Bill Text: OR SB673 | 2013 | Regular Session | Amended

Oregon Senate Bill 673 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to sex trafficking of children; and declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-08 - Effective date, August 1, 2013. [SB673 Detail]

Download: Oregon-2013-SB673-Amended.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 673

LC 3514/SB 673-1

                      SENATE AMENDMENTS TO
                         SENATE BILL 673

                    By COMMITTEE ON JUDICIARY

                            April 26

  On page 1 of the printed bill, line 3, delete '161.005, ' and
'166.715,'.
  Delete lines 6 through 29.
  On page 2, delete lines 1 and 2.
  In line 3, delete '3' and insert '1'.
  In line 18, delete '18' and insert '15'.
  Delete lines 27 through 45.
  On page 3, delete lines 1 through 3 and insert:
  '  { +  SECTION 2. + } 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)  { + Except as provided in subsection (3) of this
section, + } 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, { +  the Oregon
Criminal Justice Commission shall classify the offense as a
person Class A misdemeanor. + } 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 { +  and a term of incarceration of at least 30 days + }.
  ' (B) For a person's second conviction, a fine in the amount of
$20,000 { + , + }   { - and - }  a term of incarceration of at
least   { - seven - }  { +  90 + } days { +  and the court shall
designate the offense as a sex crime under ORS 181.594 + }.
  ' (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 - }  { +  the offense is a Class C felony,
the Oregon Criminal Justice Commission shall classify the offense
as a person felony and a crime category 8 of the sentencing
guidelines grid of the commission and the court shall impose the
presumptive sentence of imprisonment under the rules of the
commission + }.
  ' (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) For a person's first conviction under paragraph (a)
of this subsection, the court may designate the offense as a sex
crime under ORS 181.594 if the court finds that the circumstances
of the offense and the age of the prostitute as reported to the
defendant require the defendant to report as a sex offender for
the safety of the community.
  ' (e) In a prosecution in which it is alleged that this
subsection applies, conduct constituting a single criminal
episode, as that term is defined in ORS 131.505, may only give
rise to one charge even if the person paid or offered or agreed
to pay a fee to more than one minor to engage in sexual conduct
or sexual contact. + }
  '  { - (d) - }  { +  (f) + } 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) - }  { +  (g) + } As used in this subsection,
'minor' means a person under 18 years of age.'.
  In line 4, delete '5' and insert '3'.
  In line 6, delete 'or section 1 of this 2013 Act'.
  On page 4, line 18, delete '6' and insert '4'.
  In line 32, delete 'or section 1 of this 2013 Act'.
  On page 6, line 11, delete '7' and insert '5'.
  In line 34, delete 'or section 1 of this 2013 Act'.
  On page 7, line 18, delete '8' and insert '6'.
  On page 8, line 36, delete '9' and insert '7'.
  On page 9, delete lines 13 through 45 and delete page 10.
  On page 11, delete lines 1 through 36.
  In line 37, delete '11' and insert '8'.
  On page 12, delete lines 36 and 37 and insert:
  ' (s) Trafficking in persons as described in ORS 163.266 (1)(b)
or (c);
  ' (t) Patronizing a prostitute if the court designates the
offense as a sex crime pursuant to ORS 167.008 (3)(d), or the
offense is the defendant's second or subsequent conviction under
ORS 167.008 (3);'.
  On page 13, line 8, delete '12' and insert '9'.
  In line 28, restore the bracketed material.
  In line 30, delete the comma and restore the bracketed
material.
  In line 31, after '167.008' insert a period and delete the rest
of the line and lines 32 through 34.
  On page 15, delete lines 16 through 27 and insert:
  '  { +  SECTION 10. + }  { + Section 11 of this 2013 Act is
added to and made a part of ORS 181.610 to 181.712. + }
  '  { +  SECTION 11. + }  { + The Board on Public Safety
Standards and Training may require that all police officers and
certified reserve officers are trained to recognize, investigate
and report cases involving labor trafficking and sex trafficking
of children and adults at any advanced training program operated
or authorized by the Department of Public Safety Standards and
Training. + } ' .
  In line 28, delete '14' and insert '12'.
  In line 37, delete '15' and insert '13'.
  On page 16, line 18, delete '16' and insert '14'.
  In line 31, delete '17' and insert '15'.
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