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 3311
House Bill 2984
Sponsored by Representative WOOTEN (at the request of Kelly
Isgrig)
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.
Requires persons convicted of sex crimes in other jurisdictions
to register upon moving into state. Allows public access to sex
offender registration information. Eliminates registration
requirement after 10 years if offender has completed court
approved treatment program.
A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; amending
sections 4, 5, 6 and 7, chapter 389, Oregon Laws 1991; and
repealing section 8, chapter 389, Oregon Laws 1991.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) When a person convicted in another
jurisdiction of a crime that would constitute a sex crime if
committed in this state moves into this state and is not required
by ORS 181.518 or 181.519 to register, the person shall provide
the following information to the Oregon State Police, in person,
no later than 30 days after moving into this state:
(a) The person's name and physical description;
(b) The address where the person is residing;
(c) The crime conviction for which registration is required;
and
(d) A description of the methodology of the offense.
(2) The person shall provide, in writing, the address of the
person to the Oregon State Police:
(a) Within 30 days of a change of residence; and
(b) Once each year regardless of whether the person changed
address. + }
SECTION 2. Section 4, chapter 389, Oregon Laws 1991, is amended
to read:
{ + Sec. 4. + } (1) A person who fails to register { + as
required by section 1 of this 1995 Act or fails to register + }
following a change of address as required by ORS 181.518 and
181.519 { + or section 1 of this 1995 Act + } commits a:
(a) Class C felony, if the crime for which the person is
required to register is a felony; or
(b) Class A misdemeanor, if the crime for which the person is
required to register is a misdemeanor.
(2) A person who fails to file the annual report required by
ORS 181.518 and 181.519 { + or section 1 of this 1995 Act + }
commits a violation.
SECTION 3. Section 5, chapter 389, Oregon Laws 1991, as amended
by section 4, chapter 147, Oregon Laws 1993, is amended to read:
{ + Sec. 5. + } (1) No sooner than 10 years after termination
of active supervision on probation, conditional release, parole
or post-prison supervision, a person required to register as
required by ORS 181.518 and 181.519 { + or section 1 of this
1995 Act + } may file a petition in the circuit court of the
county in which the person resides for an order relieving the
person of the duty to register. The district attorney of the
county shall be named and served as the respondent in the
petition.
(2) The court shall hold a hearing on the petition. In
determining whether to grant the relief requested, the court
shall consider:
(a) The nature of the offense that required registration;
(b) The age and number of victims;
(c) The degree of violence involved in the offense;
(d) Other criminal and relevant noncriminal behavior of the
petitioner both before and after the conviction that required
registration;
(e) The period of time during which the petitioner has not
reoffended; and
(f) Any other relevant factors.
(3) If the court is satisfied by clear and convincing evidence
that the petitioner is rehabilitated and that the petitioner does
not pose a threat to the safety of the public, the court shall
enter an order relieving the petitioner of the duty to register.
{ + (4) The court shall enter an order relieving the
petitioner of the duty to register if the petitioner has
successfully completed a court approved sex offender treatment
program. + }
SECTION 4. Section 6, chapter 389, Oregon Laws 1991, is amended
to read:
{ + Sec. 6. + } (1)(a) When information about a person is
first entered into the Law Enforcement Data System under ORS
181.518 or 181.519 { + or section 1 of this 1995 Act + }, the
person will be assigned a registry identification number.
(b) A victim shall be issued a victim identification number and
shall be given the registry identification number of the person
who committed the crime against the victim:
(A) At any time, upon request by the victim; and
(B) Upon verification of the identification of the victim.
(2) The Oregon State Police shall establish a toll-free
telephone number to provide victims with updates on the prison
status, release information, parole status and the county of
residence of the person who committed the crime against the
victim. The telephone line shall be operational within the state
during normal working hours.
(3) Access of the victim to the telephone line shall be revoked
if the victim makes public, or otherwise misuses, information
received.
(4) When a victim receives notification under ORS 144.120 (7)
of upcoming parole release hearings, or at any other time that
the victim is notified concerning the offender, the victim shall
be provided a notice of rights under this section and information
about the toll-free telephone number.
SECTION 5. Section 7, chapter 389, Oregon Laws 1991, is amended
to read:
{ + Sec. 7. + } The purpose of ORS 181.517, 181.518 and
181.519 and sections 4 to 6 { + , chapter 389, Oregon Laws 1991,
and section 1 + } of this { + 1995 + } Act is to assist law
enforcement agencies in preventing future sex offenses.
SECTION 6. { + Notwithstanding any other provision of law, the
Oregon State Police, upon request, shall make available to any
person a complete listing of persons registered under section 1
of this Act and ORS 181.518 and 181.519. The list shall include
the information required to be disclosed to a victim under
section 6, chapter 389, Oregon Laws 1991. If a person requests a
copy of the listing or any portion of the listing, the Oregon
State Police may charge the person a fee reasonably calculated to
cover the costs of providing the copy. + }
SECTION 7. { + Section 8, chapter 389, Oregon Laws 1991, is
repealed. + }
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