Chapter 547 Oregon Laws 2011

AN ACT

SB 68

Relating to the Department of State Police; amending ORS 44.552, 44.554, 44.556, 44.558, 44.560, 44.562, 44.564, 137.225, 144.102, 144.270, 166.291, 181.010, 181.020, 181.030, 181.066, 181.070, 181.080, 181.090, 181.120, 181.130, 181.150, 181.210, 181.220, 181.240, 181.250, 181.260, 181.410, 181.511, 181.521, 181.530, 181.533, 181.538, 181.595, 181.596, 181.597, 181.660, 194.024, 240.205, 240.580, 250.048, 418.701, 419A.250, 426.160, 427.293 and 461.110 and section 27, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408); repealing ORS 181.040, 181.170, 181.265, 181.290, 181.300, 181.310, 181.320, 181.330, 181.340, 181.350, 181.360, 181.450, 181.455, 181.460, 181.465, 181.470, 181.475, 181.480, 181.485, 181.490, 181.495, 181.496 and 181.497 and section 12, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408); and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 181.010 is amended to read:

181.010. As used in ORS 181.010 to 181.560 and 181.715 to 181.730, unless the context requires otherwise:

[(1) “Bureau” means the Department of State Police bureau of criminal identification.]

[(2)] (1) “Criminal justice agency” means:

(a) The Governor;

(b) Courts of criminal jurisdiction;

(d) District attorneys, city attorneys with criminal [prosecutive] prosecutorial functions, attorney employees of the office of public defense services and nonprofit public defender organizations established under contract with the Public Defense Services Commission;

(e) Law enforcement agencies;

(f) The Department of Corrections;

(g) The Oregon Youth Authority;

[(g)] (h) The State Board of Parole and Post-Prison Supervision;

[(h)] (i) The Department of Public Safety Standards and Training; [and]

(j) Regional information systems that share programs to track, identify and remove cross-jurisdictional criminal and terrorist conspiracies; and

[(i)] (k) Any other state or local agency with law enforcement authority [designated by order of the Governor].

[(3)] (2) “Criminal offender information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled [by the bureau] for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

[(4)] (3) “Department” means the Department of State Police established under ORS 181.020.

[(5)] (4) “Deputy superintendent” means the Deputy Superintendent of State Police appointed under ORS 181.220.

[(6)] (5) “Designated agency” means any state, county or municipal government agency where Oregon criminal offender information is required to implement a federal or state statute, executive order or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, licensing purposes or other demonstrated and legitimate needs when designated by order of the Governor.

[(7)] (6) “Disposition report” means a form or process prescribed or furnished by the [bureau] department, containing a description of the ultimate action taken subsequent to an arrest.

[(8)] (7) “Law enforcement agency” means county sheriffs, municipal police departments, state police, other police officers of this state [and other states] or another state and law enforcement agencies of the federal government.

[(9)] (8) “State police” means the sworn members of the state police force appointed under ORS 181.250.

[(10)] (9) “Superintendent” means the Superintendent of State Police appointed under ORS 181.200.

SECTION 2. ORS 181.020 is amended to read:

181.020. (1) There is established a Department of State Police.

(2) The department shall consist of [office personnel and the Oregon State Police. The Oregon State Police shall consist of] sworn members of the state police force appointed under ORS 181.250[, state police cadets and legislative security personnel appointed under ORS 181.265] and nonsworn professional personnel necessary to carry out the department’s public safety functions.

SECTION 3. ORS 181.030 is amended to read:

181.030. (1) The Department of State Police and [each member] the members of the Oregon State Police [shall be] are charged with the enforcement of:

(a) All criminal laws[.]; and

(b) All laws applicable to highways and the operation of vehicles on highways.

(2) Each member of the state police is authorized and empowered to:

(a) Prevent crime.

(b) Pursue and apprehend offenders and obtain legal evidence necessary to ensure the conviction [in the courts] of the offenders in the courts.

(d) Execute any lawful warrant or order of arrest issued against any person or persons for any violation of the law.

(e) Make arrests without warrant for violations of law in the manner provided in ORS 133.310.

(f) Give first aid to the injured.

[(g) Succor the helpless.]

(3) Each member of the state police [shall have in general the same] has the same general powers and authority as those conferred by law upon sheriffs, police officers, constables and peace officers. A member of the state police may be appointed as a deputy medical examiner.

(4) The members of the state police are subject to the call of the Governor[,] and are empowered to cooperate with any other instrumentality or authority of [the] this state, or any political subdivision, in detecting crime, apprehending criminals and preserving law and order throughout [the] this state, but the state police may not be used as a posse except when ordered by the Governor.

SECTION 4. ORS 181.066 is amended to read:

181.066. [(1) There is established in the Department of State Police a bureau of criminal identification which shall be operated by the department.]

[(2)] The [bureau] Department of State Police shall:

[(a)] (1) Install and maintain systems for filing and retrieving fingerprint data and supplemental information submitted by criminal justice agencies for the identification of criminal offenders as the Superintendent of State Police deems necessary;

[(b)] (2) Employ its fingerprint record file as a basis for identifying individuals and provide criminal offender information to criminal justice agencies [while acting] in the performance of [their] the agencies’ official duties;

[(c)] (3) Provide information to persons and agencies as provided in ORS 181.555 and 181.560; and

[(d)] (4) Undertake [such] other projects as [are] necessary or appropriate to the speedy collection and dissemination of information relating to crimes and criminals.

SECTION 5. ORS 181.070 is amended to read:

181.070. (1) The Superintendent of State Police may[, with the approval of the Governor, maintain a state detective bureau under the immediate supervision of the superintendent.]:

(a) Maintain a criminal investigations division for the purpose of preventing, detecting and investigating criminal activity.

(b) Enter into partnerships with local criminal justice agencies to provide expertise in the investigation and resolution of crimes and criminal activity.

[(2) The detective bureau shall:]

[(a) Maintain facilities for the detection of crime by the state police.]

[(b) Supply expert information on handwriting and ballistics.]

[(3)] (2) [To accomplish the] For purposes of subsection [(2)] (1) of this section, the superintendent may[, with the approval of the Governor, utilize] use the services of such members of the state police as [assistant state] detectives as the superintendent [deems expedient] considers necessary.

SECTION 6. ORS 181.080 is amended to read:

181.080. (1) The Department of State Police may establish forensic laboratories.

(2) Subject to available funding, the forensic laboratories shall furnish [service as available to all district attorneys, sheriffs and other peace officers in the] generally accepted types of forensic services to criminal justice agencies in this state. The services of the forensic laboratories [shall] must also be available to [any] a defendant in a criminal case [on] upon order of the court [before] in which the criminal case is pending.

SECTION 7. ORS 181.090 is amended to read:

181.090. (1) The Superintendent of State Police[, with the approval of the Governor,] may establish headquarters and patrol stations at such places as the superintendent [may deem most] considers advisable for the patrol and protection of [the] this state and [for] the enforcement of the laws.

(2) [For that purpose, with the approval of the Governor,] For purposes of this section, the superintendent may use lands and buildings for the accommodation of members of the state police and their vehicles and equipment.

SECTION 8. ORS 181.120 is amended to read:

181.120. (1) The State of Oregon shall provide the members of the state police with standard uniforms.

(2) [Subject to detailed regulations and specifications prescribed by] The Superintendent of State Police[, the uniform to be worn by members of the state police shall be of] shall specify a standard pattern and distinctive design for the uniforms required under this section.

SECTION 9. ORS 181.130 is amended to read:

181.130. The Superintendent of State Police may direct [that] members of the state police [shall] to serve without wearing uniform[,] when, in the judgment of the superintendent, serving without uniform makes law enforcement [will thereby be made] more efficient.

SECTION 10. ORS 181.150 is amended to read:

181.150. (1) The State of Oregon shall provide the members of the state police with emergency [and first aid] outfits, weapons[,] and motor vehicles[,] and all other emergency and first-aid supplies and equipment necessary to carry out the [objects] public safety functions of the Department of State Police.

(2)(a) [This property shall remain] The property described in subsection (1) of this section remains the property of [the] this state with the exception of a retiring or deceased officer’s department-issued service [revolver] weapon, which may be sold by the department to the officer or, in the case of a deceased officer, to a member of the officer’s family, upon the officer’s retirement or death, and the officer’s badge, which may be given to the officer or, in the case of a deceased officer, to a member of the deceased officer’s family, upon the officer’s retirement or death.

(b) [When a service revolver is] A service weapon sold pursuant to this [section, it shall] subsection must be sold for its fair market value.

(c) [The badge shall] A badge given to an officer or an officer’s family member pursuant to this subsection must be marked to indicate the officer’s retirement status and [under no circumstance shall it] may not be used for official police identification other than as a memento of service to the department.

[(2)] (3) [When any of the] Surplus, obsolete or unused property, supplies or equipment [becomes surplus, obsolete or unused it shall] must be disposed of by the Oregon Department of Administrative Services as provided in ORS 279A.280.

[(3)] (4)(a) For purposes of ORS chapters 279A and 279B, the sale of a service [revolver] weapon to a retiring officer by the department is not a public contract and [shall not be] is not subject to the competitive bidding requirements of ORS chapters 279A and 279B.

(b) The provisions of ORS 166.412 do not apply to transfers of firearms pursuant to this section.

SECTION 11. ORS 181.210 is amended to read:

181.210. Before assuming their duties, the Superintendent of State Police and the Deputy Superintendent of State Police[, before assuming their duties, each] shall take and subscribe an oath of office as prescribed by ORS 181.390 [and shall be covered by a fidelity or blanket bond as provided in ORS 291.011].

SECTION 12. ORS 181.220 is amended to read:

181.220. (1) The Superintendent of State Police may, with the approval of the Governor as to person and salary, appoint a Deputy Superintendent of State Police.

(2) The deputy superintendent [shall] must have served as a captain or in higher rank in the Oregon State Police not less than one year prior to [the appointment of the] appointment as deputy superintendent. [The deputy superintendent shall be removable for the causes and in the manner provided in ORS 181.290 to 181.350 for the removal of members of the state police.]

SECTION 13. ORS 181.240 is amended to read:

181.240. The Deputy Superintendent of State Police[, when appointed and qualified, shall possess during the term of office of deputy superintendent all the powers of the Superintendent of State Police and] shall:

(1) Act as the head of the Department of State Police in the absence or incapacity of the Superintendent[, and shall] of State Police; and

(2) Perform such duties as the superintendent [may prescribe] prescribes.

SECTION 14. ORS 181.250 is amended to read:

181.250. The Superintendent of State Police[, with the approval of the Governor,] shall:

(1) Appoint a state police force to be known as the Oregon State Police, consisting of [the number of] commissioned officers, noncommissioned officers and troopers [who are, in the judgment of the Governor and the superintendent, necessary in the performance of the duties of the Department of State Police. The superintendent shall, subject to the laws of the state and with the approval of the Governor,];

(2) Arrange for the examination and enlistment of applicants to the state police; and

(3) Establish ranks or grades in the state police.

SECTION 15. ORS 181.260 is amended to read:

181.260. (1) [No person, other than an expert in crime detection, shall be] A person appointed a member of the state police [unless the person is] must be:

(a) A citizen of the United States.

(b) Of good health and [of] good moral character.

(2)(a) [No person shall] Except as provided in paragraph (b) of this subsection, a person may not be appointed a member of the state police [who] if the person has not established satisfactory evidence of qualifications by passing a physical [and mental] examination based [upon] on the standard provided by the rules and regulations of the United States Army[; but] and such psychological testing and mental examinations as the Superintendent of State Police considers necessary as a condition of employment.

(b) When, in the judgment of the superintendent, the good of the state police requires it, the superintendent [of State Police, with the approval of the Governor, may, for such positions and where, in the judgment of the superintendent, the good of the service requires it,] may waive the physical standard [provided by such rules and regulations] described in paragraph (a) of this subsection.

(3) [Any] A member who voluntarily withdraws from the state police [force] without the consent of the superintendent[, and all persons] and members removed from the state police for cause [after hearing, shall be] are ineligible for reappointment, except as expressly authorized by the superintendent.

(4) The superintendent may appoint police officers from a neighboring state to serve as special state police officers [upon] subject to the following conditions:

(a) The officers are appointed for the limited purpose of providing assistance to the Oregon State Police in law enforcement emergencies and major operations in Oregon in areas near the Oregon border [and] with the neighboring state.

(b) The officers are police officers certified by the neighboring state [bordering Oregon].

(d) There is a reciprocal agreement [wherein] pursuant to which the Superintendent of State Police authorizes a member of the Oregon State Police to assist the [bordering] neighboring state’s police officers under [identically prescribed] the same criteria in the neighboring state in areas near the Oregon border with the neighboring state.

(5) The Superintendent of State Police is authorized to enter into reciprocal agreements with [bordering] state law enforcement agencies in neighboring states for the purpose of providing assistance to the Oregon State Police and the [bordering] state law enforcement agency in the neighboring state in carrying out major operations and responding to law enforcement emergencies in areas near the Oregon border [and the border of the adjacent] with the neighboring state.

SECTION 16. ORS 181.410 is amended to read:

181.410. [(1) Under rules and regulations to be promulgated by the Superintendent of State Police, with the approval of the Governor, all state police shall be required to keep a record of] The Oregon State Police shall:

(1) Keep records of the activities engaged in and the time spent in the performance of their [various] duties; and

(2) Report [same] the activities and time to the Superintendent of State Police at such times as the superintendent [shall direct] directs.

[(2) The superintendent shall approve all claims.]

SECTION 17. ORS 181.511 is amended to read:

181.511. (1) [A law enforcement agency] Immediately upon the arrest of a person for a crime for which criminal offender information must be provided under ORS 181.515, a law enforcement agency shall:

(a) Place the arrested person’s fingerprints and identifying data on forms prescribed or furnished by the Department of State Police [bureau of criminal identification], photograph the arrested person and promptly transmit the form and photograph to the [bureau] department.

(b) If the arrest is disposed of by the arresting agency, cause the disposition report to be completed and promptly transmitted to the [bureau] department.

(c) If the arrest is not disposed of by the agency, cause the disposition report to be forwarded[, except as otherwise provided in section 3, chapter 553, Oregon Laws 1987,] to the court that will dispose of the charge[,] for further action in accordance with ORS 181.521.

(2) A law enforcement agency may record, in addition to fingerprints, the palm prints, sole prints, toe prints or other personal identifiers when, in the discretion of the agency, it is necessary to effect identification of the persons or to the investigation of the crime charged.

(3) A law enforcement agency, for the purpose of identification, may record and submit to the [bureau] department the fingerprints of persons arrested for crimes for which criminal offender information is not required under ORS 181.515.

SECTION 18. ORS 181.521 is amended to read:

181.521. When a court receives a disposition report from a law enforcement agency pursuant to ORS 181.511, the court shall transmit disposition information to the Department of State Police [bureau of criminal identification] in a manner and format determined by the State Court Administrator after consultation with the [bureau] department.

SECTION 19. ORS 181.530 is amended to read:

181.530. (1)(a) The superintendent of any institution of this state shall notify the Department of State Police [bureau of criminal identification] prior to the release or immediately after the escape from the institution of any person committed to the institution for a crime for which a report is required or under civil commitment as a sexually dangerous person.

(b) The notice [shall] required under this subsection must state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.

(2) Promptly upon receipt of the notice required [by] under subsection (1) of this section, the [bureau] department shall notify all law enforcement agencies in the county in which the person was convicted or from which the person was committed and in the county, if known, in which the person will reside.

SECTION 20. ORS 181.533 is amended to read:

181.533. (1) As used in this section:

(a) “Authorized agency” means the Department of State Police or other governmental agency designated by the State of Oregon to report, receive or disseminate criminal offender information.

(b) “Qualified entity” means a business or organization that:

(A) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons;

(B) Is not governed by a state regulatory or licensing agency; and

(C) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) of this section.

(c) “Subject individual” means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or volunteer basis.

(2) An entity may request from an authorized agency a criminal records check for purposes of evaluating the fitness of a subject individual as an employee, contractor or volunteer. The authorized agency may access state and federal criminal records under this subsection only through use of the subject individual’s fingerprints.

(3) Before an authorized agency may conduct a criminal records check under this section:

(a) The authorized agency [shall] must determine whether the entity requesting the criminal records check is a qualified entity;

(b) The qualified entity must establish criteria to be used by the authorized agency in reviewing the criminal offender information for a final record check determination;

(c) The qualified entity must provide the criteria established under paragraph (b) of this subsection to the authorized agency; and

(d) The qualified entity must have informed the subject individual that the qualified entity might request a fingerprint-based criminal records check and that the subject individual may obtain a copy of the record check report from, or challenge the accuracy or completeness of the record check report through, the authorized agency or the Federal Bureau of Investigation.

(4)(a) Upon receipt of a subject individual’s criminal offender information, the authorized agency shall make a final record check determination by comparing the criminal offender information with the criteria provided to the authorized agency by the qualified entity under subsection (3)(c) of this section. In making the final record check determination, the authorized agency may consider only information that the Department of State Police may disclose under ORS 181.560.

(b) An authorized agency is immune from civil liability that might otherwise be incurred or imposed for making the final record check determination under this subsection.

(5) An authorized agency may not transfer a fingerprint card used to conduct the criminal records check unless the public agency or person receiving the fingerprint card agrees to destroy or return the fingerprint card to the authorized agency.

(6) If the public agency or person returns a fingerprint card to the authorized agency, the authorized agency shall destroy the fingerprint card. The authorized agency may not keep a record of the fingerprints.

(7) The authorized agency shall permit a subject individual to inspect the individual’s Oregon and Federal Bureau of Investigation criminal offender information after positive identification has been established based upon fingerprints.

(8) Challenges to the accuracy or completeness of information provided by the authorized agency, the Federal Bureau of Investigation and agencies reporting information to the authorized agency or the federal bureau must be made through the authorized agency or the federal bureau.

(9) The authorized agency shall adopt rules to implement this section. The rules may include but are not limited to:

(a) Criteria to be used by the authorized agency to determine whether an entity is a qualified entity; and

(b) Fees to be charged for conducting criminal records checks under this section in amounts not to exceed the actual costs of acquiring and furnishing criminal offender information.

SECTION 21. ORS 181.538 is amended to read:

181.538. (1) Upon the request of a Native American tribe, and in compliance with procedures adopted by the Department of State Police under ORS 181.555, the Department of State Police shall furnish to the authorized staff of the Native American tribe such information on a subject individual or contractor as the Department of State Police may have in its possession [from its central bureau of criminal identification], including but not limited to manual or computerized criminal offender information. With the approval of the Department of State Police, a local law enforcement agency may furnish the information described in this subsection to a Native American tribe.

(2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual or contractor through the Federal Bureau of Investigation by use of the subject individual’s or contractor’s fingerprints and shall report the results to the staff of the Native American tribe, who must be specifically authorized to receive the information. In accordance with the procedures of the Department of State Police, a local law enforcement agency may conduct the criminal records check described in this paragraph if the local law enforcement agency has received approval under subsection (1) of this section.

(b) The Department of State Police shall return the fingerprint cards to the Native American tribe.

(3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, Native American tribes are designated agencies for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.

(4) As used in this section:

(a) “Contractor” means [any natural person or corporation, trust, association, partnership, joint venture, subsidiary or other business entity with whom] an individual or entity with which a Native American tribe intends to contract for the purpose of providing supplies or services related to tribal gaming, or [any] a control person of a contractor.

(b) “Control person” means:

(A) In a privately owned corporation, the officers, directors and stockholders of the parent company and, if applicable, each of its subsidiaries.

(B) In a publicly owned corporation, the officers and directors of the parent company, each of its subsidiaries and stockholders owning at least 15 percent of the company’s stock.

(D) In an association, the members, officers and directors.

(E) In a partnership or joint venture, the general partners, limited partners or joint venturers.

(F) A member of the immediate family of any of the persons listed in subparagraphs (A) to (E) of this paragraph if the person is involved in the business.

(G) A subcontractor of a contractor, if the subcontractor performs more than 50 percent of the contractor’s contract with the Native American tribe.

(A) Authorized by the Indian Gaming Regulatory Act of October 17, 1988 (Public Law 100-497), 25 U.S.C. 2701 et seq., and the State of Oregon to conduct gambling operations on tribal land; or

(B) Eligible for special programs and services provided by the United States to Indians because of their status as Indians.

(d) “Subject individual” means [a person] an individual who is:

(A) Applying for employment at a tribal gaming facility as a key employee, high security employee, low security employee or management employee; or

(B) Employed or applying for employment with a tribal government or agency responsible for child care, child welfare, law enforcement, education, health care, housing or social services.

SECTION 22. ORS 44.552 is amended to read:

44.552. (1) Whenever a police officer or an employee of the Department of State Police is called as an expert witness in a civil case by a party by whom the officer or employee is not employed, a subpoena requiring attendance may be served by delivering a copy either to the officer or employee personally or to the officer’s or employee’s immediate superior.

(2)(a) [Any] A person causing a subpoena to be issued to compel the attendance of a police officer or an employee of the Department of State Police before a tribunal shall indicate on the face of [that] the subpoena whether the person or the person’s representative intends to ask the expert opinion of the officer or employee as to any aspect of the proceedings.

(b) A police officer [shall] or an employee of the Department of State Police may not be required by a tribunal to give the officer’s or employee’s expert opinion on any matter before the tribunal unless the subpoena compelling the officer’s or employee’s presence indicates that the officer’s or employee’s expert opinion will be asked.

SECTION 23. ORS 44.554 is amended to read:

44.554. (1) [Any] A police officer or an employee of the Department of State Police who is obliged by a subpoena issued pursuant to ORS 44.552 (2) to attend as an expert witness shall receive from the law enforcement unit by which the officer is employed or the Department of State Police, respectively:

(a) The salary or other compensation to which the officer or employee is normally entitled [from the law enforcement unit by which the officer is employed] during the time that the officer or employee travels to and from the place where the court or other tribunal is located and while the officer or employee is required to remain at that place pursuant to [such] the subpoena[.]; and

(b) [The officer shall also receive from the law enforcement unit by which the officer is employed] The actual necessary and reasonable traveling expenses incurred in complying with the subpoena.

(2)(a) The party at whose request a subpoena is issued pursuant to ORS 44.552 (2) compelling the attendance of a police officer or employee of the Department of State Police as an expert witness shall reimburse the law enforcement unit by which the officer is employed or the Department of State Police, respectively, for the full cost to the law enforcement unit or the department incurred in reimbursing the officer or employee as provided in subsection (1) of this section for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(b) The amount of $160 [shall] must be tendered with any subpoena issued under ORS 44.552 (2) to compel the attendance of a police officer or an employee of the Department of State Police as an expert witness for each day that the officer or employee is required to remain in attendance pursuant to the subpoena.

(c) Notwithstanding paragraph (b) of this subsection, if the person causing the issuance of a subpoena requiring the expert opinion of a police officer or an employee of the Department of State Police makes arrangements with the officer or the employee and with the tribunal prior to the issuance of the subpoena to take the testimony of the officer or employee by telephone, and testimony by telephone is otherwise allowed by the Oregon Rules of Civil Procedure, the amount of $80 shall be tendered with the subpoena for each day that the officer or employee is required to testify pursuant to the subpoena.

(3) If the actual expenses [should later prove to be] are less than the amount tendered, the excess of the amount tendered shall be refunded.

(4)(a) If the actual expenses [should later prove to be more] are greater than the amount tendered, the difference shall be paid to the law enforcement unit by which the officer is employed or the Department of State Police, as appropriate, by the party at whose request the subpoena is issued.

(b) [However, no] Notwithstanding paragraph (a) of this subsection, additional amounts [shall be due] are not payable unless, within seven days after the final day on which the officer or employee appears in the proceedings, the law enforcement unit or the Department of State Police, respectively, mails a statement to the party or to the party’s attorney reflecting the additional amounts due.

(5) If a court or tribunal continues a proceeding on its own motion, no additional expert witness fee may be required prior to the issuance of a subpoena or the making of an order directing the officer or employee to appear on the date to which the proceeding is continued.

SECTION 24. ORS 44.556 is amended to read:

44.556. A police officer or an employee of the Department of State Police who is called as an expert witness in a civil case may demand the payment specified in ORS 44.554 (2) for one day, in advance, and when so demanded [shall] may not be compelled to attend until the payment is tendered.

SECTION 25. ORS 44.558 is amended to read:

44.558. A police officer [shall] or an employee of the Department of State Police may not be ordered to return by the court or tribunal for subsequent proceedings beyond the day stated in the subpoena requiring the officer or employee to give the officer’s or employee’s expert opinion referred to in ORS 44.552 (2) or the day upon which the officer or employee appeared under ORS 44.562 (2), unless the party at whose request the subpoena was issued, or the party at whose request the officer or employee is ordered to return, shall first tender to the officer or employee the same sum required to be tendered with a subpoena in the first instance.

SECTION 26. ORS 44.560 is amended to read:

44.560. ORS 44.552, 44.554 and 44.558 apply to subpoenas issued for the taking of depositions of police officers and employees of the Department of State Police.

SECTION 27. ORS 44.562 is amended to read:

44.562. A police officer or an employee of the Department of State Police who has been subpoenaed under ORS 44.552 and 44.560 for the purpose of giving the officer’s or employee’s expert opinion, in lieu of attendance at the time specified in the subpoena, may agree with the party at whose request the subpoena was issued to appear at another time or pursuant to such notice as may be agreed upon.

SECTION 28. ORS 44.564 is amended to read:

44.564. Whenever a police officer or an employee of the Department of State Police appears as an expert witness under ORS 44.550 to 44.566 and reimbursement is not made as provided for in ORS 44.550 to 44.566, the law enforcement unit by which the officer is employed [shall have] or the Department of State Police, respectively, has standing to bring an action in order to recover [such] the funds.

SECTION 29. ORS 137.225 is amended to read:

137.225. (1)(a) At any time after the lapse of three years from the date of pronouncement of judgment, any defendant who has fully complied with and performed the sentence of the court and whose conviction is described in subsection (5) of this section by motion may apply to the court where the conviction was entered for entry of an order setting aside the conviction; or

(b) At any time after the lapse of one year from the date of any arrest, if no accusatory instrument was filed, or at any time after an acquittal or a dismissal of the charge, the arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order setting aside the record of the arrest. For the purpose of computing the one-year period, time during which the arrested person has secreted himself or herself within or without [the] this state is not included.

(2)(a) A copy of the motion and a full set of the defendant’s fingerprints shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed, and opportunity shall be given to contest the motion. The fingerprint card with the notation “motion for setting aside conviction,” or “motion for setting aside arrest record” as the case may be, shall be forwarded to the Department of State Police [bureau of criminal identification]. Information resulting from the fingerprint search along with the fingerprint card shall be returned to the prosecuting attorney.

(b) When a prosecuting attorney is served with a copy of a motion to set aside a conviction under this section, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim, if any, of the crime by mailing a copy of the motion and notice to the victim’s last-known address.

(c) When a person makes a motion under subsection (1)(a) of this section, the person must pay a fee of $80. The person shall attach a certified check payable to the Department of State Police in the amount of $80 to the fingerprint card that is served upon the prosecuting attorney. The office of the prosecuting attorney shall forward the check with the fingerprint card to the Department of State Police [bureau of criminal identification].

(3) Upon hearing the motion, the court may require the filing of such affidavits and may require the taking of such proofs as it deems proper. The court shall allow the victim to make a statement at the hearing. Except as otherwise provided in subsection (12) of this section, if the court determines that the circumstances and behavior of the applicant from the date of conviction, or from the date of arrest as the case may be, to the date of the hearing on the motion warrant setting aside the conviction, or the arrest record as the case may be, it shall enter an appropriate order that shall state the original arrest charge and the conviction charge, if any and if different from the original, date of charge, submitting agency and disposition. The order shall further state that positive identification has been established by the [bureau] Department of State Police and further identified as to [state bureau] Department of State Police number or submitting agency number. Upon the entry of the order, the applicant for purposes of the law shall be deemed not to have been previously convicted, or arrested as the case may be, and the court shall issue an order sealing the record of conviction and other official records in the case, including the records of arrest whether or not the arrest resulted in a further criminal proceeding.

(4) The clerk of the court shall forward a certified copy of the order to such agencies as directed by the court. A certified copy must be sent to the Department of Corrections when the person has been in the custody of the Department of Corrections. Upon entry of the order, the conviction, arrest or other proceeding shall be deemed not to have occurred, and the applicant may answer accordingly any questions relating to its occurrence.

(5) The provisions of subsection (1)(a) of this section apply to a conviction of:

(a) A Class C felony, except for criminal mistreatment in the first degree under ORS 163.205 when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime.

(b) The crime of possession of the narcotic drug marijuana when that crime was punishable as a felony only.

(A) Any sex crime; and

(B) The following crimes when they would constitute child abuse as defined in ORS 419B.005:

(i) Criminal mistreatment in the first degree under ORS 163.205; and

(ii) Endangering the welfare of a minor under ORS 163.575 (1)(a).

(d) A misdemeanor, including a violation of a municipal ordinance, for which a jail sentence may be imposed, except for endangering the welfare of a minor under ORS 163.575 (1)(a) when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime.

(e) A violation, whether under state law or local ordinance.

(f) An offense committed before January 1, 1972, that if committed after that date would be:

(A) A Class C felony, except for any sex crime or for the following crimes when they would constitute child abuse as defined in ORS 419B.005:

(i) Criminal mistreatment in the first degree under ORS 163.205; and

(ii) Endangering the welfare of a minor under ORS 163.575 (1)(a).

(B) A crime punishable as either a felony or a misdemeanor, in the discretion of the court, except for any sex crime or for the following crimes when they would constitute child abuse as defined in ORS 419B.005:

(i) Criminal mistreatment in the first degree under ORS 163.205; and

(ii) Endangering the welfare of a minor under ORS 163.575 (1)(a).

(C) A misdemeanor, except for endangering the welfare of a minor under ORS 163.575 (1)(a) when it would constitute child abuse, as defined in ORS 419B.005, or any sex crime.

(D) A violation.

(6) Notwithstanding subsection (5) of this section, the provisions of subsection (1) of this section do not apply to:

(a) A conviction for a state or municipal traffic offense.

(b) A person convicted, within the 10-year period immediately preceding the filing of the motion pursuant to subsection (1) of this section, of any other offense, excluding motor vehicle violations, whether or not the other conviction is for conduct associated with the same criminal episode that caused the arrest or conviction that is sought to be set aside. Notwithstanding subsection (1) of this section, a conviction that has been set aside under this section shall be considered for the purpose of determining whether this paragraph is applicable.

(c) A person who at the time the motion authorized by subsection (1) of this section is pending before the court is under charge of commission of any crime.

(7) Notwithstanding subsection (5) of this section, the provisions of subsection (1)(a) of this section do not apply to criminally negligent homicide under ORS 163.145, when that offense was punishable as a Class C felony.

(8) The provisions of subsection (1)(b) of this section do not apply to:

(a) A person arrested within the three-year period immediately preceding the filing of the motion for any offense, excluding motor vehicle violations, and excluding arrests for conduct associated with the same criminal episode that caused the arrest that is sought to be set aside.

(b) An arrest for driving while under the influence of intoxicants if the charge is dismissed as a result of the person’s successful completion of a diversion agreement described in ORS 813.200.

(9) The provisions of subsection (1) of this section apply to convictions and arrests that occurred before, as well as those that occurred after, September 9, 1971. There is no time limit for making an application.

(10) For purposes of any civil action in which truth is an element of a claim for relief or affirmative defense, the provisions of subsection (3) of this section providing that the conviction, arrest or other proceeding be deemed not to have occurred do not apply and a party may apply to the court for an order requiring disclosure of the official records in the case as may be necessary in the interest of justice.

(11) Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant. However, such an order has no other effect on the orders setting aside the conviction or the arrest record.

(12) Unless the court makes written findings by clear and convincing evidence that granting the motion would not be in the best interests of justice, the court shall grant the motion and enter an order as provided in subsection (3) of this section if the defendant has been convicted of one of the following crimes and is otherwise eligible for relief under this section:

(a) Abandonment of a child, ORS 163.535.

(b) Attempted assault in the second degree, ORS 163.175.

(d) Coercion, ORS 163.275.

(e) Criminal mistreatment in the first degree, ORS 163.205.

(f) Attempted escape in the first degree, ORS 162.165.

(g) Incest, ORS 163.525, if the victim was at least 18 years of age.

(h) Intimidation in the first degree, ORS 166.165.

(i) Attempted kidnapping in the second degree, ORS 163.225.

(j) Attempted robbery in the second degree, ORS 164.405.

(k) Robbery in the third degree, ORS 164.395.

(L) Supplying contraband, ORS 162.185.

(m) Unlawful use of a weapon, ORS 166.220.

(13) As used in this section, “sex crime” has the meaning given that term in ORS 181.594.

SECTION 30. ORS 144.102 is amended to read:

144.102. (1) The State Board of Parole and Post-Prison Supervision or local supervisory authority responsible for correctional services for a person shall specify in writing the conditions of post-prison supervision imposed under ORS 144.096. A copy of the conditions shall be given to the person upon release from prison or jail.

(2) The board or the supervisory authority shall determine, and may at any time modify, the conditions of post-prison supervision, which may include, among other conditions, that the person shall:

(a) Comply with the conditions of post-prison supervision as specified by the board or supervisory authority.

(b) Be under the supervision of the Department of Corrections and its representatives or other supervisory authority and abide by their direction and counsel.

(d) Report to the parole officer as directed by the board, the department or the supervisory authority.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws.

(g) Understand that the board or supervisory authority may, at its discretion, punish violations of post-prison supervision.

(h) Attend a victim impact treatment session in a county that has a victim impact program. If the board or supervisory authority requires attendance under this paragraph, the board or supervisory authority may require the person, as an additional condition of post-prison supervision, to pay a reasonable fee to the victim impact program to offset the cost of the person’s participation. The board or supervisory authority may not order a person to pay a fee in excess of $5 under this paragraph.

(i) If required to report as a sex offender under ORS 181.595, report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:

(A) When supervision begins;

(B) Within 10 days of a change in 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.

(3)(a) The board or supervisory authority may establish special conditions as the board or supervisory authority determines necessary because of the individual circumstances of the person on post-prison supervision.

(b) If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 181.594, the board or supervisory authority shall include all of the following as special conditions of the person’s post-prison supervision:

(A) Agreement to comply with any curfew set by the board, the supervisory authority or the supervising officer.

(B) A prohibition against contacting a person under 18 years of age without the prior written approval of the board, supervisory authority or supervising officer.

(C) A prohibition against being present more than one time, without the prior written approval of the board, supervisory authority or supervising officer, at a place where persons under 18 years of age regularly congregate.

(D) In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board, supervisory authority or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.

(E) A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.

(F) Entry into and completion of or successful discharge from a sex offender treatment program approved by the board, supervisory authority or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.

(G) A prohibition against any contact with the victim, directly or indirectly, unless approved by the victim, the person’s treatment provider and the board, supervisory authority or supervising officer.

(H) Unless otherwise indicated for the treatment required under subparagraph (F) of this paragraph, a prohibition against viewing, listening to, owning or possessing any sexually stimulating visual or auditory materials that are relevant to the person’s deviant behavior.

(I) Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board or supervisory authority if the representative has reasonable grounds to believe that evidence of a violation of a condition of post-prison supervision will be found.

(J) Participation in random polygraph examinations to obtain information for risk management and treatment. The person is responsible for paying the expenses of the examinations. The results of a polygraph examination under this subparagraph may not be used in evidence in a hearing to prove a violation of post-prison supervision.

(K) Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board, supervisory authority or supervising officer.

(L) A prohibition against using a post-office box unless approved by the board, supervisory authority or supervising officer.

(M) A prohibition against residing in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board, supervisory authority or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or the director of the supervisory authority, or a designee of the board or director. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subparagraph:

(i) “Dwelling” has the meaning given that term in ORS 469.160.

(ii) “Dwelling” does not include a residential treatment facility or a halfway house.

(iii) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(c)(A) If the person is on post-prison supervision following conviction of a sex crime, as defined in ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board or supervisory authority, if requested by the victim, shall include as a special condition of the person’s post-prison supervision that the person not reside within three miles of the victim unless:

(i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (6) of this section;

(ii) The person demonstrates to the board or supervisory authority by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

(iii) The person demonstrates to the board or supervisory authority by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the post-prison supervision; or

(iv) The person resides in a halfway house. As used in this sub-subparagraph, “halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(B) A victim may request imposition of the special condition of post-prison supervision described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document.

(C) If the board or supervisory authority imposes the special condition of post-prison supervision described in this paragraph and if at any time during the period of post-prison supervision the victim moves to within three miles of the person’s residence, the board or supervisory authority may not require the person to change the person’s residence in order to comply with the special condition of post-prison supervision.

(4)(a) The board or supervisory authority may require the person to pay, as a condition of post-prison supervision, any compensatory fines, restitution or attorney fees:

(A) As determined, imposed or required by the sentencing court; or

(B) When previously required as a condition of any type of supervision that is later revoked.

(b) The board may require a person to pay restitution as a condition of post-prison supervision imposed for an offense other than the offense for which the restitution was ordered if the person:

(A) Was ordered to pay restitution as a result of another conviction; and

(B) Has not fully paid the restitution by the time the person has completed the period of post-prison supervision imposed for the offense for which the restitution was ordered.

(5) A person’s failure to apply for or accept employment at any workplace where there is a labor dispute in progress does not constitute a violation of the conditions of post-prison supervision. As used in this subsection, “labor dispute” has the meaning given that term in ORS 662.010.

(6)(a) When a person is released from imprisonment on post-prison supervision, the board shall order, as a condition of post-prison supervision, that the person reside for the first six months after release in the county where the person resided at the time of the offense that resulted in the imprisonment.

(b) Upon motion of the board, the person, a victim or a district attorney, the board may waive the residency requirement only after making a finding that one of the following conditions has been met:

(A) The person provides proof of employment with no set ending date in a county other than the established county of residence;

(B) The person is found to pose a significant danger to a victim of the person’s crime, or a victim or victim’s family is found to pose a significant danger to the person residing in the established county of residence;

(C) The person has a spouse or biological or adoptive family residing in a county other than the established county of residence who will be materially significant in aiding in the rehabilitation of the person and in the success of the post-prison supervision;

(D) As another condition of post-prison supervision, the person is required to participate in a treatment program that is not available in the established county of residence;

(E) The person desires to be released to another state; or

(F) The board finds other good cause, of a nature similar to the other conditions listed in this paragraph, for the waiver.

(c)(A) The board shall determine the county where the person resided at the time of the offense by establishing the person’s last address at the time of the offense. In making its determination, the board shall examine all of the following:

(i) An Oregon driver license, regardless of its validity;

(ii) Records maintained by the Department of Revenue;

(iii) Records maintained by the Department of State Police [bureau of criminal identification];

(iv) Records maintained by the Department of Human Services;

(v) Records maintained by the Department of Corrections; and

(vi) Records maintained by the Oregon Health Authority.

(B) When the person did not have an identifiable address of record at the time of the offense, the person is considered to have resided in the county where the offense occurred.

(C) If the person is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction.

(D) In determining the person’s county of residence for purposes of this subsection, the board may not consider offenses committed by the person while the person was incarcerated in a Department of Corrections facility.

(7) As used in this section, “attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 181.594.

SECTION 31. ORS 144.270 is amended to read:

144.270. (1) The State Board of Parole and Post-Prison Supervision, in releasing a person on parole, shall specify in writing the conditions of the parole and a copy of such conditions shall be given to the person paroled.

(2) The board shall determine, and may at any time modify, the conditions of parole, which may include, among other conditions, that the parolee shall:

(a) Accept the parole granted subject to all terms and conditions specified by the board.

(b) Be under the supervision of the Department of Corrections and its representatives and abide by their direction and counsel.

(d) Report to the parole officer as directed by the board or parole officer.

(e) Not own, possess or be in control of any weapon.

(f) Respect and obey all municipal, county, state and federal laws.

(g) Understand that the board may, in its discretion, suspend or revoke parole if it determines that the parole is not in the best interest of the parolee, or in the best interest of society.

(3)(a) The board may establish such special conditions as it determines are necessary because of the individual circumstances of the parolee.

(b) If the person is on parole following conviction of a sex crime, as defined in ORS 181.594, the board shall include all of the following as special conditions of the person’s parole:

(A) Agreement to comply with any curfew set by the board or the supervising officer.

(B) A prohibition against contacting a person under 18 years of age without the prior written approval of the board or supervising officer.

(C) A prohibition against being present more than one time, without the prior written approval of the board or supervising officer, at a place where persons under 18 years of age regularly congregate.

(D) In addition to the prohibition under subparagraph (C) of this paragraph, a prohibition against being present, without the prior written approval of the board or supervising officer, at, or on property adjacent to, a school, child care center, playground or other place intended for use primarily by persons under 18 years of age.

(E) A prohibition against working or volunteering at a school, child care center, park, playground or other place where persons under 18 years of age regularly congregate.

(F) Entry into and completion of or successful discharge from a sex offender treatment program approved by the board or supervising officer. The program may include polygraph and plethysmograph testing. The person is responsible for paying for the treatment program.

(G) A prohibition against any contact with the victim, directly or indirectly, unless approved by the victim, the person’s treatment provider and the board or supervising officer.

(I) Agreement to consent to a search of the person or the vehicle or residence of the person upon the request of a representative of the board if the representative has reasonable grounds to believe that evidence of a violation of a condition of parole will be found.

(K) Maintenance of a driving log and a prohibition against driving a motor vehicle alone unless approved by the board or supervising officer.

(L) A prohibition against using a post-office box unless approved by the board or supervising officer.

(M) A prohibition against residing in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or supervising officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides unless approved by the board or a designee of the board. As soon as practicable, the supervising officer of a person subject to the requirements of this subparagraph shall review the person’s living arrangement with the person’s sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subparagraph:

(i) “Dwelling” has the meaning given that term in ORS 469.160.

(ii) “Dwelling” does not include a residential treatment facility or a halfway house.

(iii) “Halfway house” means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(c)(A) If the person is on parole following conviction of a sex crime, as defined in ORS 181.594, or an assault, as defined in ORS 163.175 or 163.185, and the victim was under 18 years of age, the board, if requested by the victim, shall include as a special condition of the person’s parole that the person not reside within three miles of the victim unless:

(i) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county under subsection (5) of this section;

(ii) The person demonstrates to the board by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

(iii) The person demonstrates to the board by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the parole; or

(B) A victim may request imposition of the special condition of parole described in this paragraph at the time of sentencing in person or through the prosecuting attorney. A victim’s request may be included in the judgment document.

(C) If the board imposes the special condition of parole described in this paragraph and if at any time during the period of parole the victim moves to within three miles of the parolee’s residence, the board may not require the parolee to change the parolee’s residence in order to comply with the special condition of parole.

(4) It is not a cause for revocation of parole that the parolee failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, “labor dispute” has the meaning given that term in ORS 662.010.

(5)(a) When the board grants an inmate parole from the custody of the Department of Corrections, the board shall order, as a condition of parole, that the inmate reside for the first six months in the county where the inmate resided at the time of the offense that resulted in the imprisonment.

(b) Upon motion of the board, an inmate, a victim or a district attorney, the board may waive the residency requirement only after making a finding that one of the following conditions has been met:

(A) The inmate provides proof of a job with no set ending date in a county other than the established county of residence;

(B) The inmate is found to pose a significant danger to the victim of the offender’s crime, or the victim or victim’s family is found to pose a significant danger to the inmate residing in the county of residence;

(C) The inmate has a spouse or biological or adoptive family residing in other than the county of residence who will be materially significant in aiding in the rehabilitation of the offender and in the success of the parole;

(D) As another condition of parole, the inmate is required to participate in a treatment program that is not available or located in the county of residence;

(E) The inmate desires to be paroled to another state; or

(F) The board finds other good cause, of a nature similar to the other conditions listed in this paragraph, for the waiver.

(c)(A) For purposes of this subsection, “residency” means the last address at the time of the offense, as established by an examination of all of the following:

(i) An Oregon driver license, regardless of its validity;

(ii) Records maintained by the Department of Revenue;

(iii) Records maintained by the Department of State Police [bureau of criminal identification];

(iv) Records maintained by the Department of Human Services;

(v) Records maintained by the Department of Corrections; and

(vi) Records maintained by the Oregon Health Authority.

(B) When an inmate did not have one identifiable address of record at the time of the offense, the inmate shall be considered to have resided in the county where the offense occurred.

(C) If the inmate is serving multiple sentences, the county of residence shall be determined according to the date of the last arrest resulting in a conviction.

(D) If the inmate is being rereleased after revocation of parole, the county of residence shall be determined according to the date of the arrest resulting in a conviction of the underlying offense.

(E) In determining the inmate’s county of residence, a conviction for an offense that the inmate committed while incarcerated in a state [corrections] correctional institution may not be considered.

(6) When the board grants an inmate parole from the custody of the Department of Corrections and if the inmate is required to report as a sex offender under ORS 181.595, the board, as a condition of parole, shall order the inmate to report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:

(a) When supervision begins;

(b) Within 10 days of a change in 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.

(7) As used in this section, “attends,” “institution of higher education,” “works” and “carries on a vocation” have the meanings given those terms in ORS 181.594.

NOTE: Section 32 was deleted. Subsequent sections were not renumbered.

SECTION 33. ORS 166.291, as amended by section 7, chapter 826, Oregon Laws 2009, is amended to read:

166.291. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

(a)(A) Is a citizen of the United States; or

(B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

(b) Is at least 21 years of age;

(d) Has no outstanding warrants for arrest;

(e) Is not free on any form of pretrial release;

(f) Demonstrates competence with a handgun by any one of the following:

(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

(E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

(F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

(G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

(g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application;

(i) Has not been committed to the Oregon Health Authority under ORS 426.130;

(j) Has not been found to be mentally ill and is not subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470;

(L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:

(A) The person has been convicted only once of violating ORS 475.864 (3) and has not completed a court-supervised drug diversion program under ORS 135.907; or

(B) The person has completed a court-supervised drug diversion program under ORS 135.907 and has not been convicted of violating ORS 475.864 (3);

(m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738;

(n) Has not received a dishonorable discharge from the Armed Forces of the United States; and

(o) Is not required to register as a sex offender in any state.

(2) A person who has been granted relief under ORS 166.274 or 166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

(3) Before the sheriff may issue a license:

(a) The application must state the applicant’s legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant’s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.

(b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession [from its central bureau of criminal identification] including, but not limited to, manual or computerized criminal offender information.

(4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout [the] this state in substantially the following form:

______________________________________________________________________________

APPLICATION FOR LICENSE TO CARRY

CONCEALED HANDGUN

Date________

I hereby declare as follows:

I am a citizen of the United States or a legal resident alien who can document continuous residency in the county for at least six months and have declared in writing to the United States Citizenship and Immigration Services my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony in the State of Oregon or elsewhere. I have not, within the last four years, been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor. Except as provided in ORS 166.291 (1)(L), I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program. There are no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not been committed to the Oregon Health Authority under ORS 426.130, nor have I been found mentally ill and presently subject to an order prohibiting me from purchasing or possessing a firearm because of mental illness. If any of the previous conditions do apply to me, I have been granted relief or wish to petition for relief from the disability under ORS 166.274 or 166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the records expunged. I am not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I have never received a dishonorable discharge from the Armed Forces of the United States. I am not required to register as a sex offender in any state. I understand I will be fingerprinted and photographed.

Legal name ____________

Age ______ Date of birth ________

Place of birth ____________

Social Security number __________

(Disclosure of your Social Security account number is voluntary. Solicitation of the number is authorized under ORS 166.291. It will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are required, one of which must bear a photograph of the applicant. The type of identification and the number on the identification are to be filled in by the sheriff.):

1.____________

2.____________

Height ____ Weight ____

Hair color ____ Eye color ____

Current address ________

(List residence addresses for the

past three years on the back.)

City ____ County ____ Zip ____

Phone ____

I have read the entire text of this application, and the statements therein are correct and true. (Making false statements on this application is a misdemeanor.)

______________

(Signature of Applicant)

Character references.

______________________

Name Address

______________________

Name Address

Approved ___ Disapproved ___ by ___

Competence with handgun demonstrated

by ____ (to be filled in by sheriff)

Date ____ Fee Paid ____

License No. ____

______________________________________________________________________________

(5)(a) Fees for concealed handgun licenses are:

(A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.

(B) $50 to the sheriff for the issuance or renewal of a concealed handgun license.

(b) The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.

(6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.

(7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.

(8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

(9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:

(a) Has a current Oregon driver license issued to the person showing a residence address in the county;

(b) Is registered to vote in the county and has a memorandum card issued to the person under ORS 247.181 showing a residence address in the county;

(d) Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.

SECTION 34. ORS 166.291, as amended by sections 7 and 10, chapter 826, Oregon Laws 2009, is amended to read: