Chapter 448
Oregon Laws 2011
AN ACT
HB 2662
Relating to
crime; creating new provisions; amending sections 12, 14 and 15, chapter 826,
Oregon Laws 2009; repealing sections 5, 6 and 6c, chapter 332, Oregon Laws 2011
(Enrolled Senate Bill 390); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 12, chapter 826,
Oregon Laws 2009, as amended by section 21, chapter 826, Oregon Laws 2009, is
amended to read:
Sec. 12. (1) [Section 1 of this 2009 Act] ORS
181.740 applies to records and information in the possession of the
Department of Human Services, the Oregon Health Authority, the Psychiatric
Security Review Board or the Judicial Department on or after [the effective date of this 2009 Act] January
1, 2010, irrespective of when the record or information was created.
[(2)(a)
When the Department of Human Services determines that the department has
received a sufficient legislative appropriation or federal funding to carry out
the provisions of section 1 of this 2009 Act, the department shall adopt a rule
so indicating. The department shall notify Legislative Counsel when the rule is
adopted.]
[(b)
When the Oregon Health Authority determines that the authority has received a
sufficient legislative appropriation or federal funding to carry out the
provisions of section 1 of this 2009 Act, the authority shall adopt a rule so
indicating. The authority shall notify Legislative Counsel when the rule is
adopted.]
[(c)
When the Chief Justice of the Supreme Court determines that the Judicial
Department has received a sufficient legislative appropriation or federal
funding to carry out the provisions of section 1 of this 2009 Act, the Chief
Justice shall issue an order so indicating. The Chief Justice shall notify
Legislative Counsel when the order is issued.]
[(d)
When the Psychiatric Security Review Board determines that the board has
received a sufficient legislative appropriation or federal funding to carry out
the provisions of section 1 of this 2009 Act, the board shall adopt a rule so
indicating. The board shall notify Legislative Counsel when the rule is
adopted.]
[(3)(a)(A)
The Department of Human Services may not comply with section 1 of this 2009 Act
until the department adopts the rule described in subsection (2)(a) of this
section; and]
[(B)
If the Department of Human Services adopts the rule described in subsection
(2)(a) of this section before January 2, 2012, the department may not comply
with section 1 of this 2009 Act until the later of:]
[(i)
The date the Psychiatric Security Review Board adopts the rule described in
section 13 of this 2009 Act; or]
[(ii)
January 2, 2012.]
[(b)(A)
The Oregon Health Authority may not comply with section 1 of this 2009 Act or
the amendments to ORS 166.412 by section 17 of this 2009 Act until the
authority adopts the rule described in subsection (2)(b) of this section; and]
[(B)
If the Oregon Health Authority adopts the rule described in subsection (2)(b)
of this section before January 2, 2012, the authority may not comply with
section 1 of this 2009 Act or the amendments to ORS 166.412 by section 17 of
this 2009 Act until the later of:]
[(i)
The date the Psychiatric Security Review Board adopts the rule described in
section 13 of this 2009 Act; or]
[(ii)
January 2, 2012.]
[(c)(A)
The Judicial Department may not comply with section 1 of this 2009 Act until
the Chief Justice issues the order described in subsection (2)(c) of this
section; and]
[(B)
If the Chief Justice issues the order described in subsection (2)(c) of this
section before January 2, 2012, the Judicial Department may not comply with
section 1 of this 2009 Act until the later of:]
[(i)
The date the Psychiatric Security Review Board adopts the rule described in
section 13 of this 2009 Act; or]
[(ii)
January 2, 2012.]
[(d)(A)
The Psychiatric Security Review Board may not comply with section 1 of this
2009 Act until the board adopts the rule described in subsection (2)(d) of this
section; and]
[(B)
If the board adopts the rule described in subsection (2)(d) of this section
before January 2, 2012, the board may not comply with section 1 of this 2009
Act until the later of:]
[(i)
The date the board adopts the rule described in section 13 of this 2009 Act; or]
[(ii)
January 2, 2012.]
[(4)(a)
When the Chief Justice of the Supreme Court determines that the Judicial
Department has received a sufficient legislative appropriation or federal
funding to carry out the provisions of the amendments to ORS 426.160 and
427.293 by sections 2 and 3 of this 2009 Act, the Chief Justice shall issue an
order so indicating. The Chief Justice shall notify Legislative Counsel when
the order is issued.]
[(b)(A)]
(2) [Except as provided in
subparagraph (B) of this paragraph,] The amendments to ORS 426.160 and
427.293 by sections 2 and 3, chapter 826, Oregon Laws 2009, [of this 2009 Act] become operative on
the effective date of this 2011 Act. [date the Chief Justice issues the order described in paragraph (a) of
this subsection.]
[(B)
If the Chief Justice issues the order described in paragraph (a) of this
subsection before January 2, 2012, the amendments to ORS 426.160 and 427.293 by
sections 2 and 3 of this 2009 Act become operative on the later of:]
[(i)
The date the Psychiatric Security Review Board adopts the rule described in section
13 of this 2009 Act; or]
[(ii)
January 2, 2012.]
SECTION 2. Section 14, chapter 826,
Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, is
amended to read:
Sec. 14. [(1) Sections 5 and 13 of this 2009 Act are repealed on January 2, 2012.]
(1) Section 5, chapter 826, Oregon
Laws 2009, as amended by sections 18 and 18a, chapter 826, Oregon Laws 2009, is
repealed on January 2, 2016.
(2) Section 13, chapter 826, Oregon
Laws 2009, as amended by section 22, chapter 826, Oregon Laws 2009, is repealed
on January 2, 2016.
[(2)]
(3) The amendments to ORS 166.250, 166.274, 166.291 and 166.470 by
sections 10, 11, 11a and 20, chapter 826, Oregon Laws 2009, [of this 2009 Act] become operative on
January 2, [2012] 2016.
SECTION 3. Section 15, chapter 826,
Oregon Laws 2009, as amended by section 24, chapter 826, Oregon Laws 2009, is
amended to read:
Sec. 15. (1) The repeal of
section 5, chapter 826, Oregon Laws 2009, [of this 2009 Act] by section 14, chapter 826, Oregon Laws 2009,
[of this 2009 Act] does not affect
any petition for relief filed pursuant to section 5, chapter 826, Oregon
Laws 2009,[of this 2009 Act] with
the Psychiatric Security Review Board before January 2, [2012] 2016. Any proceeding commenced under section 5,
chapter 826, Oregon Laws 2009, [of
this 2009 Act] before January 2, [2012]
2016, shall continue to be governed by the provisions of section 5,
chapter 826, Oregon Laws 2009 [of
this 2009 Act].
(2) Nothing in the repeal of section 5,
chapter 826, Oregon Laws 2009, [of
this 2009 Act] by section 14, chapter 826, Oregon Laws 2009, [of this 2009 Act] or the amendments to
ORS 166.250, 166.274, 166.291 and 166.470 by sections 10, 11, 11a and 20,
chapter 826, Oregon Laws 2009, [of
this 2009 Act] affects the relief granted to a person under section 5,
chapter 826, Oregon Laws 2009 [of
this 2009 Act].
SECTION 3a. If Senate Bill 390
becomes law, sections 5 (amending section 12, chapter 826, Oregon Laws 2009)
and 6, chapter 332, Oregon Laws 2011 (Enrolled Senate Bill 390), are repealed.
SECTION 3b. If Senate Bill 390
becomes law and Senate Bill 68 does not become law, the amendments to ORS
426.160 and 427.293 by sections 2 and 4, chapter 332, Oregon Laws 2011
(Enrolled Senate Bill 390), become operative on the effective date of this 2011
Act.
SECTION 3c. If both Senate Bill
390 and Senate Bill 68 become law, the amendments to ORS 426.160 and 427.293 by
sections 6a and 6b, chapter 332, Oregon Laws 2011 (Enrolled Senate Bill 390),
become operative on the effective date of this 2011 Act.
SECTION 3d. If both Senate Bill
390 and Senate Bill 68 become law, section 6c, chapter 332, Oregon Laws 2011
(Enrolled Senate Bill 390), is repealed.
SECTION 4. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 21, 2011
Filed in the
office of Secretary of State June 21, 2011
Effective date
June 21, 2011
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