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 3848
House Bill 3553
Sponsored by Representatives FLORES, THATCHER; Representatives
CAMERON, DALLUM, ESQUIVEL, GILLIAM, HANNA, KRIEGER, KRUMMEL,
MAURER, MINNIS, MORGAN, NELSON, OLSON, SCOTT, WHISNANT
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 crime of subjecting another to involuntary servitude in
first degree. Punishes by maximum of 20 years' imprisonment,
$375,000 fine, or both.
Creates crime of subjecting another to involuntary servitude in
second degree. Punishes by maximum of 10 years' imprisonment,
$250,000 fine, or both.
Creates crime of subjecting another to involuntary servitude in
third degree. Punishes by maximum of five years' imprisonment,
$125,000 fine, or both.
Creates crime of sexual servitude of minor in first degree.
Punishes by maximum of 25 years' imprisonment, $375,000 fine, or
both.
Creates crime of sexual servitude of minor in second degree.
Punishes by maximum of 20 years' imprisonment, $375,000 fine, or
both.
Creates crime of trafficking in persons. Punishes by maximum of
20 years' imprisonment, $375,000 fine, or both.
Expands definition of 'economic damages' for purposes of
restitution for certain crimes.
Permits law enforcement agencies to apprehend person based upon
probable cause that person is in violation of immigration law.
Requires district attorney to investigate residency status of
convicted persons and to take all reasonable steps to transfer
custody of convicted aliens to federal government.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
137.103, 137.295, 161.005 and 181.850.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 7 of this 2007 Act:
(1) 'Commercial sexual activity' means any sex act on account
of which something of value is given or promised to, or received
by, a person.
(2) 'Labor' means work of economic or financial value.
(3) 'Obtain' means to secure the performance of labor or
services.
(4) 'Services' means an ongoing relationship between two
persons in which one person performs activities under the
supervision or for the benefit of the other person. Commercial
sexual activity and sexually explicit performances are services.
(5) 'Sexually explicit performance' means a live or public act
or show intended to arouse or satisfy the sexual desires or
appeal to the prurient interest in sex of persons watching the
performance. + }
SECTION 2. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the first degree if the
person knowingly and without lawful authority forces or attempts
to force another person to perform labor or engage in services
by:
(a) Causing or threatening to cause serious physical injury to
a person; or
(b) Physically restraining or threatening to physically
restrain a person.
(2) Subjecting another to involuntary servitude in the first
degree is a Class A felony. + }
SECTION 3. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the second degree if the
person knowingly and without lawful authority forces or attempts
to force another person to perform labor or engage in services by
abusing or threatening to abuse the law or legal process.
(2) Subjecting another to involuntary servitude in the second
degree is a Class B felony. + }
SECTION 4. { + (1) A person commits the crime of subjecting
another to involuntary servitude in the third degree if the
person knowingly and without lawful authority forces or attempts
to force another person to perform labor or engage in services
by:
(a) Destroying, concealing, removing, confiscating or
possessing an actual or purported passport or immigration
document or another actual or purported government identification
document of another person;
(b) Engaging in coercion as defined in ORS 163.275 or in theft
by extortion as defined in ORS 164.075; or
(c) Engaging in acts prohibited by ORS 41.580 or 82.010.
(2) Subjecting another to involuntary servitude in the third
degree is a Class C felony. + }
SECTION 5. { + (1) A person commits the crime of sexual
servitude of a minor in the second degree 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, a minor knowing that the minor
will engage in commercial sexual activity, a sexually explicit
performance or the production of pornography; or
(b) Causes or attempts to cause a minor to engage in commercial
sexual activity, a sexually explicit performance or the
production of pornography.
(2) Sexual servitude of a minor in the second degree is a Class
A felony.
(3) As used in this section:
(a) 'Minor' means a person under 18 years of age.
(b) 'Pornography' means a visual depiction of sexually explicit
conduct involving a minor, possession of which is prohibited
under ORS 163.670 to 163.693. + }
SECTION 6. { + (1) A person commits the crime of sexual
servitude of a minor in the first degree if the person violates
section 5 of this 2007 Act by use of force or threat.
(2) Sexual servitude of a minor in the first degree is a felony
punishable by a maximum term of imprisonment of 25 years and a
maximum fine of $375,000. + }
SECTION 7. { + (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, 3 or 4 of this 2007 Act; or
(b) Benefits financially or receives something of value from
participation in a venture that involves an act prohibited by
section 2, 3, 4, 5 or 6 of this 2007 Act.
(2) Trafficking in persons is a Class A felony. + }
SECTION 8. 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' has the meaning given that term in ORS
31.710, except that 'economic damages' does not include future
impairment of earning capacity.
{ + (3) In cases involving criminal activities described in
sections 1 to 7 of this 2007 Act, 'economic damages' means the
greater of:
(a) The gross income or value to the defendant of the victim's
labor or services; or
(b) The value of the victim's labor or services computed using
the Oregon minimum wage and the overtime provisions of the Fair
Labor Standards Act of 1938. + }
{ - (3) - } { + (4) + } '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) - } { + (5) + } '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) - } { + (6) + } 'Victim' does not include any
coparticipant in the defendant's criminal activities.
SECTION 9. ORS 137.295 is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) So long as there remains unpaid any obligation under
category 1, the clerk shall credit toward category 1 all of each
payment received.
(4) After the total obligation has been credited under category
1, then so long as there remains unpaid any obligation under both
categories 2 and 3, the clerk shall credit toward each such
category 50 percent of each payment received.
(5) The clerk shall monthly transfer the moneys credited under
category 1 and under category 2 to the victims for whose benefit
moneys under that category were ordered paid. If there are
multiple victims for whose benefit moneys have been ordered paid
under category 2, the clerk shall first transfer moneys credited
under category 2 to the victim, as defined in ORS 137.103
{ - (4)(a) - } { + (5)(a) + }. When the moneys due the victim,
as defined in ORS 137.103
{ - (4)(a) - } { + (5)(a) + }, have been fully paid, the
clerk shall transfer moneys credited under category 2 to the
Criminal Injuries Compensation Account if moneys have been
ordered paid to the account under category 2. When the moneys due
the account have been fully paid, the clerk shall transfer moneys
credited under category 2 to any other victims, as defined in ORS
137.103
{ - (4)(b) - } { + (5)(b) + } or (d), for whose benefit
moneys under that category were ordered paid in proportion to the
amounts ordered. The clerk of a circuit court shall monthly
transfer the moneys credited under category 3 as directed by the
State Court Administrator for deposit in the State Treasury to
the credit of the Criminal Fine and Assessment Account
established under ORS 137.300. The clerk of a justice or
municipal court shall monthly transfer the moneys credited under
category 3 to the Department of Revenue as provided in ORS
305.830.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, further payments by
the defendant shall be credited by the clerk entirely to the
unpaid balance of whichever of those categories remains unpaid,
until both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
moneys so received to the appropriate recipient, giving first
priority to counties and cities entitled to revenues generated by
prosecutions in justice and municipal courts and giving last
priority to persons entitled to moneys as reimbursement for
reward under ORS 131.897.
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
(9) The clerk of a justice or municipal court must make the
transfers required by this section not later than the last day of
the month immediately following the month in which a payment is
made.
SECTION 10. ORS 137.295, as amended by section 1, chapter 1064,
Oregon Laws 1999, section 23, chapter 823, Oregon Laws 2001,
section 3, chapter 687, Oregon Laws 2003, and section 5, chapter
564, Oregon Laws 2005, is amended to read:
137.295. (1) When a defendant convicted of a crime or violation
in the circuit, justice or municipal court, or allowed diversion
in such a case, makes a payment of money to be credited against
monetary obligations imposed as a result of that conviction or
diversion, the clerk shall distribute the payment as provided in
this section.
(2) There are four categories of monetary obligations. The
categories are as follows:
(a) Category 1 consists of compensatory fines under ORS
137.101.
(b) Category 2 consists of restitution as defined in ORS
137.103 and restitution under ORS 419C.450 and a monetary
obligation imposed under ORS 811.706.
(c) Category 3 consists of the unitary assessment imposed under
ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those
fines, costs, forfeited security amounts and other monetary
obligations payable to the state or to the General Fund of the
state in criminal and quasi-criminal cases for which moneys the
law does not expressly provide other disposition.
(d) Category 4 consists of monetary obligations imposed upon
the defendant as a result of the conviction, but which do not
fall under category 1, category 2 or category 3 of the obligation
categories. These include, but are not limited to, fines and
other monetary obligations that the law expressly directs be paid
to an agency, person or political subdivision of the state, and
any other obligation to reimburse for payment of a reward under
ORS 131.897.
(3) As long as there remains unpaid any obligation under
category 1, including any interest accrued on that obligation,
the clerk shall credit toward category 1 all of each payment
received.
(4) After the total obligation has been credited under category
1, then as long as there remains unpaid any obligation under both
categories 2 and 3, including any interest accrued on those
obligations, the clerk shall credit toward each such category 50
percent of each payment received.
(5) The clerk shall monthly transfer the principal amount of
the moneys credited under category 1 and under category 2, and
all interest that has accrued on those principal amounts, to the
victims for whose benefit moneys under that category were ordered
paid. If there are multiple victims for whose benefit moneys have
been ordered paid under category 2, the clerk shall first
transfer moneys credited under category 2 to the victim, as
defined in ORS 137.103 { - (4)(a) - } { + (5)(a) + }. When
the moneys due the victim, as defined in ORS 137.103
{ - (4)(a) - } { + (5)(a) + }, have been fully paid, the clerk
shall transfer moneys credited under category 2 to the Criminal
Injuries Compensation Account if moneys have been ordered paid to
the account under category 2. When the moneys due the account
have been fully paid, the clerk shall transfer moneys credited
under category 2 to any other victims, as defined in ORS 137.103
{ - (4)(b) - } { + (5)(b) + } or (d), for whose benefit moneys
under that category were ordered paid in proportion to the
amounts ordered. The clerk of a circuit court shall monthly
transfer the principal amount of the moneys credited under
category 3 as directed by the State Court Administrator for
deposit in the State Treasury to the credit of the Criminal Fine
and Assessment Account established under ORS 137.300. The clerk
of a justice or municipal court shall monthly transfer the
principal amount of the moneys credited under category 3 to the
Department of Revenue as provided in ORS 305.830. The clerk shall
transfer all interest on the principal amount of the moneys
credited under category 3 to the State Court Administrator for
deposit in the Court Facilities Account established under ORS
1.190.
(6) When the entire amount owing for purposes of either
category 2 or category 3 has been credited, including any
interest that has accrued on the amount, further payments by the
defendant shall be credited by the clerk entirely to the unpaid
balance of whichever of those categories remains unpaid, until
both category 2 and category 3 have been entirely paid.
(7) When category 1, category 2 and category 3 have been
entirely paid and any obligation remains owing under category 4,
the clerk shall credit further payments by the defendant to the
obligations under category 4 and shall monthly transfer the
principal amount of the moneys so received to the appropriate
recipient, giving first priority to counties and cities entitled
to revenues generated by prosecutions in justice and municipal
courts and giving last priority to persons entitled to moneys as
reimbursement for reward under ORS 131.897. The clerk shall
transfer all interest on the principal amount of the moneys
credited under category 4 to the agency, person or political
subdivision of the state entitled to the principal amount. All
interest on monetary obligations owing to the state under
category 4 shall be transferred to the State Court Administrator
for deposit in the Court Facilities Account established under ORS
1.190.
(8) Notwithstanding subsection (5) of this section, the clerk
of a circuit court shall monthly transfer the moneys attributable
to parking violations to the State Treasurer for deposit in the
General Fund.
(9) The clerk of a justice or municipal court must make the
transfers required by this section not later than the last day of
the month immediately following the month in which a payment is
made.
SECTION 11. { + (1) No later than January 1, 2009, the
Attorney General shall submit a report to the Seventy-fourth
Legislative Assembly outlining how existing:
(a) Laws relating to crime victims' compensation, services and
rights respond to the needs of victims of crimes defined in
sections 1 to 7 of this 2007 Act; and
(b) Social service programs respond, or fail to respond, to the
needs of victims of crimes defined in sections 1 to 7 of this
2007 Act and the interplay between state social service programs
and federally funded victim service programs.
(2) The Attorney General shall include in the report required
by subsection (1) of this section recommendations for improvement
and modification of the laws and programs. + }
SECTION 12. 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 to 7 of this 2007
Act + }, shall be known and may be cited as Oregon Criminal Code
of 1971.
SECTION 13. ORS 181.850 is amended to read:
181.850. (1) { - No - } { + To the extent authorized by
federal law, and pursuant to a written agreement with the federal
government, a + } law enforcement agency of the State of Oregon
or of any political subdivision of the state { - shall use
agency moneys, equipment or personnel for the purpose of
detecting or apprehending persons whose only violation of law is
that they are persons of foreign citizenship present in the
United States - } { + may apprehend a person + } { + based
upon probable cause that the person is + } in violation of
federal immigration laws.
(2) { - Notwithstanding subsection (1) of this section, - }
A law enforcement agency may exchange information with the United
States Bureau of Immigration and Customs Enforcement, the United
States Bureau of Citizenship and Immigration Services and the
United States Bureau of Customs and Border Protection in order
to:
(a) Verify the immigration status of a person if the person is
arrested for any criminal offense; or
(b) Request criminal investigation information with reference
to persons named in records of the United States Bureau of
Immigration and Customs Enforcement, the United States Bureau of
Citizenship and Immigration Services or the United States Bureau
of Customs and Border Protection.
(3) { - Notwithstanding subsection (1) of this section, - }
A law enforcement agency may arrest any person who:
(a) Is charged by the United States with a criminal violation
of federal immigration laws under Title II of the Immigration and
Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
(b) Is subject to arrest for the crime pursuant to a warrant of
arrest issued by a federal magistrate.
(4) For purposes of subsection (1) of this section, the Bureau
of Labor and Industries is not a law enforcement agency.
(5) As used in this section, 'warrant of arrest' has the
meaning given that term in ORS 131.005.
SECTION 14. { + (1) When a person is convicted of a crime, the
district attorney shall conduct an investigation to determine if
the convicted person is present in the United States in violation
of federal immigration laws.
(2) If the district attorney has reasonable grounds to believe
that the convicted person is present in the United States in
violation of federal immigration laws, the district attorney
shall notify United States Immigration and Customs Enforcement of
the grounds supporting that belief and request the federal
agency's assistance in confirming the person's legal status.
(3) If the federal agency confirms that the convicted person is
present in the United States in violation of federal immigration
laws, the district attorney shall take all reasonable steps to
ensure that the federal agency takes physical and legal custody
of the convicted person. + }
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