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 721
 
                         House Bill 2172
 
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 procedure for obtaining relief from sex offender
reporting under ORS 181.820.
 
                        A BILL FOR AN ACT
Relating to relief from sex offender reporting; creating new
  provisions; and amending ORS 181.820.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 181.820 is amended to read:
  181.820. (1)(a) No sooner than 10 years after termination of
supervision on probation, conditional release, parole or
post-prison supervision, a person required to report under ORS
181.595, 181.596 or 181.597 may file a petition in   { - the - }
circuit court   { - of the county in which the person resides - }
for an order relieving the person of the duty to report if:
  (A) The person has only one conviction for, or juvenile court
finding of jurisdiction based on, a sex crime;
  (B) The sex crime was a misdemeanor or Class C felony or, if
committed in another state, would have been a misdemeanor or
Class C felony if committed in this state; and
  (C) The person has not been determined to be a predatory sex
offender as described in ORS 181.585.
   { +  (b)(A) Except as otherwise provided in this paragraph,
the petition must be filed in the circuit court of the county in
which the person was convicted of, or found to be within the
jurisdiction of the juvenile court based on, the sex crime.
  (B) If the person was convicted of, or found to be within the
jurisdiction of the juvenile court based on, the sex crime in
another state, the petition must be filed in the circuit court of
the county in which the person resides. + }
    { - (b) - }   { + (c) + } The district attorney of the
county { +  in which the petition is filed + } shall be named and
served as the respondent in the petition.
  (2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
  (a) The nature of the offense that required reporting;
  (b) The age and number of victims;
  (c) The degree of violence involved in the offense;
 
  (d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
reporting;
  (e) The period of time during which the petitioner has not
reoffended;
  (f) Whether the petitioner has successfully completed a
court-approved sex offender treatment program; and
  (g) Any other relevant factors.
  (3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to report.
When the court enters an order under this subsection, the
petitioner shall send a certified copy of the court order to the
Department of State Police.
  SECTION 2.  { + The amendments to ORS 181.820 by section 1 of
this 2009 Act apply to petitions filed on or after the effective
date of this 2009 Act. + }
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