73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 3634
A-Engrossed
House Bill 3486
Ordered by the House June 20
Including House Amendments dated June 20
Sponsored by Representative KRUMMEL; Representatives ACKERMAN,
ANDERSON, AVAKIAN, BARKER, BOONE, BOQUIST, BROWN, BRUUN,
BUCKLEY, BUTLER, DALLUM, ESQUIVEL, FARR, FLORES, GARRARD,
GILMAN, GREENLICK, HANNA, HUNT, KITTS, KOMP, KROPF, LIM,
MORGAN, NELSON, OLSON, RICHARDSON, ROBLAN, SCHAUFLER, SCOTT, G
SMITH, P SMITH, SUMNER, THATCHER, WHISNANT, WITT, Senators
ATKINSON, BEYER, FERRIOLI, GEORGE, KRUSE, NELSON, B STARR, C
STARR, WESTLUND, WINTERS
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.
Requires Department of State Police to make information about
certain sex offenders available on Internet website.
{ + Specifies information required to be made available. + }
A BILL FOR AN ACT
Relating to sex offenders; creating new provisions; and amending
ORS 181.592.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.592 is amended to read:
181.592. (1) The Department of State Police shall enter into
the Law Enforcement Data System the sex offender information
obtained from the sex offender registration forms submitted under
ORS 181.595, 181.596 and 181.597. The department shall remove
from the Law Enforcement Data System the sex offender information
obtained from the sex offender registration form submitted under
ORS 181.595, 181.596 or 181.597 if the conviction or adjudication
that gave rise to the registration obligation is reversed or
vacated or if the registrant is pardoned.
(2)(a) When a person is under supervision for the first time as
a result of a conviction for an offense requiring reporting as a
sex offender, the department, a chief of police or a county
sheriff shall release, upon request, only the following
information about the sex offender:
(A) The sex offender's name and date of birth;
(B) A physical description of the sex offender and a
photograph, if applicable;
(C) The name and zip code of the city where the sex offender
resides; and
(D) The name and telephone number of a contact person at the
agency that is supervising the sex offender.
(b) Notwithstanding paragraph (a) of this subsection, if the
sex offender is under the supervision of the Oregon Youth
Authority or a county juvenile department, the Department of
State Police, chief or police or county sheriff shall release
only:
(A) The sex offender's name and year of birth;
(B) The name and zip code of the city where the sex offender
resides; and
(C) The name and telephone number of a contact person at the
agency that is supervising the sex offender.
(c) An agency that supervises a sex offender shall release,
upon request, any information that may be necessary to protect
the public concerning the sex offender.
(3) Except as otherwise limited by subsection (2)(a) and (b) of
this section regarding persons who are under supervision for the
first time as sex offenders, the Department of State Police, a
chief of police or a county sheriff shall release, upon request,
any information that may be necessary to protect the public
concerning sex offenders who reside in a specific area or
concerning a specific sex offender. However, the entity releasing
the information may not release the identity of a victim of a sex
crime.
(4)(a) The department may make the information described in
subsections (2) and (3) of this section available to the public,
without the need for a request, by electronic or other means. The
department shall make information about a person who is under
supervision for the first time as a result of a conviction for an
offense that requires reporting as a sex offender accessible only
by the use of the sex offender's name. For all other sex
offenders, the department may make the information accessible in
any manner the department chooses.
{ - (b) Notwithstanding paragraph (a) of this subsection, the
department may use the Internet to make the information described
in subsections (2) and (3) of this section available to the
public only if the information is about a person determined to be
a predatory sex offender as provided in ORS 181.585 or found to
be a sexually violent dangerous offender under ORS 144.635. - }
{ + (b) Notwithstanding paragraph (a) of this subsection, the
department may not use the Internet to make information available
to the public except as required by paragraph (c) of this
subsection.
(c) Notwithstanding subsections (2) and (3) of this section,
the department shall use the Internet to make the information
described in paragraph (d) of this subsection available to the
public if the information is about a person:
(A) Determined to be a predatory sex offender, as provided in
ORS 181.585, who has also been determined, pursuant to rules of
the agency making the predatory sex offender determination, to
present the highest risk of reoffending and to require the widest
range of notification; or
(B) Found to be a sexually violent dangerous offender under ORS
144.635.
(d) The information required to be made available under
paragraph (c) of this subsection is:
(A) The person's name and address;
(B) A physical description of the person including, but not
limited to, the person's age, height, weight and eye and hair
color;
(C) The type of vehicle that the person is known to drive;
(D) Any conditions or restrictions upon 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. + }
(5) The Law Enforcement Data System may send sex offender
information to the National Crime Information Center as part of
the national sex offender registry in accordance with appropriate
state and federal procedures.
(6) As used in this section:
(a) 'Sex crime' has the meaning given that term in ORS 181.594.
(b) 'Sex offender' means a person who is required to report
under ORS 181.595, 181.596 or 181.597.
SECTION 2. { + The Department of State Police shall consider:
(1) Contracting with a private vendor to build and maintain the
Internet website required by ORS 181.592 (4)(c).
(2) Adding links on the website required by ORS 181.592 (4)(c)
that connect to other sex offender websites run by Oregon
counties and by the federal government. + }
SECTION 3. { + The amendments to ORS 181.592 by section 1 of
this 2005 Act become operative on July 1, 2006. + }
SECTION 4. { + The Department of State Police may take any
action before the operative date of the amendments to ORS 181.592
by section 1 of this 2005 Act that is necessary to enable the
department to exercise, on and after that date, the duties
imposed on the department by the amendments to ORS 181.592 by
section 1 of this 2005 Act. + }
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