76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
SA to B-Eng. HB 2710 (A to RC)
LC 1168/HB 2710-B32
SENATE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 2710
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By JOINT COMMITTEE ON WAYS AND MEANS
June 29
On page 1 of the printed B-engrossed bill, line 10, delete the
first 'and' and delete '24,'.
In line 11, after '2010' insert ', section 1, chapter 224,
Oregon Laws 2011 (Enrolled House Bill 2367), section 27, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), section 3,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104), and
section 5, chapter ___, Oregon Laws 2011 (Enrolled House Bill
3075)'.
In line 14, after '2009' insert ', sections 3 and 4, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), sections 2 and
5, chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104), and
section 4, chapter ___, Oregon Laws 2011 (Enrolled House Bill
3075)'.
On page 38, delete lines 35 through 45.
On page 39, delete lines 1 through 37 and insert:
' { + SECTION 92. + } ORS 1.202 is amended to read:
' 1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions in the
judicial branch of state government, shall add a fee of not less
than $50 and not more than $200 to any judgment that includes a
monetary obligation that the court or judicial branch is charged
with collecting. The fee shall cover the cost of establishing and
administering an account for the debtor and shall be added
without further notice to the debtor or further order of the
court. The fee shall be added only if the court gives the
defendant a period of time in which to pay the obligation after
the financial obligation is imposed. Fees under this subsection
shall be deposited in the General Fund.
' (2) All circuit courts and appellate courts of this state,
and all commissions, departments and divisions in the judicial
branch of state government, that use private collection agencies,
the Department of Revenue or an offset of federal tax refunds
pursuant to an agreement entered into under ORS 1.196 shall add a
fee to any judgment referred for collection that includes a
monetary obligation that the state court or the commission,
department or division is charged with collecting. A fee to cover
the costs of collecting judgments referred to the private
collection agency, the Department of Revenue, the United States
Financial Management Service or the Internal Revenue Service
shall be added to the monetary obligation without further notice
to the debtor or further order of the court. The fee may not
exceed the actual costs of collecting the judgment. { - Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204. - }
' (3) The Chief Justice of the Supreme Court may authorize
courts to waive or suspend the fees required to be added to
judgments under this section. Except to the extent authorized by
the Chief Justice, a court may not waive or suspend the fees
required to be added to judgments under this section.
' { + SECTION 92a. + } ORS 1.202, as amended by section 36,
chapter 659, Oregon Laws 2009, is amended to read:
' 1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions in the
judicial branch of state government, shall add a fee of not less
than $50 and not more than { - $100 - } { + $200 + } to any
judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall cover
the cost of establishing and administering an account for the
debtor and shall be added without further notice to the debtor or
further order of the court. The fee shall be added only if the
court gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. Fees under
this subsection shall be deposited in the General Fund.
' (2) All circuit courts and appellate courts of this state,
and all commissions, departments and divisions in the judicial
branch of state government, that use private collection agencies,
the Department of Revenue or an offset of federal tax refunds
pursuant to an agreement entered into under ORS 1.196 shall add a
fee to any judgment referred for collection that includes a
monetary obligation that the state court or the commission,
department or division is charged with collecting. A fee to cover
the costs of collecting judgments referred to the private
collection agency, the Department of Revenue, the United States
Financial Management Service or the Internal Revenue Service
shall be added to the monetary obligation without further notice
to the debtor or further order of the court. The fee may not
exceed the actual costs of collecting the judgment. { - Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204. - }
' (3) The Chief Justice of the Supreme Court may authorize
courts to waive or suspend the fees required to be added to
judgments under this section. Except to the extent authorized by
the Chief Justice, a court may not waive or suspend the fees
required to be added to judgments under this section.'.
On page 67, delete lines 5 through 7 and insert:
' { + NOTE: + } Section 150 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 72, delete lines 34 through 45.
Delete page 73.
On page 74, delete lines 1 through 10 and insert:
' { + SECTION 164. + } Section 26, chapter 659, Oregon Laws
2009, is amended to read:
' { + Sec. 26. + } (1) In addition to the fees provided in
ORS 135.921 and 813.240, upon the filing of a petition for
diversion under ORS 135.909 or 813.210, the court shall order the
defendant to pay $100 to the court as a program administration
fee.
' (2) This section applies only to petitions for diversion
filed on or after October 1, 2009, and before { - July 1,
2011 - } { + January 1, 2012 + }.
' (3) Fees imposed under this section in the circuit court
shall be deposited by the clerk of the court in the
{ - Judicial System Surcharge Account - } { + Criminal Fine
and Assessment Account + }. Fees imposed in a justice court
under this section shall be paid to the county treasurer. Fees
imposed in a municipal court under this section shall be paid to
the city treasurer.
' { - (4) The collections and revenue management program
established under ORS 1.204 may not be reimbursed under ORS 1.204
from fees imposed under this section. - }
' { + SECTION 165. + } ORS 135.921 is amended to read:
' 135.921. (1) The filing fee paid by a defendant at the time
of filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 { - shall be $233 and
shall be ordered paid as follows if the petition is allowed: - }
' { - (a) $123 to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account; and - }
' { - (b) $110 to be distributed as provided for the
disposition of costs under ORS 153.630. - } { + is $335. A fee
collected under this section in the circuit court shall be
deposited by the clerk of the court in the Criminal Fine and
Assessment Account. If the fee is collected in a municipal or
justice court, $125 of the fee shall be forwarded by the court to
the Department of Revenue for deposit in the Criminal Fine and
Assessment Account, and the remainder of the fee shall be paid to
the city or county treasurer. + }
' (2) If less than the { - $233 - } { + full + } filing fee
is { - paid to the court by the defendant under subsection (1)
of this section - } { + collected under this section in a
justice or municipal court + }, the money { - actually - }
received shall be allocated { - in the amounts provided - }
first to the { - State Treasurer and the remainder as provided
for the disposition of costs under ORS 153.630 - } { +
Department of Revenue for deposit in the Criminal Fine and
Assessment Account + }.
' (3) In addition to the filing fee under subsection (1) of
this section, the court shall order the defendant to pay $90
directly to the agency or organization providing the diagnostic
assessment.
' { - (4) The Chief Justice of the Supreme Court may require
that any or all fees distributed by circuit courts under this
section be distributed through the offices of the State Court
Administrator. - }
' { + SECTION 166. + } { + The amendments to ORS 135.921 by
section 165 of this 2011 Act apply only to petitions for
diversion filed on or after January 1, 2012. + }
' { + SECTION 167. + } ORS 813.240 is amended to read:
' 813.240. (1) The filing fee paid by a defendant at the time
of filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 { +
is $363. A fee collected under this subsection in the circuit
court shall be deposited by the clerk of the court in the
Criminal Fine and Assessment Account. If the fee is collected in
a municipal or justice court, $163 of the fee shall be forwarded
by the court to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account, and the remainder of the
fee shall be paid to the city or county treasurer. + }
{ - shall be $261 and shall be ordered paid as follows if the
petition is allowed: - }
' { - (a) $136 to be credited and distributed under ORS
137.295 as an obligation payable to the state; - }
' { - (b) $100 to be treated as provided for disposition of
fines and costs under ORS 153.630; and - }
' { - (c) $25 to be paid to the Director of the Oregon Health
Authority for deposit in the Intoxicated Driver Program Fund
created under ORS 813.270, to be used for purposes of the
fund. - }
' { + (2) If less than the full filing fee is collected under
subsection (1) of this section in a municipal or justice court,
the money received shall be allocated first to the Department of
Revenue for deposit in the Criminal Fine and Assessment
Account. + }
' { - (2) - } { + (3) + } In addition to the filing fee
under subsection (1) of this section, the court shall order the
defendant to pay $150 directly to the agency or organization
providing the diagnostic assessment.
' { + SECTION 168. + } { + The amendments to ORS 813.240 by
section 167 of this 2011 Act apply only to petitions for
diversion filed on or after January 1, 2012. + }
' { + NOTE: + } Section 169 was deleted by amendment.
Subsequent sections were not renumbered.'.
On page 77, line 41, delete ', 160, 167 and 169' and insert '
and 160'.
On page 78, line 1, delete '135.921,'.
In line 2, delete ', 701.133, 813.210, 813.240' and insert '
and 701.133'.
In line 5, delete ', 159, 166, 168 and 170' and insert ' and
159'.
In line 6, delete '21.110,'.
In line 7, delete ', 36.170' and '7,'.
In line 8, delete '107,'.
After line 8, insert:
'
{ + CONFLICT AMENDMENTS + }
' { + SECTION 176. + } Section 1, chapter 224, Oregon Laws
2011 (Enrolled House Bill 2367), is amended to read:
' { + Sec. 1. + } { - If the county governing body has
passed a resolution under ORS 9.840 providing for the operation
of a law library or the provision of law library services, the
county governing body may enter into a contract with a law
library association or other organization for the operation of
the law library or provision of law library services. A county
governing body entering into a contract under this section may
use fees collected and paid to the county under ORS 9.840 to pay
all amounts agreed to under the contract. - }
' { + (1) Each county shall:
' (a) Operate a free law library at a location that is
convenient and available at reasonable hours; or
' (b) Provide free law library services at one or more
locations that are convenient and available at reasonable hours.
' (2) A county governing body may enter into a contract with a
law library association or other organization for the operation
of the law library, or the provision of law library services,
required by this section. + }
' { + SECTION 177. + } { + If Senate Bill 408 becomes law,
section 3, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408) (amending ORS 181.823), is repealed and ORS 181.823, as
amended by section 94 of this 2011 Act, is amended to read: + }
' 181.823. { - (1)(a) - } { + (1) + } { - No sooner than
two years, but no later than five years, after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction over a person required to report
under ORS 181.595, 181.596 or 181.597, the person may file a
petition for relief from the duty to report. The person must file
the petition - } { + A person required to report as a sex
offender under section 1 (1)(a), chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), may file a petition for an order
relieving the person of the duty to report. The person must pay
the filing fee established under section 8 of this 2011 Act. If
the person resides:
' (a) In this state and is required to report under section 1
(2) or (3), chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), the petition must be filed + } in the juvenile court in
which the person was adjudicated for the act that requires
reporting.
{ - The person must pay the filing fee established under
section 8 of this 2011 Act. - }
' { + (b) In another state and is required to report under
section 1 (4), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), the petition must be filed in the juvenile court in
the county in which the person attends school or works.
' (2) If the act giving rise to the obligation to report would
constitute:
' (a) A Class A or Class B felony sex crime if committed by an
adult, the petition may be filed no sooner than two years after
the termination of juvenile court jurisdiction over the person
or, if the person is placed under the jurisdiction of the
Psychiatric Security Review Board, no sooner than two years after
the person is discharged from the jurisdiction of the board.
' (b) A Class C felony sex crime if committed by an adult, the
petition may be filed no sooner than 30 days before the
termination of juvenile court jurisdiction over the person or, if
the person is placed under the jurisdiction of the Psychiatric
Security Review Board, no sooner than 30 days before the person
is discharged from the jurisdiction of the board. + }
' { - (b) - } { + (3)(a) + } The juvenile court in which a
petition under this section is filed may transfer the matter to
the juvenile court of the county that last supervised the person
if the court determines that the convenience of the parties, the
victim and witnesses require the transfer.
' { - (c) - } { + (b) + } The juvenile court has exclusive
original jurisdiction in any proceeding under this section.
' { - (d) - } { + (c) + } The person, the district attorney
and the juvenile department are parties to a hearing on a
petition filed under this section.
' { - (2) When a person files a petition under this section
and the petition was filed: - }
' { - (a) No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction, the state has the burden of
proving by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public. - }
' { - (b) More than three years, but no later than five years,
after the termination of juvenile court jurisdiction or, if the
person was placed under the jurisdiction of the Psychiatric
Security Review Board under ORS 419C.529, board jurisdiction, - }
' { + (4) + } The person { + filing the petition + } has the
burden of proving by clear and convincing evidence that the
person is rehabilitated and does not pose a threat to the safety
of the public.
' { - (3) - } In determining whether { - the state or - }
the person has met the burden of proof { - established in
subsection (2) of this section - } , the juvenile court may
consider but need not be limited to considering:
' (a) The extent and impact of any physical or emotional injury
to the victim;
' (b) The nature of the act that subjected the person to the
duty of reporting as a sex offender;
' (c) Whether the person used or threatened to use force in
committing the act;
' (d) Whether the act was premeditated;
' (e) Whether the person took advantage of a position of
authority or trust in committing the act;
' (f) The age of any victim at the time of the act, the age
difference between any victim and the person and the number of
victims;
' (g) The vulnerability of the victim;
' (h) Other acts committed by the person that would be crimes
if committed by an adult and criminal activities engaged in by
the person before and after the adjudication;
' (i) Statements, documents and recommendations by or on behalf
of the victim or the parents of the victim;
' (j) The person's willingness to accept personal
responsibility for the act and personal accountability for the
consequences of the act;
' (k) The person's ability and efforts to pay the victim's
expenses for counseling and other trauma-related expenses or
other efforts to mitigate the effects of the act;
' (L) Whether the person has participated in and satisfactorily
completed a sex offender treatment program or any other
intervention, and if so the juvenile court may also consider:
' (A) The availability, duration and extent of the treatment
activities;
' (B) Reports and recommendations from the providers of the
treatment;
' (C) The person's compliance with court, board or supervision
requirements regarding treatment; and
' (D) The quality and thoroughness of the treatment program;
' (m) The person's academic and employment history;
' (n) The person's use of drugs or alcohol before and after the
adjudication;
' (o) The person's history of public or private indecency;
' (p) The person's compliance with and success in completing
the terms of supervision;
' (q) The results of psychological examinations of the person;
' (r) The protection afforded the public by the continued
existence of the records; and
' (s) Any other relevant factors.
' { - (4) - } { + (5) + } In a hearing under this section,
the juvenile court may receive testimony, reports and other
evidence without regard to whether the evidence is admissible
under ORS 40.010 to 40.210 and 40.310 to 40.585 if the evidence
is relevant to the determination and findings required under this
section. As used in this subsection, 'relevant evidence' has the
meaning given that term in ORS 40.150.
' { - (5) - } { + (6) + } When a petition is filed under
this section, the state has the right to have a psychosexual
evaluation of the person conducted. The state shall file notice
with the juvenile court of its intention to have the person
evaluated. If the person objects to the evaluator chosen by the
state, the juvenile court for good cause shown may direct the
state to select a different evaluator.
' { - (6) - } { + (7) + } As soon as practicable after a
petition { + + }has been filed under this section, the district
attorney or juvenile department shall make a reasonable effort to
notify the victim of the crime that the person has filed a
petition seeking relief under this section and, if the victim has
requested, to inform the victim of the date, time and place of a
hearing on the petition in advance of the hearing.
' { - (7)(a) - } { + (8)(a) + } { - When a petition has
been filed under this section and the petition was - } { + When
a petition filed under this section is + } filed:
' (A) { - No later than three years after the termination of
juvenile court jurisdiction or, if the person was placed under
the jurisdiction of the Psychiatric Security Review Board under
ORS 419C.529, board jurisdiction, - } { + While the person is
under the jurisdiction of the juvenile court or the Psychiatric
Security Review Board or less than three years after the date the
jurisdiction is terminated, + } the court shall hold a hearing
{ - on the petition - } { + + }no sooner than 60 days and no
later than 120 days after the date of filing.
' (B) { - More than three years, but no later than five
years, after the termination of juvenile court jurisdiction or,
if the person was placed under the jurisdiction of the
Psychiatric Security Review Board under ORS 419C.529, board
jurisdiction, - } { + Three years or more after the date the
juvenile court or board jurisdiction is terminated, + } the court
shall hold a hearing no sooner than 90 days and no later than 150
days after the date of filing.
' (b) Notwithstanding paragraph (a) of this subsection, upon a
showing of good cause, the court may extend the period of time in
which a hearing on the petition must be held.
' { - (8) - } { + (9)(a) + } { - When the state has the
burden of proof under subsection (2) of this section and proves
by clear and convincing evidence that the person is not
rehabilitated and continues to pose a threat to the safety of the
public, the court shall deny the petition. When the person has
the burden of proof under subsection (2) of this section and - }
{ + When the person + } proves by clear and convincing evidence
that the person is rehabilitated and does not pose a threat to
the safety of the public, the court shall grant the petition.
' { + (b) Notwithstanding paragraph (a) of this subsection,
the court may not grant a petition filed under this section
before the date the juvenile court or board jurisdiction over the
person is terminated. + }
' { - (9) - } { + (10) + } When a juvenile court enters an
order relieving a person of the requirement to report under
{ - ORS 181.595, 181.596 or 181.597 - } { + section 1, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408) + }, the person
shall send a certified copy of the juvenile court order to the
Department of State Police.
' { - (10) - } { + (11) + } If a person commits an act that
could be charged as a sex crime listed in ORS 137.707 and the
person is 15, 16 or 17 years of age at the time the act is
committed, the state and the person may stipulate that the person
may not petition for relief under this section as part of an
agreement that the person be subject to the jurisdiction of the
juvenile court rather than being prosecuted as an adult under ORS
137.707.
' { + (12) When a petition is filed under subsection (2)(b)
of this section before the termination of juvenile court or board
jurisdiction, if the person, or the parent or guardian of the
person if the person is less than 18 years of age, requests
counsel and is without sufficient financial means to employ
suitable counsel to represent the person, for purposes of the
petition described in this section, the court shall appoint
suitable counsel to represent the person. Appointment of counsel
under this subsection is subject to ORS 419C.200, 419C.203,
419C.206 and 419C.209. + }
' { + SECTION 178. + } { + If Senate Bill 408 becomes law,
section 4, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408) (amending ORS 181.826), is repealed and ORS 181.826, as
amended by section 95 of this 2011 Act, is amended to read: + }
' 181.826. (1) Except as provided in subsection { - (6) - }
{ + (7) + } of this section, { - when a person is required to
report under ORS 181.595, 181.596 or 181.597 as a result of
having been found in a juvenile adjudication in 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, the person may file a petition in the
circuit court of the county in which the person resides for - }
{ + a person required to report under section 1 (1)(b), chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), may file a
petition in the juvenile court for + } an order relieving the
person of the duty to report.
{ - The person must pay the filing fee established under
section 8 of this 2011 Act. A petition may be filed under this
section only if: - } { + The person must pay the filing fee
established under section 8 of this 2011 Act. If the person
resides: + }
' (a) { - The person has been registered as a sex offender in
this state for at least two years; - } { + In this state and is
required to report under section 1 (2) or (3), chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), the petition must be
filed in the juvenile court of the county in which the person
resides. + }
' (b) { - At least two years, but not more than five years,
have elapsed since the termination of supervision on probation or
parole; and - } { + In another state and is required to report
under section 1 (4), chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), the petition must be filed in the juvenile
court of the county in which the person attends school or works.
' (2) If the act giving rise to the obligation to report would
constitute:
' (a) A Class A or Class B felony sex crime if committed in
this state by an adult, the petition may be filed no sooner than
two years after the termination of the other United States
court's jurisdiction over the person.
' (b) A Class C felony sex crime if committed in this state by
an adult, the petition may be filed no sooner than 30 days before
the termination of the other United States court's jurisdiction
over the person. + }
' { - (c) - } { + (3) + } The person { - submits - }
{ + filing the petition must submit + } with the petition all
releases and waivers necessary to allow the district attorney for
the county in which the petition is filed to obtain the following
documents from the jurisdiction in which the person was
adjudicated for the act for which reporting is required:
' { - (A) - } { + (a) + } The juvenile court petition;
' { - (B) - } { + (b) + } The dispositional report to the
court;
' { - (C) - } { + (c) + } The order of adjudication or
jurisdiction;
' { - (D) - } { + (d) + } Any other relevant court
documents;
' { - (E) - } { + (e) + } The police report relating to the
act for which reporting is required;
' { - (F) - } { + (f) + } The order terminating jurisdiction
for the act for which reporting is required; and
' { - (G) - } { + (g) + } The evaluation and treatment
records or reports of the person that are related to the act for
which reporting is required.
' { - (2) - } { + (4) + } A person filing a petition under
this section has the burden of proving by clear and convincing
evidence that the person is rehabilitated and does not pose a
threat to the safety of the public.
' { - (3) - } { + (5) + } Unless the court finds good cause
for a continuance, the court shall hold a hearing on the petition
no sooner than 90 days and no later than 150 days after the date
the petition is filed.
' { - (4) Notwithstanding subsection (1)(b) of this section,
if a person has not been registered as a sex offender in this
state for two years until more than five years have elapsed since
the termination of supervision on probation or parole, the person
may file a petition seeking relief under this section if the
person files the petition no later than 90 days after the date on
which the person has been registered as a sex offender in this
state for two years. - }
' { - (5) - } { + (6) + } If a person who files a petition
under this section is required to report as a sex offender for
having committed an act that if committed in this state could
have subjected the person to prosecution as an adult under ORS
137.707, the court may not grant the petition notwithstanding the
fact that the person has met the burden of proof established in
subsection
{ - (2) - } { + (4) + } of this section unless the court
determines that to do so is in the interest of public safety.
' { - (6) - } { + (7) + } This section does not apply to a
person who is required to register as a sex offender for life in
the jurisdiction in which the offense occurred.
' { - (7) - } { + (8) + } In a hearing under this section,
the court may receive testimony, reports and other evidence
without regard to whether the evidence is admissible under ORS
40.010 to 40.210 and 40.310 to 40.585 if the evidence is relevant
to the determination and findings required under this section. As
used in this subsection, 'relevant evidence' has the meaning
given that term in ORS 40.150.
' { - (8) - } { + (9) + } If the court is satisfied by clear
and convincing evidence that the person is rehabilitated and that
the person does not pose a threat to the safety of the public,
the court shall enter an order relieving the person of the duty
to report. When the court enters an order under this subsection,
the person shall send a certified copy of the court order to the
Department of State Police.
' { + SECTION 179. + } If Senate Bill 68 and House Bill 3204
do not become law, section 27, chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), is amended to read:
' { + Sec. 27. + } (1) Sections 1 and 2 { - of this 2011
Act - } { + , chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), + } and the amendments to ORS 93.275, 181.589,
181.590, 181.592, 181.594, 181.595, 181.596, 181.597, 181.598,
181.599, 181.602, 181.604, 181.606, 181.820, 181.823, 181.826,
181.830, 181.875, 417.042 and 696.880 by sections { - 3, 4
and - } 7 to 24 { - of this 2011 Act - } { + , chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), + } { + and
sections 177 and 178 of this 2011 Act + } become operative on
January 1, 2012.
' (2) Sections 1 and 2 { - of this 2011 Act - } { + ,
chapter 271, Oregon Laws 2011 (Enrolled Senate Bill 408), + } and
the amendments to ORS 21.110, 93.275, 181.589, 181.590, 181.592,
181.594, 181.595, 181.596, 181.597, 181.598, 181.599, 181.602,
181.604, 181.606, 181.820, 181.823, 181.826, 181.830, 181.875,
417.042 and 696.880 by sections { - 3 - } { + 5 + } to 24
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), and sections 177 and 178 of this 2011
Act + } apply to persons adjudicated before, on or after
{ - the effective date of this 2011 Act - } { + June 7,
2011 + }.
' (3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
sections 11, 12 and 13 { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, would be required to make an
initial report as a sex offender on or after January 1, 2012,
shall make an initial report that complies with section 1 (6)
{ - of this 2011 Act - } { + , chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) + }, no later than the date described
in section 1 (2) { - of this 2011 Act - } { + , chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408) + }, as applicable.
' { + SECTION 180. + } If Senate Bill 68 becomes law and
House Bill 3204 does not become law, section 27, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), as amended by
section 36b, chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
68), is amended to read:
' { + Sec. 27. + } (1) Sections 1 and 2, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and the amendments to ORS
93.275, 181.589, 181.590, 181.592, 181.594, 181.595, 181.596,
181.597, 181.598, 181.599, 181.602, 181.604, 181.606, 181.820,
181.823, 181.826, 181.830, 181.875, 417.042 and 696.880 by
sections { - 3, 4, - } 7 to 11 and 13 to 24, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
section 36a { - of this 2011 Act - } { + , chapter ___, Oregon
Laws 2011 (Enrolled Senate Bill 68), and sections 177 and 178 of
this 2011 Act + } become operative on January 1, 2012.
' (2) Sections 1 and 2, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and the amendments to ORS 21.110, 93.275,
181.589, 181.590, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.602, 181.604, 181.606, 181.820, 181.823,
181.826, 181.830, 181.875, 417.042 and 696.880 by sections
{ - 3 - } { + 5 + } to 11 and 13 to 24, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), { - and - } section 36a
{ - of this 2011 Act - } { + , chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 68), and sections 177 and 178 of this 2011
Act + } apply to persons adjudicated before, on or after
{ - the effective date of chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408) - } { + June 7, 2011 + }.
' (3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
sections 11 and 13, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and section 36a { - of this 2011 Act - }
{ + , chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
68) + }, would be required to make an initial report as a sex
offender on or after January 1, 2012, shall make an initial
report that complies with section 1 (6), chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408), no later than the date described
in section 1 (2), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), as applicable.
' { + SECTION 181. + } If Senate Bill 68 does not become law
and House Bill 3204 becomes law, section 27, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), as amended by section 9,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 3204), is
amended to read:
' { + Sec. 27. + } (1) Sections 1 and 2, chapter 271, Oregon
Laws 2011 (Enrolled Senate Bill 408), and the amendments to ORS
93.275, 181.589, 181.590, 181.592, 181.594, 181.595, 181.596,
181.597, 181.598, 181.599, 181.602, 181.604, 181.606, 181.820,
181.823, 181.826, 181.830, 181.875, 417.042 and 696.880 by
sections { - 3, 4, - } 7 to 10, 13, 14 and 16 to 24, chapter
271, Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
sections 6 to 8 { - of this 2011 Act - } { + , chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3204), and sections 177 and
178 of this 2011 Act + } become operative on January 1, 2012.
' (2) Sections 1 and 2, chapter 271, Oregon Laws 2011 (Enrolled
Senate Bill 408), and the amendments to ORS 21.110, 93.275,
181.589, 181.590, 181.592, 181.594, 181.595, 181.596, 181.597,
181.598, 181.599, 181.602, 181.604, 181.606, 181.820, 181.823,
181.826, 181.830, 181.875, 417.042 and 696.880 by sections
{ - 3 - } { + 5 + } to 10, 13, 14 and 16 to 24, chapter 271,
Oregon Laws 2011 (Enrolled Senate Bill 408), { - and - }
sections 6 to 8 { - of this 2011 Act - } { + , chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3204), and sections 177 and
178 of this 2011 Act + } apply to persons adjudicated before, on
or after { - the effective date of chapter 271, Oregon Laws
2011 (Enrolled Senate Bill 408) - } { + June 7, 2011 + }.
' (3) A person who is adjudicated before January 1, 2012, and,
but for the amendments to ORS 181.595, 181.596 and 181.597 by
section 13, chapter 271, Oregon Laws 2011 (Enrolled Senate Bill
408), and sections 6 and 7 { - of this 2011 Act - } { + ,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 3204) + },
would be required to make an initial report as a sex offender on
or after January 1, 2012, shall make an initial report that
complies with section 1 (6), chapter 271, Oregon Laws 2011
(Enrolled Senate Bill 408), no later than the date described in
section 1 (2), chapter 271, Oregon Laws 2011 (Enrolled Senate
Bill 408), as applicable.
' { + SECTION 182. + } { + If House Bill 3075 becomes law
and House Bill 2104 does not become law, section 4, chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3075) (amending ORS
813.240), is repealed. + }
' { + SECTION 183. + } If House Bill 3075 becomes law and
House Bill 2104 does not become law, section 5, chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3075), is amended to read:
' { + Sec. 5. + } The amendments to ORS 813.030 { - ,
813.240 - } and 813.602 by sections 2 { - to 4 of this 2011
Act - } { + and 3, chapter ___, Oregon Laws 2011 (Enrolled
House Bill 3075), + }apply to offenses that occur on or after
the effective date of { - this 2011 Act - } { + chapter ___,
Oregon Laws 2011 (Enrolled House Bill 3075) + }.
' { + SECTION 184. + } { + If House Bill 3075 does not
become law and House Bill 2104 becomes law, section 2, chapter
___, Oregon Laws 2011 (Enrolled House Bill 2104) (amending ORS
813.240), is repealed. + }
' { + SECTION 185. + } If House Bill 3075 does not become law
and House Bill 2104 becomes law, section 3, chapter ___, Oregon
Laws 2011 (Enrolled House Bill 2104), is amended to read:
' { + Sec. 3. + } The amendments to ORS 813.030 { - and
813.240 by sections 1 and 2 of this 2011 Act - } { + by section
1, chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104),
+ }apply to persons convicted of driving while under the
influence of intoxicants on or after the effective date of
{ - this 2011 Act - } { + chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104), + }and to persons who file a
petition for a driving while under the influence of intoxicants
diversion agreement on or after the effective date of { - this
2011 Act - } { + chapter ___, Oregon Laws 2011 (Enrolled House
Bill 2104) + }.
' { + SECTION 186. + } { + If both House Bill 3075 and House
Bill 2104 become law, sections 2 and 5, chapter ___, Oregon Laws
2011 (Enrolled House Bill 2104) (both amending ORS 813.240), are
repealed and ORS 813.240, as amended by section 167 of this 2011
Act, is amended to read: + }
' 813.240. (1) The filing fee paid by a defendant at the time
of filing a petition for a driving while under the influence of
intoxicants diversion agreement as provided in ORS 813.210 is
{ - $363 - } { + $386 + }. A fee collected under this
subsection in the circuit court shall be deposited by the clerk
of the court in the Criminal Fine and Assessment Account. If the
fee is collected in a municipal or justice court, $163 of the fee
shall be forwarded by the court to the Department of Revenue for
deposit in the Criminal Fine and Assessment Account, and the
remainder of the fee shall be paid to the city or county
treasurer.
' (2) If less than the full filing fee is collected under
subsection (1) of this section in a municipal or justice court,
the money received shall be allocated first to the Department of
Revenue for deposit in the Criminal Fine and Assessment Account.
' (3) In addition to the filing fee under subsection (1) of
this section, the court shall order the defendant to pay $150
directly to the agency or organization providing the diagnostic
assessment.
' { + SECTION 187. + } If both House Bill 3075 and House Bill
2104 become law, section 3, chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104), as amended by section 6, chapter ___,
Oregon Laws 2011 (Enrolled House Bill 2104), is amended to read:
' { + Sec. 3. + } The amendments to ORS 813.030 and 813.240
by
{ - sections 4 and 5 of this 2011 Act - } { + section 4,
chapter ___, Oregon Laws 2011 (Enrolled House Bill 2104), and
section 186 of this 2011 Act + } apply to persons convicted of
driving while under the influence of intoxicants on or after the
effective date of { - this 2011 Act - } { + chapter ___,
Oregon Laws 2011 (Enrolled House Bill 2104), + }and to persons
who file a petition for a driving while under the influence of
intoxicants diversion agreement on or after the effective date of
{ - this 2011 Act - } { + chapter ___, Oregon Laws 2011
(Enrolled House Bill 2104) + }.'.
In line 12, delete '176' and insert '188'.
In line 18, delete '177' and insert '189'.
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