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

CCA to B-Eng. SB 673

LC 3514/SB 673-B9

               CONFERENCE COMMITTEE AMENDMENTS TO
                   B-ENGROSSED SENATE BILL 673

                             June 27

                         Amended Summary
   Enhances penalties for crime of trafficking in persons if
victim was under 15 years of age or force was used and
trafficking was for purpose of commercial sex acts. Punishes by
maximum of 20 years' imprisonment, $375,000 fine, or both.
    { - Specifies mandatory minimum sentence on first conviction
for crime of patronizing a prostitute when prostitute is minor.
Allows court to designate offense as sex crime upon first
conviction.  Increases penalties for second conviction. Punishes
by maximum of five years' imprisonment, $125,000 fine, or both.
Directs court to designate offense as sex crime upon second
conviction. - }
   { +  Removes enhanced penalties for crime of patronizing a
prostitute when victim is minor.
  Creates crime of purchasing sex with a minor. Punishes by
maximum of five years' imprisonment, $125,000 fine, or both,
specifies mandatory minimum sentence and fine and allows court to
designate offense as sex crime upon first conviction. Punishes by
maximum of 10 years' imprisonment, $250,000 fine, or both,
specifies mandatory fine and directs court to designate offense
as sex crime upon second conviction. + }
  Adds crimes to statute restricting evidence relating to victim
in certain sex cases. Adds crimes to statute allowing district
attorney to intercept electronic communication for investigation.
Allows additional time for restitution claims for victims of
certain crimes.
  Authorizes Board on Public Safety Standards and Training to
require peace officers to participate in training to recognize
and investigate trafficking.
  Declares emergency, effective on passage.

President Courtney:
  Your Conference Committee to whom was referred B-engrossed
Senate Bill 673, having had the same under consideration,
respectfully reports it back with the recommendation that the
Senate concur in the House amendments dated June 5 and that the
bill be amended as follows and repassed.

  On page 2 of the printed B-engrossed bill, line 15, delete the
boldfaced material.
  Delete lines 17 through 45.
  On page 3, delete lines 1 through 10 and insert:
  '  { +  SECTION 3. + }  { + Section 4 is added to and made a
part of ORS 163.355 to 163.427. + }
  '  { +  SECTION 4. + }  { + (1) A person commits the crime of
purchasing sex with a minor if the person pays, or offers or
agrees to pay, a fee to engage in sexual intercourse or sexual
contact with a minor.

  ' (2)(a) If the person does not have a prior conviction under
this section at the time of the offense, purchasing sex with a
minor is a Class C felony and the person may use a defense
described in ORS 163.325 only if the minor was at least 16 years
of age.
  ' (b) If the person has one or more prior convictions under
this section at the time of the offense, purchasing sex with a
minor is a Class B felony, the state need not prove that the
person knew the minor was under 18 years of age and the person
may not use a defense described in ORS 163.325.
  ' (3)(a) When a person is convicted under this section, 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) 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, a term of incarceration of at least 30 days and
completion of a john school program.
  ' (B) For a person's second or subsequent conviction, a fine in
the amount of $20,000 and the court shall designate the offense
as a sex crime under ORS 181.594.
  ' (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 this section, 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 minor as reported to the defendant require the
defendant to register and report as a sex offender for the safety
of the community.
  ' (4) As used in this section:
  ' (a) 'John school' means any course, class or program intended
to educate and prevent recidivism of persons who have been
arrested for, charged with or convicted of patronizing a
prostitute or purchasing sex with a minor or attempting to
patronize a prostitute or purchase sex with a minor.
  ' (b) 'Minor' means a person under 18 years of age. + } ' .
  In line 11, delete '3' and insert '5'.
  On page 4, line 37, delete '4' and insert '6'.
  On page 5, line 5, delete '167.008,'.
  In line 6, delete the first 'or' and insert a comma and after
'475.910' insert 'or section 4 of this 2013 Act'.
  On page 6, line 30, delete '5' and insert '7'.
  On page 7, line 36, delete '6' and insert '8'.
  On page 9, line 9, delete '7' and insert '9'.
  In line 31, delete '8' and insert '10'.
  On page 10, delete lines 31 through 33 and insert:
  ' (t) Purchasing sex with a minor if the court designates the
offense as a sex crime pursuant to section 4 (3)(d) of this 2013
Act, or the offense is the defendant's second or subsequent
conviction under section 4 (3)(b)(B) of this 2013 Act;'.
  On page 11, line 4, delete '9' and insert '11'.
  In line 26, after '163.266' insert ', to purchase sex with a
minor as described in section 4 of this 2013 Act'.
  On page 13, line 9, delete '10' and insert '12' and delete '11'
and insert '13'.
  In line 11, delete '11' and insert '13'.
  In line 16, delete '12' and insert '14'.
  In line 25, delete '13' and insert '15'.
  On page 14, line 6, delete '14' and insert '16'.
  In line 19, delete '15' and insert '17' and after '(1) ' insert
'Section 4 of this 2013 Act and'.
  In line 20, delete '8' and insert '10'.
  In line 22, delete '3, 4, 5 and 7' and insert '5, 6, 7 and 9'.
  In line 24, delete '16' and insert '18' and delete '5 ' and
insert '7' and delete '12' and insert '14'.
  In line 26, delete '17' and insert '19'.

                         /sFloyd Prozanski
                           Senator

                         /sBetsy Close
                           Senator

                         /sArnie Roblan
                           Senator

                         /sWally Hicks
                           Representative

                         /sCarolyn Tomei
                           Representative

                         /sJennifer Williamson
                           Representative
                         ----------