77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3514
Senate Bill 673
Sponsored by Senators CLOSE, JOHNSON
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 patronizing a trafficked child. Punishes by
maximum of 10 years' imprisonment, $250,000 fine, or both, if
victim is child under 18 years of age. Punishes by maximum of
five years' imprisonment, $125,000 fine, or both, if conviction
is based on offer by or to law enforcement officer posing as
child under 18 years of age. Enhances penalties for crime of
trafficking in persons if victim was minor or force was used and
trafficking was for purpose of commercial sex acts.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to sex trafficking of children; creating new provisions;
amending ORS 40.210, 133.724, 137.106, 144.275, 147.005,
147.015, 147.025, 147.390, 161.005, 163.266, 166.715, 167.008,
181.594 and 419B.005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person commits the crime of patronizing a
trafficked child if the person engages in, or offers or agrees to
engage in, a commercial sex act, as defined in ORS 163.266, with:
(a) A child under 18 years of age; or
(b) A law enforcement officer, as defined in ORS 163.730, who
is posing as a child under 18 years of age.
(2) In any prosecution of a crime described in subsection
(1)(a) of this section:
(a) The state is not required to prove that the defendant knew
the child was under 18 years of age.
(b) It is not a defense that the defendant did not know the
child's age or that the defendant reasonably believed the child
to be 18 years of age or older.
(3) Violation of subsection (1)(a) of this section is a Class B
felony. Violation of subsection (1)(b) of this section is a Class
C felony. + }
SECTION 2. { + (1) The Oregon Criminal Justice Commission
shall consider patronizing a trafficked child as described in
section 1 of this 2013 Act to be a person felony and classify the
crime:
(a) As a crime category 9 of the sentencing guidelines grid if
the offender violated section 1 (1)(a) of this 2013 Act.
(b) As a crime category 7 of the sentencing guidelines grid if
the offender violated section 1 (1)(b) of this 2013 Act.
(2) In determining the criminal history for a person convicted
of patronizing a trafficked child, the commission shall consider
the following to be the equivalent of one person felony.
(a) Two prior convictions of prostitution under ORS 167.007.
(b) Two prior convictions of patronizing a prostitute under ORS
167.008.
(c) One prior conviction of prostitution under ORS 167.007 and
one prior conviction of patronizing a prostitute under ORS
167.008. + }
SECTION 3. ORS 163.266 is amended to read:
163.266. { - (1) A person commits the crime of trafficking in
persons if the person knowingly: - }
{ - (a) Recruits, entices, harbors, transports, provides or
obtains by any means, or attempts to recruit, entice, harbor,
transport, provide or obtain by any means, another person knowing
that the other person will be subjected to involuntary servitude
as described in ORS 163.263 or 163.264; or - }
{ - (b) Benefits financially or receives something of value
from participation in a venture that involves an act prohibited
by this section or ORS 163.263 or 163.264. - }
{ - (2) Trafficking in persons is a Class B felony. - }
{ + (1) A person commits the crime of trafficking in persons
if the person knowingly recruits, entices, harbors, transports,
provides or obtains by any means, or attempts to recruit, entice,
harbor, transport, provide or obtain by any means, another person
and:
(a) The person knows that the other person will be subjected to
involuntary servitude as described in ORS 163.263 or 163.264;
(b) The person knows or recklessly disregards the fact that
force, fraud or coercion will be used to cause the other person
to engage in a commercial sex act; or
(c) The person knows or recklessly disregards the fact that the
other person is under 18 years of age and will be used in a
commercial sex act.
(2) A person commits the crime of trafficking in persons if the
person knowingly benefits financially or receives something of
value from participation in a venture that involves an act
prohibited by subsection (1) of this section or ORS 163.263 or
163.264.
(3) As used in this section, 'commercial sex act' means sexual
conduct or sexual contact, as those terms are defined in ORS
167.002, performed in return for a fee or anything of value.
(4) Violation of subsection (1)(a) or (2) of this section is a
Class B felony.
(5) Violation of subsection (1)(b) or (c) of this section is a
Class A felony. + }
SECTION 4. ORS 167.008 is amended to read:
167.008. (1) A person commits the crime of patronizing a
prostitute if the person pays, or offers or agrees to pay, a fee
to engage in sexual conduct or sexual contact.
(2) Patronizing a prostitute is a Class A misdemeanor.
{ - (3)(a) When a person convicted of violating this section
is 18 years of age or older at the time the offense is committed
and the person paid, or offered or agreed to pay, a fee to a
minor to engage in sexual conduct or sexual contact, in addition
to any other sentence that may be imposed, the court shall impose
and may not suspend the sentence described in paragraph (b) of
this subsection. - }
{ - (b) Notwithstanding ORS 161.635, the mandatory minimum
sentences that apply to paragraph (a) of this subsection are as
follows: - }
{ - (A) For a person's first conviction, a fine in the amount
of $10,000. - }
{ - (B) For a person's second conviction, a fine in the
amount of $20,000 and a term of incarceration of at least seven
days. - }
{ - (C) For a person's third or subsequent conviction, a fine
in the amount of $20,000 and a term of incarceration of at least
30 days. - }
{ - (c) Notwithstanding paragraphs (a) and (b) of this
subsection, if the court determines that the person is unable to
pay the full amount of the mandatory minimum fine, the court
shall impose and may not suspend a fine in an amount the court
determines the person is able to pay. - }
{ - (d) In a prosecution in which it is alleged that this
subsection applies, the state need not prove that the person knew
the minor was under 18 years of age and it is no defense that the
person did not know the minor's age or that the person reasonably
believed the minor to be 18 years of age or older. - }
{ - (e) As used in this subsection, 'minor' means a person
under 18 years of age. - }
SECTION 5. ORS 40.210 is amended to read:
40.210. (1) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS { + 163.266 (1)(b) or
(c), + } 163.355 to 163.427, { + 163.670 or 167.017 or section 1
of this 2013 Act, + } or in a prosecution for an attempt to
commit one of { - these - } { + those + } crimes, the
following evidence is not admissible:
(a) Reputation or opinion evidence of the past sexual behavior
of an alleged victim of the crime or a corroborating witness; or
(b) Reputation or opinion evidence presented for the purpose of
showing that the manner of dress of an alleged victim of the
crime incited the crime or indicated consent to the sexual acts
alleged in the charge.
(2) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427, or
in a prosecution for an attempt to commit one of these crimes,
evidence of a victim's past sexual behavior other than reputation
or opinion evidence is also not admissible, unless the evidence
other than reputation or opinion evidence:
(a) Is admitted in accordance with subsection (4) of this
section; and
(b) Is evidence that:
(A) Relates to the motive or bias of the alleged victim;
(B) Is necessary to rebut or explain scientific or medical
evidence offered by the state; or
(C) Is otherwise constitutionally required to be admitted.
(3) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427, or
in a prosecution for an attempt to commit one of these crimes,
evidence, other than reputation or opinion evidence, of the
manner of dress of the alleged victim or a corroborating witness,
presented by a person accused of committing the crime, is also
not admissible, unless the evidence is:
(a) Admitted in accordance with subsection (4) of this section;
and
(b) Is evidence that:
(A) Relates to the motive or bias of the alleged victim;
(B) Is necessary to rebut or explain scientific, medical or
testimonial evidence offered by the state;
(C) Is necessary to establish the identity of the victim; or
(D) Is otherwise constitutionally required to be admitted.
(4)(a) If the person accused of committing rape, sodomy or
sexual abuse or attempted rape, sodomy or sexual abuse intends to
offer evidence under subsection (2) or (3) of this section, the
accused shall make a written motion to offer the evidence not
later than 15 days before the date on which the trial in which
the evidence is to be offered is scheduled to begin, except that
the court may allow the motion to be made at a later date,
including during trial, if the court determines either that the
evidence is newly discovered and could not have been obtained
earlier through the exercise of due diligence or that the issue
to which the evidence relates has newly arisen in the case. Any
motion made under this paragraph shall be served on all other
parties, and on the alleged victim through the office of the
prosecutor.
(b) The motion described in paragraph (a) of this subsection
shall be accompanied by a written offer of proof. If the court
determines that the offer of proof contains evidence described in
subsection (2) or (3) of this section, the court shall order a
hearing in camera to determine if the evidence is admissible. At
the hearing the parties may call witnesses, including the alleged
victim, and offer relevant evidence. Notwithstanding ORS 40.030
(2), if the relevancy of the evidence that the accused seeks to
offer in the trial depends upon the fulfillment of a condition of
fact, the court, at the hearing in camera or at a subsequent
hearing in camera scheduled for the same purpose, shall accept
evidence on the issue of whether the condition of fact is
fulfilled and shall determine the issue.
(c) If the court determines on the basis of the hearing
described in paragraph (b) of this subsection that the evidence
the accused seeks to offer is relevant and that the probative
value of the evidence outweighs the danger of unfair prejudice,
the evidence shall be admissible in the trial to the extent an
order made by the court specifies evidence that may be offered
and areas with respect to which a witness may be examined or
cross-examined. An order admitting evidence under this subsection
may be appealed by the government before trial.
(5) For purposes of this section:
(a) 'In camera' means out of the presence of the public and the
jury; and
(b) 'Past sexual behavior' means sexual behavior other than the
sexual behavior with respect to which rape, sodomy or sexual
abuse or attempted rape, sodomy or sexual abuse is alleged.
SECTION 6. ORS 133.724 is amended to read:
133.724. (1) An ex parte order for the interception of wire,
electronic or oral communications may be issued by any circuit
court judge upon written application made upon oath or
affirmation of the individual who is the district attorney or a
deputy district attorney authorized by the district attorney for
the county in which the order is sought. The application shall
include:
(a) The name of the district attorney or the deputy district
attorney making the application and the authority of the district
attorney or the deputy district attorney to make the application;
(b) The identity of the investigative or law enforcement
officer making the application and the officer authorizing the
application;
(c) A statement demonstrating that there is probable cause to
believe that an individual is committing, has committed or is
about to commit:
(A) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and
punishable as a felony;
(B) A crime punishable as a felony under ORS { + 163.266
(1)(b) or (c), + } 166.720, { + 167.012, 167.017, + } 475.752,
475.806 to 475.894 or 475.904 to 475.910 { + or section 1 of
this 2013 Act + } or as a misdemeanor under ORS 167.007 or
167.008; or
(C) Any conspiracy to commit any of the foregoing crimes;
(d) A statement of the details, if known, of the particular
crime alleged under paragraph (c) of this subsection;
(e) A particular description of the nature and location of the
facilities from which or the place where the wire, electronic or
oral communication is to be intercepted, if known;
(f) A particular description of the type of wire, electronic or
oral communication sought to be intercepted;
(g) The identity of the person, if known, suspected of
committing the crime and whose wire, electronic or oral
communications are to be intercepted;
(h) A full and complete statement as to whether or not other
investigative procedures have been tried and failed or why other
investigative procedures reasonably appear to be unlikely to
succeed if tried or are likely to be too dangerous;
(i) A statement of the period of time for which the
interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception
should not automatically terminate when the described type of
wire, electronic or oral communication has been first obtained, a
description of facts establishing probable cause to believe that
additional communications of the same type will occur thereafter;
(j) A statement as to whether any prior application has been
made to intercept wire, electronic or oral communications from
the same person and, if such prior application exists, a
statement of the current status of that application; and
(k) Where the application is for the extension of an existing
order, a statement setting forth the results thus far obtained
from the interception, or a reasonable explanation of the failure
to obtain such results.
(2) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(3) Upon examination of such application and evidence the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving interception of wire, electronic or oral
communications within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause for belief that an individual is
committing, has committed or is about to commit a particular
crime described in subsection (1)(c) of this section;
(b) There is probable cause for belief that particular
communications concerning that crime will be obtained through
such interception;
(c) Normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous; and
(d) There is probable cause for belief that the facilities from
which, or the place where, the wire, electronic or oral
communications to be intercepted are being used, or are about to
be used, in connection with the planning or the commission of
that crime are open to the public or are owned by, leased to,
listed in the name of, or commonly used by the individual
suspected.
(4) Each order authorizing or approving the interception of any
wire, electronic or oral communication shall specify:
(a) The identity of the person, if known, whose communications
are to be intercepted;
(b) The nature and location of the communications facilities as
to which, or the place where, authority to intercept is granted;
(c) A particular description of the type of communication
sought to be intercepted, and a statement of the particular crime
to which it relates;
(d) The identity of the agency authorized to intercept the
communications and of the person authorizing the application;
(e) The period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained; and
(f) The name of the applicant, date of issuance, and the
signature and title of the issuing judge.
(5) An order entered pursuant to this section may not authorize
or approve the interception of any wire, electronic or oral
communication for any period longer than is necessary to achieve
the objective of authorization and in no event for longer than 30
days. Extensions of any order may be granted, but only when
application for an extension is made in accordance with
subsection (1)(k) of this section and the court makes the
findings required by subsection (3) of this section. The period
of extension shall be no longer than the authorizing judge deems
necessary to achieve the purpose for which it is granted and in
no event for longer than 30 days. Every order and extension of
that order shall contain a provision that the authorization to
intercept must be executed as soon as practicable, must be
conducted in such a way as to minimize the interception of
communications not otherwise subject to interception, and must
terminate upon attainment of the authorized objective, or in any
event in 30 days.
(6) Whenever an order authorizing interception is entered
pursuant to this section, the order may require reports to be
made to the judge who issued the order showing what progress has
been made toward achievement of the authorized objective and the
need for continued interception. Such reports shall be made at
such intervals as the judge may require.
SECTION 7. ORS 137.106 is amended to read:
137.106. (1) When a person is convicted of a crime, or a
violation as described in ORS 153.008, that has resulted in
economic damages, the district attorney shall investigate and
present to the court, prior to the time of sentencing, evidence
of the nature and amount of the damages. If the court finds from
the evidence presented that a victim suffered economic damages,
in addition to any other sanction it may impose, the court shall
include one of the following in the judgment:
(a) A requirement that the defendant pay the victim restitution
in a specific amount that equals the full amount of the victim's
economic damages as determined by the court.
(b) A requirement that the defendant pay the victim
restitution, and that the specific amount of restitution will be
established by a supplemental judgment based upon a determination
made by the court within 90 days of entry of the judgment. In the
supplemental judgment, the court shall establish a specific
amount of restitution that equals the full amount of the victim's
economic damages as determined by the court. The court may extend
the time within which the determination and supplemental judgment
may be completed for good cause. The lien, priority of the lien
and ability to enforce the specific amount of restitution
established under this paragraph by a supplemental judgment
relates back to the date of the original judgment that is
supplemented.
(c)(A) A requirement that the defendant pay the victim
restitution in a specific amount that is less than the full
amount of the victim's economic damages, with the consent of the
victim.
(B) If the defendant is convicted of a person felony, as that
term is defined in the rules of the Oregon Criminal Justice
Commission, a requirement that the defendant pay the victim
restitution in a specific amount that is less than the full
amount of the victim's economic damages, only with the written
consent of the victim.
{ + (2) Notwithstanding subsection (1) of this section, when
a defendant is convicted of a crime described in ORS 163.266
(1)(b) or (c), 167.012 or 167.017 or section 1 of this 2013 Act,
the court shall allow the district attorney 60 days after the
time of sentencing to investigate the nature and amount of any
economic damages. The district attorney shall notify the
defendant and the court once the amount of damages is known, and
the court shall set a hearing not more than 90 days after the
time of sentencing during which the district attorney shall
present evidence supporting the claim. If the court finds from
the evidence presented that the victim suffered economic damages,
the court shall order restitution in a specific amount that
equals the full amount of the victim's economic damages unless
the victim consents to a lesser amount. + }
{ - (2) - } { + (3) + } After the district attorney makes a
presentation described in subsection (1) of this section, if the
court is unable to find from the evidence presented that a victim
suffered economic damages, the court shall make a finding on the
record to that effect.
{ - (3) - } { + (4) + } No finding made by the court or
failure of the court to make a finding under this section limits
or impairs the rights of a person injured to sue and recover
damages in a civil action as provided in ORS 137.109.
{ - (4)(a) - } { + (5)(a) + } If a judgment or supplemental
judgment described in subsection (1) of this section includes
restitution, a court may delay the enforcement of the monetary
sanctions, including restitution, only if the defendant alleges
and establishes to the satisfaction of the court the defendant's
inability to pay the judgment in full at the time the judgment is
entered. If the court finds that the defendant is unable to pay,
the court may establish or allow an appropriate supervising
authority to establish a payment schedule, taking into
consideration the financial resources of the defendant and the
burden that payment of restitution will impose, with due regard
to the other obligations of the defendant. The supervising
authority shall be authorized to modify any payment schedule
established under this section.
(b) As used in this subsection, 'supervising authority ' means
any state or local agency that is authorized to supervise the
defendant.
{ - (5) - } { + (6) + } If the defendant objects to the
imposition, amount or distribution of the restitution, the court
shall allow the defendant to be heard on such issue at the time
of sentencing or at the time the court determines the amount of
restitution.
SECTION 8. ORS 147.005 is amended to read:
147.005. As used in ORS 147.005 to 147.367 unless the context
requires otherwise:
(1) 'Applicant' means:
(a) Any victim of a compensable crime who applies to the
Department of Justice for compensation under ORS 147.005 to
147.367;
(b) Any person who was a dependent of a deceased victim at the
time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) 'Board' means the Workers' Compensation Board.
(3) 'Child' means an unmarried person who is under 18 years of
age and includes a posthumous child, stepchild or an adopted
child.
(4) 'Compensable crime' means abuse of corpse in any degree or
an intentional, knowing, reckless or criminally negligent act
that results in { - serious bodily - } injury or death of
another person and that, if committed by a person of full legal
capacity, would be punishable as a crime in this state.
(5) 'Counseling' has the meaning given that term by the
department by rule.
(6) 'Dependent' means such relatives of a deceased victim who
wholly or partially were dependent upon the victim's income at
the time of death or would have been so dependent but for the
victim's incapacity due to the injury from which the death
resulted.
(7) 'Department' means the Department of Justice.
(8) 'Funeral expenses' means expenses of the funeral, burial,
cremation or other chosen method of interment, including plot or
tomb and other necessary incidents to the disposition of the
remains and also including, in the case of abuse of corpse in any
degree, reinterment.
(9) 'Injury' means abuse of a corpse or actual bodily harm and,
with respect to a victim, includes pregnancy and mental or
nervous shock.
(10) 'International terrorism' means activities that:
(a) Involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or any
state or that would be a criminal violation if committed within
the jurisdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or
coercion; or
(C) Affect the conduct of a government by assassination or
kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the
United States or transcend national boundaries in terms of the
means by which they are accomplished, the persons they appear
intended to intimidate or coerce, or the locale in which their
perpetrators operate or seek asylum.
(11) 'Involved in the hearing' and 'involved in the oral
argument' have the meaning given those terms by the department by
rule.
(12) 'Law enforcement official' means a sheriff, constable,
marshal, municipal police officer or member of the Oregon State
Police and such other persons as may be designated by law as a
peace officer.
(13) 'Relative' means a person related to the victim within the
third degree as determined by the common law, a spouse, or an
individual related to the spouse within the third degree as so
determined and includes an individual in an adoptive
relationship.
(14) 'Survivor' means any spouse, parent, grandparent,
guardian, sibling, child or other immediate family member or
household member of a deceased victim.
(15) 'Victim' means:
(a) A person:
(A) Killed or injured in this state as a result of a
compensable crime perpetrated or attempted against that person;
(B) Killed or injured in this state while attempting to assist
a person against whom a compensable crime is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law
enforcement official to apprehend a person who has perpetrated a
crime or to prevent the perpetration of any such crime, if that
assistance was in response to the express request of the law
enforcement official;
(D) Killed or injured in another state as a result of a
criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of
a compensable crime perpetrated or attempted against the person
in a state, within the United States, without a reciprocal crime
victims' compensation program; or
(F) Who is an Oregon resident killed or injured by an act of
international terrorism committed outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or
a relative of the corpse.
SECTION 9. ORS 147.015 is amended to read:
147.015. { + (1) + } A person is eligible for an award of
compensation under ORS 147.005 to 147.367 if:
{ - (1) - } { + (a) + } The person is a victim, or is a
survivor or dependent of a deceased victim, of a compensable
crime that has resulted in or may result in a compensable loss;
{ - (2) - } { + (b) + } The appropriate law enforcement
officials were notified of the perpetration of the crime
allegedly causing the death or injury to the victim within 72
hours after its perpetration, unless the Department of Justice
finds good cause exists for the failure of notification;
{ - (3) - } { + (c) + } The applicant has cooperated fully
with law enforcement officials in the apprehension and
prosecution of the assailant or the department has found that the
applicant's failure to cooperate was for good cause;
{ - (4) - } { + (d) + } The application for compensation is
not the result of collusion between the applicant and the
assailant of the victim;
{ - (5) - } { + (e) + } The death or injury to the victim
was not substantially attributable to the wrongful act of the
victim or substantial provocation of the assailant of the victim;
and
{ - (6) - } { + (f) + } The application for an award of
compensation under ORS 147.005 to 147.367 is filed with the
department:
{ - (a) - } { + (A) + } Within one year of the date of the
injury to the victim; or
{ - (b) - } { + (B) + } Within such further extension of
time as the department for good cause shown, allows.
{ + (2) The fact that a victim was subjected to sexual
exploitation as defined in ORS 419B.005 is prima facie evidence
of good cause for the victim's failure to notify law enforcement
in a timely manner under subsection (1)(b) of this section, or
for failure to cooperate with law enforcement under subsection
(1)(c) of this section. + }
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. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
(6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and 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, 59.710 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 162.455, 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 163.665 to 163.693, relating to sexual conduct of
children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 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 165.540 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, 167.057, 167.062 to 167.080, 167.090,
167.122 to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355,
167.365, 167.370, 167.428, 167.431 and 167.439, relating to
prostitution, obscenity, sexual conduct, gambling, computer
crimes involving the Oregon State Lottery, animal fighting,
forcible recovery of a fighting bird 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 180.440 (2) and 180.486 (2) and ORS chapter 323,
relating to cigarette and tobacco products taxes and the
directories developed under ORS 180.425 and 180.477;
(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, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to 475.285 and 475.752 to 475.980, relating to
controlled substances;
(DD) ORS 480.070, 480.210, 480.215, 480.235 and 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 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual savings banks;
(JJ) ORS chapter 723, relating to credit unions;
(KK) ORS chapter 726, relating to pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 86A.095 to 86A.198, relating to mortgage bankers and
mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating to wildlife;
(PP) ORS 163.355 to 163.427, relating to sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to intimidation;
(SS) ORS chapter 696, relating to real estate and escrow;
(TT) ORS chapter 704, relating to outfitters and guides;
(UU) ORS 165.692, relating to making a false claim for health
care payment;
(VV) ORS 162.117, relating to public investment fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; or
(CCC) ORS 163.263, 163.264 or 163.266 { + or section 1 of this
2013 Act + }.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
(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 167.108 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.
(8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
SECTION 11. ORS 181.594 is amended to read:
181.594. As used in this section and ORS 181.595, 181.596,
181.597, 181.603, 181.609, 181.826, 181.830 and 181.833:
(1) 'Another United States court' means a federal court, a
military court, the tribal court of a federally recognized Indian
tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) 'Attends' means is enrolled on a full-time or part-time
basis.
(3)(a) 'Correctional facility' means any place used for the
confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined
under a court order.
(B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
(b) 'Correctional facility' applies to a state hospital or a
secure intensive community inpatient facility 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 or responsible except for insanity
under ORS 419C.411.
(4) 'Institution of higher education' means a public or private
educational institution that provides a program of post-secondary
education.
(5) '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) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child's sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the victim was under 18
years of age;
(m) Contributing to the sexual delinquency of a minor;
(n) Sexual misconduct if the offender is at least 18 years of
age;
(o) Possession of materials depicting sexually explicit conduct
of a child in the first degree;
(p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
(q) Online sexual corruption of a child in any degree if the
offender reasonably believed the child to be more than five years
younger than the offender;
(r) Sexual assault of an animal;
{ + (s) Trafficking in persons involving a commercial sex
act;
(t) Patronizing a trafficked child; + }
{ - (s) - } { + (u) + } Any attempt to commit any of the
crimes set forth in paragraphs (a) to { - (r) - } { + (t) + }
of this subsection;
{ - (t) - } { + (v) + } Burglary, when committed with
intent to commit any of the offenses listed in paragraphs (a) to
{ - (r) - } { + (t) + } or { - (u) - } { + (w) + } of this
subsection; or
{ - (u) - } { + (w) + } Public indecency or private
indecency, if the person has a prior conviction for a crime
listed in this subsection.
(6) 'Sex offender' means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for insanity of a sex crime;
(c) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; or
(d) Is described in ORS 181.609 (1).
(7) 'Works' or 'carries on a vocation' means full-time or
part-time employment for more than 14 days within one calendar
year whether financially compensated, volunteered or for the
purpose of governmental or educational benefit.
SECTION 12. ORS 419B.005, as amended by section 60, chapter 37,
Oregon Laws 2012, and section 1, chapter 92, Oregon Laws 2012, is
amended to read:
419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
(D) Sexual abuse, as described in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; { - and - }
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution { + as described in ORS 167.007 or a
commercial sex act as defined in ORS 163.266, + } { - or - }
to patronize a prostitute { + as described in ORS 167.008 or to
patronize a trafficked child + } { - , as defined in ORS chapter
167. - } { + as described in section 1 of this 2013 Act; and
(iii) Trafficking in persons involving a child for commercial
sex acts as described in ORS 163.266. + }
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
(J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Higher education institution' means:
(a) A community college as defined in ORS 341.005;
(b) A public university listed in ORS 352.002;
(c) The Oregon Health and Science University; and
(d) A private institution of higher education located in
Oregon.
(4) 'Law enforcement agency' means:
(a) A city or municipal police department.
(b) A county sheriff's office.
(c) The Oregon State Police.
(d) A police department established by a university under ORS
352.383.
(e) A county juvenile department.
(5) 'Public or private official' means:
(a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
(b) Dentist.
(c) School employee, including an employee of a higher
education institution.
(d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(e) Employee of the Department of Human Services, Oregon Health
Authority, Early Learning Council, Youth Development Council,
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical services provider.
(q) A court appointed special advocate, as defined in ORS
419A.004.
(r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
(x) Pharmacist.
(y) An operator of a preschool recorded program under ORS
657A.255.
(z) An operator of a school-age recorded program under ORS
657A.257.
(aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
(bb) Employee of a public or private organization providing
child-related services or activities:
(A) Including but not limited to youth groups or centers, scout
groups or camps, summer or day camps, survival camps or groups,
centers or camps that are operated under the guidance,
supervision or auspices of religious, public or private
educational systems or community service organizations; and
(B) Excluding community-based, nonprofit organizations whose
primary purpose is to provide confidential, direct services to
victims of domestic violence, sexual assault, stalking or human
trafficking.
(cc) A coach, assistant coach or trainer of an amateur,
semiprofessional or professional athlete, if compensated and if
the athlete is a child.
SECTION 13. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.196, 163.215 to 163.257, 163.261, 163.263,
163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432,
163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015
to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002
to 165.102, 165.109, 165.118, 165.805, 166.005 to 166.095,
166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.057,
167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to
167.252, 167.310 to 167.340 and 167.350, 167.810 and 167.820 { +
and section 1 of this 2013 Act + } shall be known and may be
cited as Oregon Criminal Code of 1971.
SECTION 14. ORS 144.275 is amended to read:
144.275. Whenever the State Board of Parole and Post-Prison
Supervision orders the release on parole of an inmate who has
been ordered to pay compensatory fines pursuant to ORS 137.101 or
to make restitution pursuant to ORS 137.106, but with respect to
whom payment of all or a portion of the fine or restitution was
suspended until the release of the inmate from imprisonment, the
board may establish a schedule by which payment of the
compensatory fine or restitution shall be resumed. In fixing the
schedule and supervising the paroled inmate's performance
thereunder, the board shall consider the factors specified in ORS
137.106 { - (4) - } { + (5) + }. The board shall provide to
the sentencing court a copy of the schedule and any modifications
thereof.
SECTION 15. ORS 147.025 is amended to read:
147.025. (1) Notwithstanding that a person is not a victim or a
dependent of a deceased victim under ORS 147.015 (1) { + (a) + },
the person is eligible for compensation for reasonable medical
expenses for the victim and for reasonable funeral expenses of
the deceased victim if the person:
(a) Paid or incurred such expenses; and
(b) Files a claim in the manner provided in ORS 147.105 and the
conditions in ORS 147.015 { - (2) to (6) - } { + (1)(b) to
(f) + } are met.
(2) Notwithstanding that a person is not a survivor or
dependent of a deceased victim under ORS 147.015 (1) { + (a) + },
the person is eligible for compensation for reasonable counseling
expenses up to a maximum amount of $500 if the person:
(a) Paid or incurred such expenses;
(b) Was a friend or acquaintance of the victim;
(c) Was the first person to discover the corpse of the victim;
and
(d) Files a claim in the manner provided in ORS 147.105 and the
conditions in ORS 147.015 { - (2) to (6) - } { + (1)(b) to
(f) + } are met.
(3) Notwithstanding that a person is not a victim or a survivor
or dependent of a deceased victim under ORS 147.015
(1) { + (a) + }, the person is eligible for the compensation
described in ORS 147.035 (7) and (8) if:
(a) The person is the personal representative, as defined by
the Department of Justice by rule, of a victim or of a survivor
or dependent of a deceased victim;
(b) The person is involved in the hearing or oral argument in
lieu of the victim, survivor or dependent; and
(c) The person files a claim in the manner provided in ORS
147.105 and the conditions in ORS 147.015 { - (2) to (6) - }
{ + (1)(b) to (f) + } are met.
(4) The Department of Justice may pay directly to the provider
of the services compensation for medical, funeral or counseling
expenses incurred by the person.
SECTION 16. ORS 147.390 is amended to read:
147.390. (1) Notwithstanding that a child is not a victim under
ORS 147.015 (1) { + (a) + }, in cases of suspected child sexual
abuse as described in ORS 419B.005 (1)(a)(C), (D) or (E), or
child physical abuse by an adult or caretaker as otherwise
described in ORS 419B.005 (1)(a)(A), compensation may be made on
behalf of the child for a child abuse medical assessment as
defined in ORS 418.782 or a medical examination required by ORS
419B.023, if:
(a) The expenses are actually paid or incurred by the
applicant; and
(b) A claim is filed on behalf of the child in the manner
provided in ORS 147.015.
(2) The Department of Justice may pay compensation for child
abuse medical assessments or medical examinations required by ORS
419B.023 regardless of whether a finding of abuse is made and
only if other insurance is unavailable. If the department pays
compensation, the department shall pay the compensation directly
to the provider of the services. The medical fee schedules for
payment under this section shall be the schedules adopted under
ORS 147.035.
SECTION 17. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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