68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2765
House Bill 2692
Sponsored by Representative PARKS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates crime of encouraging child sexual abuse in first
degree. Punishes by maximum 10 years' imprisonment, $200,000
fine, or both. Creates crime of encouraging child sexual abuse in
second degree. Punishes by maximum five years' imprisonment,
$100,000 fine, or both.
A BILL FOR AN ACT
Relating to child pornography; creating new provisions; amending
ORS 131.125, 137.225, 163.665, 163.676, 163.690, 163.695,
166.715, 181.517, 181.662, 342.143 and 342.175; and repealing
ORS 163.672, 163.673, 163.677 and 163.680.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this Act are added to and
made a part of ORS 163.670 to 163.695. + }
SECTION 2. { + (1) A person commits the crime of encouraging
child sexual abuse in the first degree if the person:
(a)(A) Knowingly develops, duplicates, publishes, prints,
disseminates, exchanges, displays, finances, attempts to finance
or sells any photograph, motion picture, videotape or other
visual recording of sexually explicit conduct involving a child
or possesses such matter with the intent to develop, duplicate,
publish, print, disseminate, exchange, display or sell it; or
(B) Knowingly brings into this state, or causes to be brought
or sent into this state, for sale or distribution, any
photograph, motion picture, videotape or other visual recording
of sexually explicit conduct involving a child; and
(b) Knows or should have known that creation of the visual
recording of sexually explicit conduct involved child abuse.
(2) Encouraging child sexual abuse in the first degree is a
Class B felony. + }
SECTION 3. { + (1) A person commits the crime of encouraging
child sexual abuse in the second degree if the person:
(a)(A)(i) Knowingly possesses or controls any photograph,
motion picture, videotape or other visual recording of sexually
explicit conduct involving a child; or
(ii) Pays, exchanges or gives anything of value to obtain or
view a photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child; and
(B) Knows or should have known that creation of the visual
recording of sexually explicit conduct involved child abuse; or
(b) Pays, exchanges or gives anything of value to observe
sexually explicit conduct by a child or knowingly observes, for
the purpose of arousing or gratifying the sexual desire of the
person, sexually explicit conduct by a child.
(2) Encouraging child sexual abuse in the second degree is a
Class C felony. + }
SECTION 4. ORS 163.665 is amended to read:
163.665. As used in ORS 163.670 to 163.695:
(1) 'Child' means a person who is less than 18 years of age,
and any reference to a child in relation to a photograph, motion
picture, videotape or other visual recording of the child is a
reference to a person who was less than 18 years of age at the
time the original image in the photograph, motion picture,
videotape or other visual recording was created and not the age
of the person at the time of an alleged offense relating to the
subsequent reproduction, use or possession of the visual
recording.
{ + (2) 'Child abuse' means conduct that constitutes, or
would constitute if committed in this state, a crime in which the
victim is a child. + }
{ - (2) - } { + (3) + } 'Sexually explicit conduct' means
actual or simulated:
(a) Sexual intercourse or deviant sexual intercourse;
(b) Genital-genital, oral-genital, anal-genital or oral-anal
contact, whether between persons of the same or opposite sex or
between humans and animals;
(c) Penetration of the vagina or rectum by any object other
than as part of a medical diagnosis or treatment or as part of a
personal hygiene practice;
(d) Masturbation;
(e) Sadistic or masochistic abuse; or
(f) Lewd exhibition of the genitals or anus.
SECTION 5. ORS 163.676 is amended to read:
163.676. (1) No employee is liable to prosecution under
{ - ORS 163.673 - } { + section 2 of this 1995 Act + } or
under any city or home rule county ordinance for exhibiting or
possessing with intent to exhibit any obscene matter or
performance provided the employee is acting within the scope of
regular employment at a showing open to the public.
(2) As used in this section, 'employee' means any person
regularly employed by the owner or operator of a motion picture
theater if the person has no financial interest other than salary
or wages in the ownership or operation of the motion picture
theater, no financial interest in or control over the selection
of the motion pictures shown in the theater, and is working
within the motion picture theater where the person is regularly
employed, but does not include a manager of the motion picture
theater.
SECTION 6. ORS 163.690 is amended to read:
163.690. It is an affirmative defense to any prosecution under
ORS { - 163.672, 163.673, 163.677, 163.680 and - } 163.693
{ + or section 2 or 3 of this 1995 Act + } that the defendant,
at the time of engaging in the conduct prohibited therein, did
not know and did not have reason to know that the relevant
sexually explicit conduct involved a child.
SECTION 7. ORS 163.695 is amended to read:
163.695. (1) The following materials shall be forfeited to the
state in the same manner and with like effect as provided in ORS
471.660 and 471.665:
(a) Any photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child.
(b) All raw materials, equipment and other tangible personal
property of any kind used or intended to be used to manufacture
or process any photograph, motion picture, videotape or other
visual recording of sexually explicit conduct involving a child.
(c) All conveyances, including aircraft, boats, vehicles or
vessels that are used or intended to be used by or with the
knowledge of the owner, operator or person in charge thereof to
transport or in any way to facilitate the transportation of a
visual recording dealt with, transported or possessed in
violation of { - ORS 163.673 or 163.677 - } { + section 2 or
3 of this 1995 Act + }.
(2) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section unless it appears that the owner or
other person in charge of the conveyance is a consenting party or
privy to the violation of { - ORS 163.673 or 163.677 - } { +
section 2 or 3 of this 1995 Act + }.
SECTION 8. ORS 131.125 is amended to read:
131.125. (1) A prosecution for murder or manslaughter may be
commenced at any time after the death of the person killed.
(2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 24 years of age or within six
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Criminal mistreatment in the first degree under ORS
163.205.
(b) Rape in the third degree under ORS 163.355.
(c) Rape in the second degree under ORS 163.365.
(d) Rape in the first degree under ORS 163.375.
(e) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Sodomy in the first degree under ORS 163.405.
(h) Unlawful sexual penetration in the second degree under ORS
163.408.
(i) Unlawful sexual penetration in the first degree under ORS
163.411.
(j) Sexual abuse in the second degree under ORS 163.425.
(k) Sexual abuse in the first degree under ORS 163.427.
(L) Using a child in a display of sexual conduct under ORS
163.670.
(m) { - Dealing in depictions of a child's sexual conduct
under ORS 163.673. - } { + Encouraging child sexual abuse in
the first degree under section 2 of this 1995 Act. + }
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS 167.012.
(p) Compelling prostitution under ORS 167.017.
(3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Sexual abuse in the third degree under ORS 163.415.
(b) Furnishing obscene materials to minors under ORS 167.065.
(c) Sending obscene materials to minors under ORS 167.070.
(d) Exhibiting an obscene performance to a minor under ORS
167.075.
(e) Displaying obscene materials to minors under ORS 167.080.
(4) In the case of crimes described in subsection (2)(L) of
this section, the 'victim' is the child engaged in sexual
conduct. In the case of the crime described in subsection (2)(n)
of this section, the 'victim' is the party to the incest other
than the party being prosecuted. In the case of crimes described
in subsection (2)(o) and (p) of this section, the 'victim' is the
child whose acts of prostitution are promoted or compelled.
(5) Except as provided in subsection (6) of this section or as
otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(6) If the period prescribed in subsection (5) of this section
has expired, a prosecution nevertheless may be commenced as
follows:
(a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years; or
(b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years.
SECTION 9. 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 wherein that 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 which would have jurisdiction over
the crime for which the person was arrested, for entry of an
order setting aside the record of such 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
state shall not be included.
(2) 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 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.
(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. Except as otherwise provided in subsection (11)
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 which 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 and further identified as to state
bureau number or submitting agency number. Upon the entry of such
an 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 such an order, such conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to their
occurrence.
(5) The provisions of (1)(a) of this section apply to a
conviction of:
(a) A Class C felony, except for the following crimes when they
would constitute child abuse as defined in ORS 419B.005:
(A) Criminal mistreatment in the first degree under ORS
163.205;
(B) Rape in the third degree under ORS 163.355;
(C) Sodomy in the third degree under ORS 163.385;
(D) Sexual abuse in the second degree under ORS 163.425; and
(E) Promoting prostitution under ORS 167.012.
(b) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
(c) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for the following crimes when
they would constitute child abuse as defined in ORS 419B.005:
(A) Criminal mistreatment in the first degree under ORS
163.205;
(B) Rape in the third degree under ORS 163.355;
(C) Sodomy in the third degree under ORS 163.385;
(D) Sexual abuse in the second degree under ORS 163.425;
(E) Promoting prostitution under ORS 167.012; and
(F) 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
the following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(A) Sexual abuse in the third degree under ORS 163.415; and
(B) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(e) A violation, whether under state law or local ordinance.
(f) An offense committed before January 1, 1972, which if
committed after that date would be:
(A) A Class C felony, except 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;
(ii) Rape in the third degree under ORS 163.355;
(iii) Sodomy in the third degree under ORS 163.385;
(iv) Sexual abuse in the second degree under ORS 163.425;
(v) Promoting prostitution under ORS 167.012; and
(vi) 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 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;
(ii) Rape in the third degree under ORS 163.355;
(iii) Sodomy in the third degree under ORS 163.385;
(iv) Sexual abuse in the second degree under ORS 163.425;
(v) Promoting prostitution under ORS 167.012; and
(vi) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(C) A misdemeanor, except for the following crimes when they
would constitute child abuse as defined in ORS 419B.005:
(i) Sexual abuse in the third degree under ORS 163.415; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(D) A violation.
(6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
(a) A person convicted of, or arrested 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 which 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; or
(d) A person convicted of sexual exploitation of a child under
ORS 163.670, dealing in depictions of a child's sexual conduct
under ORS 163.673 { + (1993 Edition), + } { - or - }
transporting child pornography into Oregon under ORS 163.677 { +
(1993 Edition) or encouraging child sexual abuse in the first
degree under section 2 of this 1995 Act + }.
(7) The provisions of subsection (1)(b) of this section do not
apply to 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.
(8) The provisions of subsection (1) of this section apply to
convictions and arrests which occurred before, as well as those
which occurred after, September 9, 1971. There shall be no time
limit for making such application.
(9) 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 shall 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.
(10) 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 shall have no
other effect on the orders setting aside the conviction or the
arrest record.
(11) 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.
(c) Assault in the third degree, ORS 163.165.
(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.
(h) Intimidation in the first degree, ORS 166.165.
(i) Attempted kidnapping in the second degree, ORS 163.225.
(j) Criminally negligent homicide, ORS 163.145.
(k) Attempted compelling prostitution, ORS 167.017.
(L) Promoting prostitution, ORS 167.012.
(m) Attempted rape in the second degree, ORS 163.365.
(n) Rape in the third degree, ORS 163.355.
(o) Attempted robbery in the second degree, ORS 164.405.
(p) Robbery in the third degree, ORS 164.395.
(q) Sexual abuse in the second degree, ORS 163.425.
(r) Attempted sodomy in the second degree, ORS 163.395.
(s) Sodomy in the third degree, ORS 163.385.
(t) Supplying contraband, ORS 162.185.
(u) Unlawful use of a weapon, ORS 166.220.
SECTION 10. ORS 166.715 is amended to read:
166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
(1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
(2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(3) 'Investigative agency' means the Department of Justice or
any district attorney.
(4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
(6) 'Racketeering activity' means to commit, to attempt to
commit, to conspire to commit, or to solicit, coerce or
intimidate another person to commit:
(a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.660 to 59.830, 59.991 and 59.995,
relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
(D) ORS 162.405 to 162.425, relating to abuse of public office;
(E) ORS 162.465, relating to interference with legislative
operation;
(F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to assault and related
offenses;
(H) ORS 163.225 and 163.235, relating to kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to { - 163.680 - } { + 163.695 + },
relating to sexual conduct of children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.125, 164.135, 164.140, 164.215, 164.225 and 164.245
to 164.270, relating to theft, burglary, criminal trespass and
related offenses;
(L) ORS 164.315 to 164.335, relating to arson and related
offenses;
(M) ORS 164.345 to 164.365, relating to criminal mischief;
(N) ORS 164.395 to 164.415, relating to robbery;
(O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
(R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
(S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.062 to 167.080, 167.087, 167.090,
167.122 to 167.137, 167.147, 167.164, 167.212, 167.355, 167.365
and 167.370, relating to prostitution, obscenity, gambling,
computer crimes involving the Oregon State Lottery, animal
fighting and related offenses;
(U) ORS 171.990, relating to legislative witnesses;
(V) ORS 260.575 and 260.665, relating to election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS chapter 323, relating to cigarette taxes;
(Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
(Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
(AA) ORS 463.995, relating to boxing and wrestling, as defined
in ORS 463.015;
(BB) ORS 471.205, 471.215 to 471.289, 471.305, 471.335 to
471.345, 471.360, 471.405, 471.415, 471.425, 471.445 to 471.455,
471.460, 471.465, 471.470, 471.485, 471.490, 471.675 and 472.310,
relating to alcoholic liquor;
(CC) ORS 430.400, 475.005 to 475.285 and 475.940 to 475.995,
relating to controlled substances;
(DD) ORS 480.070, 480.210, 480.215 and 480.235 to 480.265,
relating to explosives;
(EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
(GG) ORS chapter 706, relating to banking law administration;
(HH) ORS chapter 708, relating to banks and trusts;
(II) ORS chapter 714, relating to branch banking;
(JJ) ORS chapter 716, relating to mutual savings banks;
(KK) ORS chapter 723, relating to credit unions;
(LL) ORS chapter 726, relating to pawnbrokers;
(MM) ORS 166.382 and 166.384, relating to destructive devices;
(NN) ORS 165.074;
(OO) ORS 59.840 to 59.960, relating to mortgage bankers and
mortgage brokers; or
(PP) ORS chapter 496, 497 or 498, relating to wildlife.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. �1961 (1)(B), (C) and (D).
(7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.117 to 167.164, relating to gambling; or
(C) ORS 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
SECTION 11. ORS 181.517 is amended to read:
181.517. As used in ORS 181.518 and 181.519:
(1) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order. 'Correctional facility '
does not include a juvenile facility, and applies to a state
hospital only as to persons detained therein charged with or
convicted of a crime, or detained therein after being found
guilty except for insanity under ORS 161.290 to 161.370.
(2) 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) { - Dealing in depictions of a child's sexual conduct - }
{ + Encouraging child sexual abuse in the first degree + };
(h) Transporting child pornography into the state;
(i) Paying for viewing a child's sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution; or
(L) Any attempt to commit any of the crimes set forth in
paragraphs (a) to (k) of this subsection.
SECTION 12. { + Nothing in the amendments to ORS 181.517 by
section 11 of this Act affects the provisions of section 8,
chapter 389, Oregon Laws 1991. + }
SECTION 13. ORS 181.662 is amended to read:
181.662. (1) The Board { + on Public Safety Standards and
Training + } may deny or revoke the certification of any police
officer, corrections officer, parole and probation officer,
telecommunicator or emergency medical dispatcher after written
notice and hearing, based upon a finding that:
(a) The officer, telecommunicator or emergency medical
dispatcher falsified any information submitted on the application
for certification or on any documents submitted to the board.
(b) The officer, telecommunicator or emergency medical
dispatcher has been convicted of a crime in this state or any
other jurisdiction.
(2) The board may deny or revoke the accreditation of any fire
service professional after written notice and hearing, based upon
a finding that:
(a) The fire service professional falsified any information
submitted on the application for accreditation or on any
documents submitted to the board; or
(b) The fire service professional has been discharged for cause
from employment in the fire service.
(3) The board shall deny or revoke the certification of any
police officer, corrections officer, parole and probation
officer, telecommunicator or emergency medical dispatcher after
written notice and hearing, based upon a finding that:
(a) The officer, telecommunicator or emergency medical
dispatcher has been discharged for cause from employment as a
police officer, corrections officer, parole and probation
officer, telecommunicator or emergency medical dispatcher.
(b) The officer, telecommunicator or emergency medical
dispatcher has been convicted while employed by a law enforcement
unit or public or private safety agency in this state or any
other jurisdiction of a crime designated under the law where the
conviction occurred as being punishable as a felony or as a crime
for which a maximum term of imprisonment of more than one year
may be imposed.
(c) The officer, telecommunicator or emergency medical
dispatcher has been convicted of violating any law of this state
or any other jurisdiction involving the unlawful use, possession,
delivery or manufacture of a controlled substance, narcotic or
dangerous drug.
(d) The officer, telecommunicator or emergency medical
dispatcher has been convicted in this state of violating ORS
162.065, 162.075, 162.085, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.575, 163.670,
163.675 (1985 Replacement Part), 163.680 { + (1993 Edition) + },
167.007, 167.012, 167.017, 167.065, 167.070, 167.075 or
167.080 { + or section 2 or 3 of this 1995 Act + } or has been
convicted of violating the statutory counterpart of any of those
offenses in any other jurisdiction.
SECTION 14. ORS 342.143 is amended to read:
342.143. (1) No teaching or administrative license shall be
issued to any person until the person has attained the age of 18
years and has furnished satisfactory evidence of proper
educational training.
(2) The Teacher Standards and Practices Commission may also
require an applicant for a teaching or administrative license to
furnish evidence satisfactory to the commission of good moral
character, mental and physical health, and such other evidence as
it may deem necessary to establish the applicant's fitness to
serve as a teacher.
(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section and
notwithstanding ORS 670.280:
(a) No teaching or administrative license shall be issued to
any person who after August 20, 1957, has been convicted of a
crime listed in ORS 163.355, 163.365, 163.375, 163.385, 163.395,
163.405, 163.415, 163.425, 163.427, 163.435, 163.445, 163.455
(1981 Replacement Part), 163.465, 163.515, 163.525, 163.575,
167.007, 167.012, 167.017, 167.065, 167.070, 167.075 or 167.080
or after July 8, 1987, has been convicted of a crime listed in
ORS 163.408, 163.411, 163.670, 163.675 (1985 Replacement Part),
163.680 { + (1993 Edition) + }, 167.062, 167.087 or 167.090 { +
or section 2 or 3 of this 1995 Act + }.
(b) The Teacher Standards and Practices Commission may refuse
to issue a license to any person who has been convicted of a
crime involving the illegal use, sale or possession of controlled
substances.
(4) In denying the issuance of a license under this section,
the commission shall follow the procedure set forth in ORS
342.176 and 342.177.
SECTION 15. ORS 342.175 is amended to read:
342.175. (1) The Teacher Standards and Practices Commission may
suspend or revoke the license of a teacher or administrator,
discipline a teacher or administrator or suspend or revoke the
right of any person to apply for a license if the person has held
a license at any time within five years prior to issuance of the
notice of charges under ORS 342.176 based on the following:
(a) Conviction of a crime not listed in subsection (2) of this
section;
(b) Gross neglect of duty;
(c) Any gross unfitness;
(d) Conviction of a crime for violating any law of this or any
state or of the United States involving the illegal use, sale or
possession of controlled substances;
(e) Any false statement knowingly made in an application for
issuance, renewal or reinstatement of a license; or
(f) Failure to comply with any condition of reinstatement under
subsection (3) of this section or any condition of probation
under ORS 342.177 (3)(b).
(2) Notwithstanding ORS 670.280, the commission shall revoke
any license and shall revoke the right of any person to apply for
a license if the person has held a license at any time within
five years prior to issuance of the notice of charges under ORS
342.176 when the holder or person after August 20, 1957, has been
convicted of a violation of ORS 163.355, 163.365, 163.375,
163.385, 163.395, 163.405, 163.415, 163.425, 163.427, 163.435,
163.445, 163.455 (1981 Replacement Part), 163.465, 163.515,
163.525, 163.575, 167.007, 167.012, 167.017, 167.065, 167.070,
167.075 or 167.080 or after July 8, 1987, has been convicted of a
crime listed in ORS 163.408, 163.411, 163.670, 163.675 (1985
Replacement Part), 163.680 { + (1993 Edition) + }, 167.062,
167.087 or 167.090 { + or section 2 or 3 of this 1995 Act + }.
(3) Subject to subsection (4) of this section, any person whose
license has been suspended or revoked or whose privilege to apply
for a license has been revoked may apply to the commission for
reinstatement of the license after one year from the date of the
suspension or revocation. However, a person whose license has
been revoked under subsection (2) of this section shall not apply
for reinstatement until after expiration of the sentence or
parole or probationary period imposed upon conviction, whichever
is the shorter. The commission may require an applicant for
reinstatement to furnish evidence satisfactory to the commission
of good moral character, mental and physical health and such
other evidence as the commission may consider necessary to
establish the applicant's fitness. The commission may impose a
probationary period and such conditions as it considers necessary
upon approving an application for reinstatement.
(4) The commission shall reconsider immediately a license
suspension or revocation or the situation of a person whose
privilege to apply for a license has been revoked, upon
application therefor, when the license suspension or revocation
or the privilege revocation is based on a criminal conviction
that is reversed on appeal.
(5) Violation of rules adopted by the commission relating to
competent and ethical performance of professional duties shall be
admissible as evidence of gross neglect of duty or gross
unfitness.
(6) A copy of the record of conviction, certified to by the
clerk of the court entering the conviction, shall be conclusive
evidence of a conviction described in this section.
SECTION 16. { + ORS 163.672, 163.673, 163.677 and 163.680 are
repealed. + }
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