75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 2175 (A to RC)
 
LC 913/HB 2175-A4
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2175
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
                    By COMMITTEE ON JUDICIARY
 
                             June 2
 
  On page 22 of the printed A-engrossed bill, line 37, after the
comma delete the rest of the line and delete lines 38 through 40
and insert 'the Juvenile Compact Administrator shall, before
granting permission for the delinquent juvenile to reside in this
state, make a diligent effort to ensure that the sending state
notifies the delinquent juvenile of the obligation to report.'.
  Delete lines 43 through 45.
  Delete page 23 and insert:
  '  { +  SECTION 20. + }  { + If House Bill 2169 becomes law,
section 2 of this 2009 Act (amending ORS 181.595) is repealed and
ORS 181.595, as amended by section 1, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2169), is amended to read: + }
  ' 181.595. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency   { - or official to whom - }
 { + to which + } 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
city police department or a county sheriff's office 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 - }   { + United States
court + } 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 - }   { + United States court + } 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 - }
 { + described in subsection (2) of + } this section shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office 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;
  ' (B) Within 10 days of a change of residence;
  ' (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  ' (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
  ' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education.
  ' (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 report to the agency
supervising the person.
  ' (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
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 city police
department, the county sheriff's office or the supervising
agency:
  ' (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  ' (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
  ' (C) Shall 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 21. + }  { + If House Bill 2169 becomes law,
section 3 of this 2009 Act (amending ORS 181.596) is repealed and
ORS 181.596, as amended by section 2, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2169), is amended to read: + }
  ' 181.596. (1)(a) Except as otherwise provided in paragraph (b)
of this subsection, the agency   { - or official to whom - }
 { + to which + } 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
city police department or a county sheriff's office 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 - }  { +  United States court + } 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 - }  { +  United States
court + } 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 - }
 { + described in subsection (2) of + } this section shall
report, in person, to the Department of State Police, a city
police department or a county sheriff's office or, if the person
is under supervision, to the supervising agency:
  ' (A) Within 10 days following discharge { + , + }   { - or - }
release { +  or placement on probation + };
  ' (B) Within 10 days of a change of residence;
  ' (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  ' (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
  ' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education.
  ' (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 report to the agency supervising
the person.
  ' (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
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 city police
department, the county sheriff's office or the supervising
agency:
  ' (A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
  ' (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
  ' (C) Shall 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 22. + }  { + If House Bill 2170 becomes law,
section 4 of this 2009 Act (amending ORS 181.597) is repealed and
ORS 181.597, as amended by section 1, chapter 34, Oregon Laws
2009 (Enrolled House Bill 2170), is amended to read: + }
  ' 181.597. (1)(a) When a person   { - listed - }
 { + described + } 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;
  ' (C) Once each year within 10 days of the person's birth date,
regardless of whether the person changed residence;
  ' (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
  ' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education.
  ' (b) When a person   { - listed - }   { + described + } 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 { +  of State Police + }, 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) When a person described in subsection (2) of this
section resides in this state at the time of the conviction or
adjudication giving rise to the obligation to report, continues
to reside in this state following the conviction or adjudication
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) Within 10 days following:
  ' (i) Discharge, release on parole or release on any form of
supervised or conditional release, from a jail, prison or other
correctional facility or detention facility; or
  ' (ii) Discharge, release or placement on probation, by another
United States court;
  ' (B) Within 10 days of a change of residence;
  ' (C) Once each year within 10 days of the person's birth date,
regardless of whether the person has changed residence;
  ' (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
  ' (E) Within 10 days of a change in work, vocation or
attendance status at an institution of higher education. + }
  '  { - (c) - }  { +  (d) + } 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) - }  { +  (e) + } 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) - }  { +  (f) + } 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 - }
 { +  United States court + } of a crime if the elements of the
crime would constitute a sex crime;
  ' (b) A person found by   { - a court in another
jurisdiction - }  { + another United States court + } 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 required under this section,
the Department of State Police,   { - a - }  { +  the + } city
police department or   { - a - }  { +  the + } sheriff's office:
  ' (a) Shall photograph the person and obtain the signature of
the person; and
  ' (b) May fingerprint the person.
  '  { +  SECTION 23. + }  { + If House Bill 2173 becomes law,
section 9 of this 2009 Act (amending ORS 181.830) is repealed and
ORS 181.830, as amended by section 1, chapter ___, Oregon Laws
2009 (Enrolled House Bill 2173), is amended to read: + }
  ' 181.830. 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 - }
 { + United States court + } 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) The victim was at least 14 years of age at the time of
the offense or act;
  ' (d) Except for the convictions or findings described in
subsection (1) of this section, the person has not been convicted
of, found guilty except for insanity of, or found to be within
the jurisdiction of the juvenile court based on,   { - an offense
listed in ORS 181.594 (4) - }   { + a sex crime + } or  { + an
offense, in another United States court, for + } conduct   { - in
another jurisdiction - }  that if committed in this state would
constitute   { - an offense listed in ORS 181.594 (4) - }  { +  a
sex crime + }; and
  ' (e) Each conviction or finding described in subsection (1) of
this section involved the same victim; and
  ' (3) The court enters an order relieving the person of the
requirement to report under ORS 181.832 or 181.833.
  '  { +  SECTION 24. + }  { + (1) The amendments to ORS 181.595
by sections 2 and 20 of this 2009 Act apply to persons paroled to
or otherwise placed in this state on or after the effective date
of this 2009 Act.
  ' (2) The amendments to ORS 181.596 by sections 3 and 21 of
this 2009 Act apply to persons discharged, released or placed on
probation to this state on or after the effective date of this
2009 Act.
  ' (3)(a) Except as provided in paragraph (b) of this
subsection, the amendments to ORS 181.597 by sections 4 and 22 of
this 2009 Act apply to persons who move into this state, or whose
first day of school attendance or work in this state occurs, on
or after the effective date of this 2009 Act.
  ' (b) ORS 181.597 (1)(c) applies to persons convicted of a
crime or adjudicated for an act on or after the effective date of
this 2009 Act.
  ' (4) The amendments to ORS 181.599 by section 5 of this 2009
Act apply to conduct occurring on or after the effective date of
this 2009 Act.
  ' (5) The amendments to ORS 181.826, 181.830 and 181.833 by
sections 6, 7, 9 and 23 of this 2009 Act apply to petitions or
motions filed on or after the effective date of this 2009
Act. + } ' .
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