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 263
House Bill 2394
Sponsored by Representative WITT; Representatives BOONE, BUCKLEY,
DOHERTY, FREDERICK, GARRETT, KENY-GUYER (Presession filed.)
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 person convicted of certain animal crimes to register
with law enforcement agencies. Requires disclosure of
registration information on request and authorizes disclosure via
Internet.
Imposes registration fee and continuously appropriates half of
fee to Department of State Police for purposes of Act. Allows
half of fee to be retained by county sheriff.
Creates crime of failure to report as animal abuser. Punishes
by maximum of five years' imprisonment, $125,000 fine, or both.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 132.320
and 192.848; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2013 Act:
(1) 'Animal abuser' means a person convicted of an animal
crime.
(2) 'Animal crime' means:
(a) Animal abuse in the first degree as defined in ORS 167.320;
(b) Aggravated animal abuse in the first degree as defined in
ORS 167.322;
(c) Assaulting a law enforcement animal as defined in ORS
167.339;
(d) Involvement in animal fighting as defined in ORS 167.355;
(e) Dogfighting as defined in ORS 167.365;
(f) Participation in dogfighting as defined in ORS 167.370;
(g) Possessing dogfighting paraphernalia as defined in ORS
167.372;
(h) Cockfighting as defined in ORS 167.428;
(i) Participation in cockfighting as defined in ORS 167.431; or
(j) An attempt to commit a crime described in paragraphs (a) to
(i) of this subsection.
(3) 'Another United States court,' 'attends, ' ' correctional
facility' and 'works' have the meanings given those terms in ORS
181.594.
(4) 'Convicted' includes a finding of guilty except for
insanity. + }
SECTION 2. { + (1) A person who resides in this state and has
been convicted of an animal crime, or a statutory counterpart to
an animal crime in another jurisdiction, shall make an initial
report, in person, to the Department of State Police, a city
police department or a county sheriff's office as follows:
(a) If the person is convicted of an animal crime in this state
and, as a result of the conviction, the person is:
(A) Discharged, released or placed on probation or any other
form of supervised or conditional release, the person shall make
an initial report in the county in which the person is
discharged, released or placed on probation or other form of
supervised or conditional release, no later than 10 days after
the date the person is discharged, released or placed on
probation or other form of supervised or conditional release.
(B) Confined in a correctional facility, the person shall make
the initial report in the county in which the person is
discharged or otherwise released from the facility, no later than
10 days after the date the person is discharged or otherwise
released.
(b) If the person is convicted of a statutory counterpart to an
animal crime in another United States court and, at the time of
the conviction, the person is:
(A) Not a resident of this state, the person shall make the
initial report to the Department of State Police in Marion
County, Oregon, no later than 10 days after the date the person
moves into this state.
(B) A resident of this state, the person shall make the initial
report to the Department of State Police in Marion County,
Oregon, no later than 10 days after the date the person is
discharged, released or placed on probation or any other form of
supervised or conditional release by the other United States
court or, if the person is confined in a correctional facility by
the other United States court, no later than 10 days after the
date the person is discharged or otherwise released from the
facility.
(2) After making the initial report required by subsection (1)
of this section, the person shall report, in person, to the
Department of State Police, a city police department or a county
sheriff's office, in the county of the person's last reported
residence:
(a) Within 10 days of a change of residence; and
(b) Once each year within 10 days of the person's birth date.
(3) When a person who has been convicted of an animal crime, or
a statutory counterpart to an animal crime in another
jurisdiction, resides in another state and attends school or
works in this state, the person shall report, in person, to the
Department of State Police, a city police department or a county
sheriff's office, in the county in which the person attends
school or works, no later than 10 days after:
(a) The first day of school attendance or the 14th day of
employment; and
(b) A change in school enrollment or employment.
(4) The law enforcement agency to which a person reports under
this section shall complete an animal crime registration form
concerning the person when the person reports under this section.
As part of the registration and reporting requirements of this
section:
(a) The person required to report shall:
(A) Provide the information necessary to complete the animal
crime registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of
this subsection.
(b) The Department of State Police, the city police department
or the county sheriff's office:
(A) Shall photograph the person when the person initially
reports under this section and each time the person reports
annually under this section;
(B) May photograph the person or any identifying scars, marks
or tattoos located on the person when the person reports under
any of the circumstances described in this section; and
(C) Shall fingerprint the person if the person's fingerprints
are not included in the record file of the Department of State
Police.
(5) The obligation to report under this section is terminated
if the conviction that gave rise to the obligation is reversed or
vacated. + }
SECTION 3. { + (1) The Department of State Police shall create
an animal crime registration form for use by law enforcement
agencies under section 2 (4) of this 2013 Act. The form must
include a place to list all the names used by the offender.
(2) No later than three working days after registering an
offender under section 2 of this 2013 Act, a city police
department or a county sheriff's office shall:
(a) Send the original copy of the registration form to the
Department of State Police; or
(b) Forward the registration information to the Department of
State Police by any means and, within 10 working days after
registration, send the original copy of the registration form to
the Department of State Police.
(3) The Department of State Police shall enter into the Law
Enforcement Data System the animal crime information obtained
from the animal crime registration forms. The department shall
remove from the Law Enforcement Data System the animal crime
information obtained from the animal crime registration form
submitted under sections 1 to 6 of this 2013 Act if the
conviction or adjudication that gave rise to the registration
obligation is reversed or vacated or if the registrant is
pardoned.
(4) The Department of State Police may adopt rules to carry out
the provisions of sections 1 to 6 of this 2013 Act. + }
SECTION 4. { + (1) The Department of State Police, a city
police department or a county sheriff's office shall release,
upon request, any information that may be necessary to protect
the public concerning animal abusers who reside in a specific
area or concerning a specific animal abuser.
(2) The Department of State Police may use the Internet to make
the following information about an animal abuser available to the
public:
(a) The person's name and address;
(b) A physical description of the person;
(c) The type of vehicle that the person is known to drive;
(d) Any conditions or restrictions of the person's probation,
parole, post-prison supervision or conditional release;
(e) A description of the person's primary and secondary
targets;
(f) A description of the person's method of offense;
(g) A current photograph of the person;
(h) If the person is under supervision, the name or telephone
number of the person's parole and probation officer; and
(i) If the person is not under supervision, contact information
for the Department of State Police.
(3) The Department of State Police shall assess a person who is
required to report under section 2 of this 2013 Act and who is
not under supervision a fee of $70 each year. Moneys received by
the Department of State Police under this subsection are
continuously appropriated to the department for the purpose of
carrying out the department's duties under sections 1 to 6 of
this 2013 Act. + }
SECTION 5. { + (1) A person who is required to report in
accordance with the applicable provisions of section 2 of this
2013 Act and who has knowledge of the reporting requirements
commits the crime of failure to report as an animal abuser if the
person:
(a) Fails to make the initial report to a law enforcement
agency;
(b) Fails to report following a change of school enrollment or
employment status;
(c) Moves to a new residence and fails to report the move and
the person's new address;
(d) Fails to make an annual report;
(e) Fails to provide the accurate information necessary to
complete the animal abuse registration form;
(f) Fails to sign the animal abuse registration form as
required; or
(g) Fails to submit to fingerprinting or to having a photograph
taken of the person's face, identifying scars, marks or tattoos.
(2) It is an affirmative defense in a prosecution under:
(a) Subsection (1)(a) of this section that a person required to
report under section 2 (1)(b)(A) or (B) of this 2013 Act
reported, in person, to the Department of State Police, a city
police department or a county sheriff's office, in the county of
the person's residence, if the person otherwise complied with all
reporting requirements.
(b) Subsection (1)(c) of this section that the person reported,
in person, to the Department of State Police, a city police
department or a county sheriff's office, in the county of the
person's new residence, if the person otherwise complied with all
reporting requirements.
(3)(a) Except as otherwise provided in paragraph (b) of this
subsection, failure to report as an animal abuser is a Class C
felony.
(b) Failure to report as an animal abuser under subsection
(1)(d) or (e) of this section is a Class A misdemeanor. + }
SECTION 6. { + (1) The purpose of sections 1 to 6 of this 2013
Act is to assist law enforcement agencies in preventing the
commission of future animal crimes.
(2) When the court imposes sentence upon a person convicted of
an animal crime, the court shall ensure that the person completes
a form that documents the person's obligation to report under
section 2 of this 2013 Act. No later than three working days
after the person completes the form required by this subsection,
the court shall ensure that the form is sent to the Department of
State Police.
(3) At the initial intake for incarceration or release on any
type of supervised release, the animal abuser shall complete a
form that documents the offender's obligation to report under
section 2 of this 2013 Act. The Department of State Police shall
develop and provide the form. No later than three working days
after the animal abuser completes the form, the person
responsible for the intake process shall send the form to the
Department of State Police.
(4) A public agency and its employees are immune from
liability, both civil and criminal, for the good faith
performance of the agency's or the employee's duties under
sections 1 to 6 of this 2013 Act. + }
SECTION 7. ORS 132.320 is amended to read:
132.320. (1) Except as provided in subsections (2) to (11) of
this section, in the investigation of a charge for the purpose of
indictment, the grand jury shall receive no other evidence than
such as might be given on the trial of the person charged with
the crime in question.
(2) A report or a copy of a report made by a physicist,
chemist, medical examiner, physician, firearms identification
expert, examiner of questioned documents, fingerprint technician,
or an expert or technician in some comparable scientific or
professional field, concerning the results of an examination,
comparison or test performed by such person in connection with a
case which is the subject of a grand jury proceeding, shall, when
certified by such person as a report made by such person or as a
true copy thereof, be received in evidence in the grand jury
proceeding.
(3) An affidavit of a witness who is unable to appear before
the grand jury shall be received in evidence in the grand jury
proceeding if, upon application by the district attorney, the
presiding judge for the judicial district in which the grand jury
is sitting authorizes such receipt after good cause has been
shown for the witness' inability to appear. An affidavit taken in
another state or territory of the United States, the District of
Columbia or in a foreign country must be authenticated as
provided in ORS 194.505 to 194.575 before it can be used in this
state.
(4) A grand jury that is investigating a charge of criminal
driving while suspended or revoked under ORS 811.182 may receive
in evidence an affidavit of a peace officer with a report or copy
of a report of the peace officer concerning the peace officer's
investigation of the violation of ORS 811.182 by the defendant.
(5) A grand jury may receive testimony of a witness by means of
simultaneous television transmission allowing the grand jury and
district attorney to observe and communicate with the witness and
the witness to observe and communicate with the grand jury and
the district attorney.
(6) A grand jury that is investigating a charge of failure to
appear under ORS 133.076, 153.992, 162.195 or 162.205 may receive
in evidence an affidavit of a court employee certifying that the
defendant failed to appear as required by law and setting forth
facts sufficient to support that conclusion.
(7)(a) Except as otherwise provided in this subsection, a grand
jury may receive in evidence through the testimony of one peace
officer involved in the criminal investigation under grand jury
inquiry information from an official report of another peace
officer involved in the same criminal investigation concerning
the other peace officer's investigation of the matter before the
grand jury. The statement of a person suspected of committing an
offense or inadmissible hearsay of persons other than the peace
officer who compiled the official report may not be presented to
a grand jury under this paragraph.
(b) If the official report contains evidence other than chain
of custody, venue or the name of the person suspected of
committing an offense, the grand jurors must be notified that the
evidence is being submitted by report and that the peace officer
who compiled the report will be made available for testimony at
the request of the grand jury. When a grand jury requests the
testimony of a peace officer under this paragraph, the peace
officer may present sworn testimony by telephone if requiring the
peace officer's presence before the grand jury would constitute
an undue hardship on the peace officer or the agency that employs
or utilizes the peace officer.
(8) { + (a) + } A grand jury that is investigating a charge of
failure to report as a sex offender under ORS 181.599 may receive
in evidence certified copies of the form required by ORS 181.603
(2) and sex offender registration forms and an affidavit of a
representative of the Oregon State Police, as keepers of the
state's sex offender registration records, certifying that the
{ - certified - } copies of the forms constitute the complete
record for the defendant.
{ + (b) A grand jury that is investigating a charge of
failure to report as an animal abuser under section 5 of this
2013 Act may receive in evidence certified copies of the forms
required by section 6 of this 2013 Act and animal crime
registration forms and an affidavit of a representative of the
Oregon State Police, as keepers of the state's animal crime
registration records, certifying that the copies of the forms
constitute the complete record for the defendant. + }
(9) The grand jury is not bound to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it;
and when it believes that other evidence within its reach will
explain away the charge, it should order such evidence to be
produced, and for that purpose may require the district attorney
to issue process for the witnesses.
(10) A grand jury that is investigating a charge of driving
while under the influence of intoxicants in violation of ORS
813.010 may receive in evidence an affidavit of a peace officer
regarding any or all of the following:
(a) Whether the defendant was driving.
(b) Whether the defendant took or refused to take tests under
any provision of ORS chapter 813.
(c) The administration of tests under any provision of ORS
chapter 813 and the results of such tests.
(d) The officer's observations of physical or mental impairment
of the defendant.
(11)(a) A grand jury may receive in evidence an affidavit of a
representative of a financial institution for the purpose of
authenticating records of the financial institution.
(b) As used in this subsection, 'financial institution ' means
a financial institution as defined in ORS 706.008, an entity that
regularly issues, processes or services credit cards or any other
comparable entity that regularly produces financial records.
SECTION 8. ORS 192.848 is amended to read:
192.848. (1) The Attorney General may not disclose the actual
address or telephone number of a program participant, except
under either of the following circumstances:
(a) Upon receipt of a court order signed by a judge pursuant to
a finding of good cause. Good cause exists when disclosure is
sought for a lawful purpose that outweighs the risk of the
disclosure and, in the case of a request for disclosure received
from a federal, state or local law enforcement agency, district
attorney or other public body, when information is provided to
the court that describes the official purpose for which the
actual address or telephone number of the program participant
will be used. If a judge finds that good cause exists, the terms
of the court order shall address, as much as practicable, the
safety and protection of the program participant. In cases where
the Attorney General has not received prior notice of a court
order, not later than three business days after receiving the
order, the Attorney General may object to the order and request a
hearing before the judge who signed the order.
(b) Where the program participant is required to disclose the
actual address of the program participant as part of a
registration for { + :
(A) + } Sex offenders as required under ORS 181.598 and
181.599 { + ; or
(B) Animal abusers as required under sections 1 to 6 of this
2013 Act + }.
(2) A person to whom an actual address or telephone number of a
program participant has been disclosed pursuant to a court order
may not disclose the actual address or telephone number to any
other person unless permitted to do so by order of the court.
(3) The Attorney General shall notify a program participant
within one business day after the Attorney General discloses an
actual address under subsection (1)(a) of this section.
(4) Upon request by a public body, the Attorney General may
verify whether or not a person is a program participant when the
verification is for official use only.
SECTION 9. { + Sections 1 to 6 of this 2013 Act and the
amendments to ORS 132.320 and 192.848 by sections 7 and 8 of this
2013 Act apply to persons convicted of an animal crime that is
committed on or after the effective date of this 2013 Act. + }
SECTION 10. { + 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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