed in paragraph (a)
of this subsection; or
  (d) The person is paroled to this state under ORS 144.610 after
being convicted in another jurisdiction of a crime that would
constitute an offense listed in paragraph (a) of this subsection;
  (2)(a) The person is less than five years older than the
victim;
  (b) The victim's lack of consent was due solely to incapacity
to consent by reason of being less than a specified age;
  (c) At the time of the offense or act, the person had no prior
conviction for an offense listed in ORS 181.594 (4) or
adjudication for an act that if committed by an adult would
constitute an offense listed in ORS 181.594 (4), or no prior
conviction or adjudication for conduct in another jurisdiction
that if committed in this state by an adult would constitute an
offense listed in ORS 181.594 (4); and
  (d) The victim was at least 14 years of age at the time of the
offense or act; and
  (3) The court enters an order relieving the person of the
requirement to report under section 2 or 3 of this 2007 Act. + }
  SECTION 2.  { + (1) When a person is convicted of an offense or
adjudicated for an act described in section 1 (1) of this 2007
Act, the court shall determine whether the person is required to
report under ORS 181.595 or 181.596.
  (2) The court shall enter an order relieving the person of the
requirement to report, unless:
  (a) The court finds by a preponderance of the evidence that the
person does not meet the eligibility requirements described in
section 1 of this 2007 Act; or
  (b) The district attorney and the person stipulate that the
person is required to report.
  (3) The state has the burden of proving that the person does
not meet the eligibility requirements described in section 1 of
this 2007 Act. + }
  SECTION 3.  { + (1) A person who meets the criteria described
in section 1 of this 2007 Act and seeks relief from the
requirement to report under ORS 181.595, 181.596 or 181.597
shall:
  (a) If the person was convicted in this state of the offense or
adjudicated in this state for the act giving rise to the
obligation to report, file a motion for relief from the
requirement to report and an affidavit of eligibility with the
circuit court of the county in which the person was convicted or
adjudicated and serve a copy of the motion and affidavit on the
district attorney for that county.
  (b) If the person was convicted in another jurisdiction of an
offense or adjudicated in another jurisdiction for an act giving
rise to the obligation to report, file a petition for relief from
the requirement to report and an affidavit of eligibility with
the circuit court of the county in which the person resides and
serve a copy of the petition and affidavit on the district
attorney for that county.
  (2) The court shall schedule a hearing more than 90 days from
the date of the filing described in subsection (1) of this
section. The court shall notify the person and the district
attorney of the date of the hearing.
  (3)(a) Upon receipt of the affidavit described in subsection
(1) of this section, the district attorney shall determine
whether the district attorney contests the request for relief.
  (b) If the district attorney does not contest the request for
relief, the district attorney shall submit an order to the court
relieving the person of the reporting requirements described in
ORS 181.595, 181.596 or 181.597. The court shall enter the order.
  (c) If the district attorney contests the request for relief,
the district attorney shall notify the person of that
determination within 90 days.
  (4) At the hearing, the state has the burden of proving that
the person does not meet the eligibility requirements described
in section 1 of this 2007 Act.
  (5)(a) If the court finds, by a preponderance of the evidence,
that the person does not meet the eligibility requirements
described in section 1 of this 2007 Act, the court shall enter an
order denying the request for relief.
 
 
  (b) If the court does not make the finding described in
paragraph (a) of this subsection, the court shall enter an order
relieving the person from the requirement to report.
  (6)(a) If the court relieves the person from the requirement to
report, the person shall send a certified copy of the court order
to the Department of State Police.
  (b) Upon receipt of the order, the Department of State Police
shall remove from the Law Enforcement Data System the sex
offender information obtained from the sex offender registration
form submitted under ORS 181.595, 181.596 or 181.597.
  (7) The order entered under subsection (5) of this section is
not subject to appeal.
  (8) The Oregon Evidence Code does not apply to the hearing
described in subsection (4) of this section. + }
  SECTION 4.  { + Section 1 of this 2007 Act applies to persons
convicted of an offense or adjudicated for an act before, on or
after the effective date of this 2007 Act. + }
  SECTION 5.  { + Section 2 of this 2007 Act applies to persons
convicted of an offense or adjudicated for an act on or after the
effective date of this 2007 Act. + }
  SECTION 6.  { + Section 3 of this 2007 Act applies to persons:
  (1) Convicted of an offense or adjudicated for an act in this
state before the effective date of this 2007 Act; and
  (2) Convicted of an offense or adjudicated for an act in
another jurisdiction before, on or after the effective date of
this 2007 Act. + }
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