Bill Text: OR HB3340 | 2011 | Regular Session | Introduced

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Bill Title: Relating to sex offenders.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3340 Detail]

Download: Oregon-2011-HB3340-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 185

                         House Bill 3340

Sponsored by Representative FREEMAN

                             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 unlawfully residing within 1,000 feet of
school and makes crime applicable to sex offenders. Punishes by
maximum of five years' imprisonment, $125,000 fine, or both.
  Directs Department of Corrections and State Board of Parole and
Post-Prison Supervision to modify rules to include prohibition on
residing within 1,000 feet of school for purposes of locating
permanent residences for certain sex offenders.

                        A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; and amending
  ORS 144.641, 144.642 and 144.644.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person commits the crime of unlawfully
residing within 1,000 feet of a school if the person:
  (a) Is required to report as a sex offender under ORS 181.595,
181.596 or 181.597; and
  (b) Resides within 1,000 feet of the real property comprising a
public or private elementary, secondary or career school attended
primarily by minors.
  (2) Unlawfully residing within 1,000 feet of a school is a
Class C felony. + }
  SECTION 2. ORS 144.641 is amended to read:
  144.641. As used in this section and ORS 144.642, 144.644 and
144.646:
  (1) 'Dwelling' has the meaning given that term in ORS 469.160.
  (2) 'Dwelling' does not include a residential treatment
facility or a halfway house.
  (3) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
  (4) 'Locations where children are the primary occupants or
users' includes, but is not limited to,   { - public and private
elementary and secondary schools and licensed day - }  { +
certified child + } care centers.
  (5) 'Sex offender' means a:
  (a) Sexually violent dangerous offender as defined in ORS
137.765; or
  (b) Predatory sex offender as described in ORS 181.585.
  (6) 'Transitional housing' means housing intended to be
occupied by a sex offender for 45 days or less immediately after
release from incarceration.   { +  + }
  SECTION 3. ORS 144.642 is amended to read:
  144.642. (1) The Department of Corrections, in consultation
with the State Board of Parole and Post-Prison Supervision and
community corrections agencies, shall adopt rules establishing
criteria to be considered in determining the permanent residence
requirements for a sex offender released on post-prison
supervision or parole.   { - Transitional housing is not subject
to permanent residence requirements. - }  The department shall
include in the rules:
   { +  (a) A prohibition against allowing a sex offender to
reside within 1,000 feet of the real property comprising a public
or private elementary, secondary or career school attended
primarily by minors; + }
    { - (a) - }  { +  (b) + } A general prohibition against
allowing a sex offender to reside near locations { + , other than
those described in paragraph (a) of this subsection, + } where
children are the primary occupants or users  { - ; - }  { + , and
the bases upon which exceptions to the general prohibition are
authorized; + }
    { - (b) The bases upon which exceptions to the general
prohibition required by paragraph (a) of this subsection are
authorized; - }
  (c) A prohibition against allowing a sex offender to reside in
any dwelling in which another sex offender on probation, parole
or post-prison supervision resides unless authorized as provided
in ORS 144.102 (3)(b)(M); and
  (d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
  (2) Based upon the rules adopted under subsection (1) of this
section, the department shall develop a decision matrix to be
used in determining the permanent residence requirements for a
sex offender.
   { +  (3) Rules adopted under subsection (1)(b) to (d) of this
section do not apply to transitional housing. + }
  SECTION 4. ORS 144.644 is amended to read:
  144.644. (1) The State Board of Parole and Post-Prison
Supervision, in consultation with the Department of Corrections
and community corrections agencies, shall adopt rules
establishing criteria to be considered:
  (a) In reviewing the proposed residence of a sex offender in a
release plan under ORS 144.096 or a parole plan under ORS
144.125; and
  (b) In determining the residence of a sex offender in a release
plan under ORS 144.096, as a condition of post-prison supervision
under ORS 144.102 or as a condition of parole under ORS 144.270.
  (2) The board shall include in the rules:
   { +  (a) A prohibition against allowing a sex offender to
reside within 1,000 feet of the real property comprising a public
or private elementary, secondary or career school attended
primarily by minors; + }
    { - (a) - }  { +  (b) + } A general prohibition against
allowing a sex offender to reside near locations { + , other than
those described in paragraph (a) of this subsection, + } where
children are the primary occupants or users  { - ; - }  { + , and
the bases upon which exceptions to the general prohibition are
authorized; + }
    { - (b) The bases upon which exceptions to the general
prohibition required by paragraph (a) of this subsection are
authorized; - }
  (c) A prohibition against allowing a sex offender to reside in
any dwelling in which another sex offender on probation, parole
or post-prison supervision resides unless authorized as provided
in ORS 144.102 (3)(b)(M); and

  (d) A process that allows communities and community corrections
agencies that would be affected by a decision about the location
of a sex offender's residence to be informed of the decision
making process before the offender is released.
  (3) Based upon the rules adopted under subsections (1) and (2)
of this section, the board shall develop a decision matrix to be
used in determining the specific residence for a sex offender.
  SECTION 5.  { + (1) Section 1 of this 2011 Act applies to
persons convicted of, or adjudicated for, a sex offense before,
on or after the effective date of this 2011 Act.
  (2) The amendments to ORS 144.642 and 144.644 by sections 3 and
4 of this 2011 Act apply to persons released on parole or
post-prison supervision before, on or after the effective date of
this 2011 Act. + }
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