75th OREGON LEGISLATIVE ASSEMBLY--2009 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 718
House Bill 2169
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of State Police)
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.
Modifies crime of failure to report as sex offender and
procedures related to sex offender reporting.
A BILL FOR AN ACT
Relating to sex offender reporting; creating new provisions; and
amending ORS 181.595, 181.596, 181.597 and 181.599.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.595 is amended to read:
181.595. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person
reports under subsection (3) of this section shall complete a sex
offender registration form concerning the person when the person
reports under subsection (3) of this section.
(b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
chief of police or a county sheriff and provide the supervising
agency with proof of the completed registration.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of
supervised or conditional release from a jail, prison or other
correctional facility or detention facility in this state at
which the person was confined as a result of:
(A) Conviction of a sex crime;
(B) Having been found guilty except for insanity of a sex
crime; or
(C) Having been found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute a sex crime;
(b) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state;
(c) Is paroled to or otherwise placed in this state after
having been found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult;
(d) Is discharged or placed on conditional release by the
juvenile panel of the Psychiatric Security Review Board after
having been found to be responsible except for insanity under ORS
419C.411 for an act that would constitute a sex crime if
committed by an adult; or
(e) Is discharged by the court under ORS 161.329 after having
been found guilty except for insanity of a sex crime.
(3)(a) { + A person required to report under this section
shall report, in person, to the Department of State Police, a
chief of police or a county sheriff or, if the person is under
supervision, to the supervising agency:
(A) + } Within 10 days following discharge, release on parole,
post-prison supervision or other supervised or conditional
release { + ; + } { - , the person shall report, in person, to
the Department of State Police, a chief of police or a county
sheriff or to the supervising agency, if any. - }
{ - (b) After making the report required by paragraph (a) of
this subsection, the person shall report, in person: - }
{ - (A) - } { + (B) + } Within 10 days of a change of
residence;
{ - (B) - } { + (C) + } Once each year within 10 days of
the person's birth date, regardless of whether the person changed
residence;
{ - (C) - } { + (D) + } Within 10 days of the first day the
person works at, carries on a vocation at or attends an
institution of higher education; and
{ - (D) - } { + (E) + } Within 10 days of a change in work,
vocation or attendance status at an institution of higher
education.
{ - (c) The person shall make the reports required by
paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any. - }
{ - (d) - } { + (b) + } If the person required to report
under this subsection is a youth offender or young person, as
defined in ORS 419A.004, who is under supervision, the person
shall { - make the reports required by paragraphs (a) and (b)
of this subsection - } { + report + } to the agency supervising
the person.
{ - (e) - } { + (c) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
(4) As part of the registration { + and reporting requirements
of + }
{ - requirement under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, the chief of police,
the county sheriff or the supervising agency:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section and each
time the person reports annually under this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 2. ORS 181.596 is amended to read:
181.596. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency or official to whom a person
reports under subsection (4) of this section shall complete a sex
offender registration form concerning the person when the person
reports under subsection (4) of this section.
(b) When a person who is under supervision reports to the
agency supervising the person, the supervising agency may require
the person to report instead to the Department of State Police, a
chief of police or a county sheriff and provide the supervising
agency with proof of the completed registration.
(2) Subsection (4) of this section applies to a person who is
discharged, released or placed on probation:
(a) By the court after being convicted in this state of a sex
crime;
(b) By the juvenile court after being found to be within the
jurisdiction of the juvenile court for having committed an act
that if committed by an adult would constitute a sex crime;
(c) To this state under ORS 144.610 after being convicted in
another jurisdiction of a crime that would constitute a sex crime
if committed in this state; or
(d) To this state after having been found by a court in another
jurisdiction to have committed an act while the person was under
18 years of age that would constitute a sex crime if committed in
this state by an adult.
(3) The court shall ensure that the person completes a form
that documents the person's obligation to report under ORS
181.595 or this section. No later than three working days after
the person completes the form required by this subsection, the
court shall ensure that the form is sent to the Department of
State Police.
{ + (4)(a) A person required to report under this section
shall report, in person, to the Department of State Police, a
chief of police or a county sheriff or, if the person is under
supervision, to the supervising agency: + }
{ - (4)(a) - } { + (A) + } Within 10 days following
discharge or release { + ; + }
{ - , the person shall report, in person, to the Department of
State Police, chief of police or county sheriff or to the
supervising agency, if any. - }
{ - (b) After making the report required by paragraph (a) of
this subsection, the person shall report, in person: - }
{ - (A) - } { + (B) + } Within 10 days of a change of
residence;
{ - (B) - } { + (C) + } Once each year within 10 days of
the person's birth date, regardless of whether the person changed
residence;
{ - (C) - } { + (D) + } Within 10 days of the first day the
person works at, carries on a vocation at or attends an
institution of higher education; and
{ - (D) - } { + (E) + } Within 10 days of a change in work,
vocation or attendance status at an institution of higher
education.
{ - (c) The person shall make the reports required by
paragraph (b) of this subsection to the department, a chief of
police, a county sheriff or the supervising agency, if any. - }
{ - (d) - } { + (b) + } If the person required to report
under this subsection is a youth offender, as defined in ORS
419A.004, who is under supervision, the person shall { - make
the reports required by paragraphs (a) and (b) of this
subsection - } { + report + } to the agency supervising the
person.
{ - (e) - } { + (c) + } The obligation to report under this
subsection terminates if the conviction or adjudication that gave
rise to the obligation is reversed or vacated or if the
registrant is pardoned.
(5) As part of the registration { + and reporting requirements
of + }
{ - requirement under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, the chief of police,
the county sheriff or the supervising agency:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section and each
time the person reports annually under this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 3. ORS 181.597 is amended to read:
181.597. (1)(a) When a person listed in subsection (2) of this
section moves into this state and is not otherwise required by
ORS 181.595 or 181.596 to report, the person shall report, in
person, to the Department of State Police, a city police
department or a county sheriff's office:
(A) No later than 10 days after moving into this state;
(B) Within 10 days of a change of residence; and
(C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence.
(b) When a person listed in subsection (2) of this section
attends school or works in this state, resides in another state
and is not otherwise required by ORS 181.595 or 181.596 to
report, the person shall report, in person, to the department, a
city police department or a county sheriff's office no later than
10 days after:
(A) The first day of school attendance or the 14th day of
employment in this state; and
(B) A change in school enrollment or employment.
(c) As used in paragraph (b) of this subsection, 'attends
school' means enrollment in any type of school on a full-time or
part-time basis.
(d) When a person reports under paragraph (a) of this
subsection, the agency { - or official to whom - } { + to
which + } the person reports shall complete a sex offender
registration form concerning the person.
(e) The obligation to report under this section terminates if
the conviction or adjudication that gave rise to the obligation
is reversed or vacated or if the registrant is pardoned.
(2) Subsection (1) of this section applies to:
(a) A person convicted in another jurisdiction of a crime if
the elements of the crime would constitute a sex crime;
(b) A person found by a court in another jurisdiction to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult; and
(c) A person required to register in another state for having
committed a sex offense in that state regardless of whether the
crime would constitute a sex crime in this state.
(3) As part of the registration { + and reporting requirements
of + }
{ - required under - } this section { - , - } { + :
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex
offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) + } The Department of State Police, a city police
department or a sheriff's office:
{ - (a) - } { + (A) + } Shall photograph the person { +
when the person initially reports under this section, each time
the person reports annually under subsection (1)(a)(C) of this
section and each time the person reports under subsection
(1)(b)(B) of this section; + }
{ - and obtain the signature of the person; and - }
{ + (B) May photograph the person or any identifying scars,
marks or tattoos located on the person when the person reports
under any of the circumstances described in this section; and + }
{ - (b) - } { + (C) Shall + } { - May - } fingerprint
the person { + if the person's fingerprints are not included in
the record file of the Department of State Police bureau of
criminal identification + }.
SECTION 4. ORS 181.599 is amended to read:
181.599. (1) A person who is required to report as a sex
offender and who has knowledge of the reporting requirement
commits the crime of failure to report as a sex offender if the
person fails, as required by ORS 181.595, 181.596 or 181.597, to:
(a) Make the initial report to the appropriate agency or
official;
(b) Report when the person works at, carries on a vocation at
or attends an institution of higher education;
(c) Report following a change of residence, school enrollment
or employment status, including enrollment, employment or
vocation status at an institution of higher education;
(d) Make an annual report; { - or - }
(e) Provide complete and accurate information { + ;
(f) Sign the sex offender registration form as required; or
(g) Submit to fingerprinting or to having a photograph taken of
the person's face, identifying scars, marks or tattoos + }.
(2) Except as otherwise provided in subsection (3) of this
section, failure to report as a sex offender is a Class A
misdemeanor.
(3) Failure to report as a sex offender is a Class C felony if
the person violates:
(a) Subsection (1)(a) of this section; or
(b) Subsection (1)(b) { + , + } { - or - } (c) { + or
(f) + } of this section and the crime for which the person is
required to report is a felony.
(4) A person who fails to sign and return an address
verification form as required by ORS 181.598 (2) commits a
violation.
SECTION 5. { + The amendments to ORS 181.595, 181.596, 181.597
and 181.599 by sections 1 to 4 of this 2009 Act apply to persons
required to report on or after the effective date of this 2009
Act. + }
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