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 190

                           A-Engrossed

                         Senate Bill 40
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

   { +  Defines 'marijuana' and 'marijuana product.' + }
  Reduces unlawful manufacture of marijuana to Class B felony.
Punishes by maximum of 10 years' imprisonment, $250,000 fine, or
both.
  Reduces unlawful possession of { +  four ounces or more of + }
marijuana to Class C felony. Punishes by maximum of five years'
imprisonment, $125,000 fine, or both. { +  Reduces unlawful
possession of one ounce or more but less than four ounces of
marijuana to Class B misdemeanor. Punishes by maximum of six
months' imprisonment, $2,500 fine, or both. Reduces unlawful
possession of less than one ounce of marijuana to Class B
violation. Punishes by presumptive fine of $260.
  Reduces unlawful possession of one-quarter ounce or more of
marijuana product to Class C felony. Punishes by maximum of five
years' imprisonment, $125,000 fine, or both. Reduces unlawful
possession of less than one-quarter ounce of marijuana product to
Class B misdemeanor. Punishes by maximum of six months'
imprisonment, $2,500 fine, or both. + }
  Amends exceptions to classification of Schedule I and Schedule
II controlled substances to reflect rescheduling of
methamphetamine and marijuana.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to classification of controlled substance offenses;
  creating new provisions; amending ORS 161.570, 161.705,
  166.291, 342.143, 419C.239, 419C.420, 419C.443, 475.752,
  475.856 and 475.864; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.856 is amended to read:
  475.856. (1) It is unlawful for any person to manufacture
marijuana.
  (2) Unlawful manufacture of marijuana is a   { - Class A - }
 { + Class B + } felony.
  SECTION 2. ORS 475.864 is amended to read:
  475.864.  { + (1) As used in this section:
  (a) 'Marijuana' means the leaves, stems and flowers of the
plant Cannabis family Moraceae.
  (b) 'Marijuana product' has the meaning given the term '
marijuana' in ORS 475.005 (16), but does not include the leaves,
stems and flowers of the plant Cannabis family Moraceae. + }
    { - (1) - }   { + (2) + } It is unlawful for any person
knowingly or intentionally to possess marijuana { +  or marijuana
product + }.
    { - (2) - }  { +  (3)(a) + } Unlawful possession of { +  four
avoirdupois ounces or more of + } marijuana is a Class
 { - B - }  { +  C + } felony.
   { +  (b) Unlawful possession of one avoirdupois ounce of
marijuana or more, but less than four avoirdupois ounces, is a
Class B misdemeanor.
  (c) Unlawful possession of less than one avoirdupois ounce of
marijuana is a Class B violation. + }
    { - (3) Notwithstanding subsection (2) of this section,
unlawful possession of marijuana is a violation if the amount
possessed is less than one avoirdupois ounce of the dried leaves,
stems and flowers of the plant Cannabis family Moraceae. A
violation under this subsection is a specific fine violation. The
presumptive fine for a violation under this subsection is
$650. - }
    { - (4) Notwithstanding subsections (2) and (3) of this
section, unlawful possession of marijuana is a Class C
misdemeanor if the amount possessed is less than one avoirdupois
ounce of the dried leaves, stems and flowers of the plant
Cannabis family Moraceae and the possession takes place in a
public place, as defined in ORS 161.015, that is within 1,000
feet of the real property comprising a public or private
elementary, secondary or career school attended primarily by
minors. - }
   { +  (4)(a) Unlawful possession of one-quarter avoirdupois
ounce or more of marijuana product is a Class C felony.
  (b) Unlawful possession of less than one-quarter avoirdupois
ounce of marijuana product is a Class B misdemeanor. + }
  SECTION 3. ORS 475.752 is amended to read:
  475.752. (1) Except as authorized by ORS 475.005 to 475.285 and
475.752 to 475.980, it is unlawful for any person to manufacture
or deliver a controlled substance. Any person who violates this
subsection with respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
A felony, except as otherwise provided in ORS   { - 475.860 - }
 { +  475.886 and 475.890 + }.
  (b) A controlled substance in Schedule II, is guilty of a Class
B felony, except as otherwise provided in ORS  { + 475.858,
475.860, 475.862, + } 475.878, 475.880, 475.882,   { - 475.888,
475.890, 475.892, - }  475.904 and 475.906.
  (c) A controlled substance in Schedule III, is guilty of a
Class C felony, except as otherwise provided in ORS 475.904 and
475.906.
  (d) A controlled substance in Schedule IV, is guilty of a Class
B misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a Class
C misdemeanor.
  (2) Except as authorized in ORS 475.005 to 475.285 and 475.752
to 475.980, it is unlawful for any person to create or deliver a
counterfeit substance. Any person who violates this subsection
with respect to:
  (a) A counterfeit substance in Schedule I, is guilty of a Class
A felony.
  (b) A counterfeit substance in Schedule II, is guilty of a
Class B felony.

  (c) A counterfeit substance in Schedule III, is guilty of a
Class C felony.
  (d) A counterfeit substance in Schedule IV, is guilty of a
Class B misdemeanor.
  (e) A counterfeit substance in Schedule V, is guilty of a Class
C misdemeanor.
  (3) It is unlawful for any person knowingly or intentionally to
possess a controlled substance unless the substance was obtained
directly from, or pursuant to  { - , - }  a valid prescription or
order of { + , + } a practitioner while acting in the course of
professional practice, or except as otherwise authorized by ORS
475.005 to 475.285 and 475.752 to 475.980. Any person who
violates this subsection with respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
B felony, except as otherwise provided in ORS   { - 475.864 - }
 { +  475.894 + }.
  (b) A controlled substance in Schedule II, is guilty of a Class
C felony { + , except as otherwise provided in ORS 475.864 + }.
  (c) A controlled substance in Schedule III, is guilty of a
Class A misdemeanor.
  (d) A controlled substance in Schedule IV, is guilty of a Class
C misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a
violation.
  (4) In any prosecution under this section for manufacture,
possession or delivery of that plant of the genus Lophophora
commonly known as peyote, it is an affirmative defense that the
peyote is being used or is intended for use:
  (a) In connection with the good faith practice of a religious
belief;
  (b) As directly associated with a religious practice; and
  (c) In a manner that is not dangerous to the health of the user
or others who are in the proximity of the user.
  (5) The affirmative defense created in subsection (4) of this
section is not available to any person who has possessed or
delivered the peyote while incarcerated in a correctional
facility in this state.
  (6)(a) Notwithstanding subsection (1) of this section, a person
who  { + unlawfully + } manufactures or delivers a controlled
substance in Schedule IV and who thereby causes death to
 { - any - }  { +  another + } person is guilty of a Class C
felony.
  (b) For purposes of this subsection, causation is established
when the controlled substance plays a substantial role in the
death of   { - any - }   { + the other + } person.
  SECTION 4. ORS 161.570 is amended to read:
  161.570. (1) As used in this section, 'nonperson felony ' has
the meaning given that term in the rules of the Oregon Criminal
Justice Commission.
  (2) A district attorney may elect to treat a Class C nonperson
felony or a violation of ORS 475.752 (3)(a), 475.854  { - ,
475.864 (2) - }  or 475.874 as a Class A misdemeanor. The
election must be made by the district attorney orally or in
writing at the time of the first appearance of the defendant. If
a district attorney elects to treat a Class C felony or a
violation of ORS 475.752 (3)(a), 475.854  { - , 475.864 (2) - }
or 475.874 as a Class A misdemeanor under this subsection, the
court shall amend the accusatory instrument to reflect the
charged offense as a Class A misdemeanor.
  (3) If, at some time after the first appearance of a defendant
charged with a Class C nonperson felony or a violation of ORS
475.752 (3)(a), 475.854  { - , 475.864 (2) - }  or 475.874, the
district attorney and the defendant agree to treat the charged
offense as a Class A misdemeanor, the court may allow the offense
to be treated as a Class A misdemeanor by stipulation of the
parties.
  (4) If a Class C felony or a violation of ORS 475.752 (3)(a),
475.854  { - , 475.864 (2) - }  or 475.874 is treated as a Class
A misdemeanor under this section, the court shall clearly
denominate the offense as a Class A misdemeanor in any judgment
entered in the matter.
  (5) If no election or stipulation is made under this section,
the case proceeds as a felony.
  (6) Before a district attorney may make an election under
subsection (2) of this section, the district attorney shall adopt
written guidelines for determining when and under what
circumstances the election may be made. The district attorney
shall apply the guidelines uniformly.
  (7) Notwithstanding ORS 161.635, the fine that a court may
impose upon conviction of a misdemeanor under this section may
not:
  (a) Be less than the minimum fine established by ORS 137.286
for a felony; or
  (b) Exceed the amount provided in ORS 161.625 for the class of
felony receiving Class A misdemeanor treatment.
  SECTION 5. ORS 161.705 is amended to read:
  161.705. Notwithstanding ORS 161.525, the court may enter
judgment of conviction for a Class A misdemeanor and make
disposition accordingly when:
  (1)(a) A person is convicted of any Class C felony;
  (b) A person is convicted of a Class B felony pursuant to ORS
475.860 (2)(a); { +  or + }
    { - (c) A person is convicted of the Class B felony of
possession of marijuana pursuant to ORS 475.864 (2); or - }
    { - (d) - }   { + (c) + } A person convicted of   { - any of
the felonies described in paragraphs (a) to (c) - }   { + a
felony described in paragraph (a) or (b) + } of this subsection,
or of a Class A felony pursuant to ORS 166.720, has successfully
completed a sentence of probation; and
  (2) The court, considering the nature and circumstances of the
crime and the history and character of the defendant, believes
that it would be unduly harsh to sentence the defendant for a
felony.
  SECTION 6. ORS 166.291 is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
  (b) Is at least 21 years of age;
  (c) Is a resident of the county;
  (d) Has no outstanding warrants for arrest;
  (e) Is not free on any form of pretrial release;
  (f) Demonstrates competence with a handgun by any one of the
following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
  (g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
  (h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
  (k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864   { - (3) - }   { + (3)(c) + } and has not completed a
court-supervised drug diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864   { - (3) - }   { + (3)(c) + };
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______

(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)(a) Fees for concealed handgun licenses are:
  (A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
  (B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
  (C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
  (b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.

  (6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
  (7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
  (8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 7. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
  (b) Is at least 21 years of age;
  (c) Is a resident of the county;
  (d) Has no outstanding warrants for arrest;
  (e) Is not free on any form of pretrial release;
  (f) Demonstrates competence with a handgun by any one of the
following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
  (g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
  (h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
  (k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864   { - (3) - }   { + (3)(c) + } and has not completed a
court-supervised drug diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864   { - (3) - }   { + (3)(c) + };
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States.  I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)(a) Fees for concealed handgun licenses are:
  (A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
  (B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
  (C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
  (b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
  (6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
  (7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.

  (8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 8. ORS 419C.239 is amended to read:
  419C.239. (1) A formal accountability agreement shall:
  (a) Be completed within a period of time not to exceed one
year;
  (b) Be voluntarily entered into by all parties;
  (c) Be revocable by the youth at any time by a written
revocation;
  (d) Be revocable by the juvenile department in the event the
department has reasonable cause to believe the youth has failed
to carry out the terms of the formal accountability agreement or
has committed a subsequent offense;
  (e) Not be used as evidence against the youth at any
adjudicatory hearing;
  (f) Be executed in writing and expressed in language
understandable to the persons involved;
  (g) Be signed by the juvenile department, the youth, the
youth's parent or parents or legal guardian, and the youth's
counsel, if any;
  (h) Become part of the youth's juvenile department record; and
  (i) When the youth has been charged with having committed the
youth's first violation of a provision under ORS 475.860 (3)(b)
or 475.864   { - (3) - }   { + (3)(c) + } and unless the juvenile
department determines that it would be inappropriate in the
particular case:
  (A) Require the youth to participate in a diagnostic assessment
and an information or treatment program as recommended by the
assessment. The agencies or organizations providing assessment or
programs of information or treatment must be the same as those
designated by the court under ORS 419C.443 (1) and must meet the
standards set by the Director of the Oregon Health Authority. The
parent of the youth shall pay the cost of the youth's
participation in the program based upon the ability of the parent
to pay.
  (B) Monitor the youth's progress in the program which shall be
the responsibility of the diagnostic assessment agency or
organization. It shall make a report to the juvenile department
stating the youth's successful completion or failure to complete
all or any part of the program specified by the diagnostic
assessment. The form of the report shall be determined by
agreement between the juvenile department and the diagnostic
assessment agency or organization. The juvenile department shall
make the report a part of the record of the case.
  (2) Notwithstanding any other provision of law, the following
information contained in a formal accountability agreement under
ORS 419C.230 is not confidential and is not exempt from
disclosure:
  (a) The name and date of birth of the youth;
  (b) The act alleged; and
  (c) The portion of the agreement providing for the disposition
of the youth.
  SECTION 9. ORS 419C.420 is amended to read:
  419C.420. If a youth is cited or summoned for a violation under
ORS 471.430, 475.860 (3) or 475.864   { - (3) - }
 { + (3)(c) + } and fails to appear, the court may adjudicate the
citation or petition and enter a disposition without a hearing.
  SECTION 10. ORS 419C.443 is amended to read:
  419C.443. (1) Except when otherwise provided in subsection (3)
of this section, when a youth offender has been found to be
within the jurisdiction of the court under ORS 419C.005 for a
first violation of the provisions under ORS 475.860 (3)(b) or
475.864   { - (3) - }   { + (3)(c) + }, the court shall order an
evaluation and designate agencies or organizations to perform
diagnostic assessment and provide programs of information and
treatment. The designated agencies or organizations must meet the
standards set by the Director of the Oregon Health Authority.
Whenever possible, the court shall designate agencies or
organizations to perform the diagnostic assessment that are
separate from those that may be designated to carry out a program
of information or treatment. The parent of the youth offender
shall pay the cost of the youth offender's participation in the
program based upon the ability of the parent to pay. The petition
shall be dismissed by the court upon written certification of the
youth offender's successful completion of the program from the
designated agency or organization providing the information and
treatment.
  (2) Monitoring the youth offender's progress in the program
shall be the responsibility of the diagnostic assessment agency
or organization. The agency or organization shall make a report
to the court stating the youth offender's successful completion
or failure to complete all or any part of the program specified
by the diagnostic assessment. The form of the report shall be
determined by agreement between the court and the diagnostic
assessment agency or organization. The court shall make the
report a part of the record of the case.
  (3) The court is not required to make the disposition required
by subsection (1) of this section if the court determines that
the disposition is inappropriate in the case or if the court
finds that the youth offender has previously entered into a
formal accountability agreement under ORS 419C.239 (1)(i).
  SECTION 11. ORS 342.143 is amended to read:
  342.143. (1) No teaching, personnel service or administrative
license may be issued to any person until the person has attained
the age of 18 years and has furnished satisfactory evidence of
proper educational training.
  (2) The Teacher Standards and Practices Commission may require
an applicant for a teaching, personnel service or administrative
license or for registration as a public charter school teacher or
administrator to furnish evidence satisfactory to the commission
of good moral character, mental and physical health, and such
other evidence as it may deem necessary to establish the
applicant's fitness to serve as a teacher or administrator.
  (3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section:
  (a) No teaching, personnel service or administrative license or
registration as a public charter school teacher or administrator
may be issued to any person who:
  (A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.432, 163.433, 163.435, 163.445, 163.465, 163.515, 163.525,
163.547, 163.575, 163.670, 163.675 (1985 Replacement Part),
163.680 (1993 Edition), 163.684, 163.686, 163.687, 163.688,
163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.008,
167.012, 167.017, 167.057, 167.062, 167.075, 167.080, 167.090,
475.808, 475.810, 475.812, 475.818, 475.820, 475.822, 475.828,
475.830, 475.832, 475.848, 475.852, 475.858, 475.860, 475.862,
  { - 475.864 (4), - }  475.868, 475.872, 475.878, 475.880,
475.882, 475.888, 475.890, 475.892, 475.904 or 475.906.
  (B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph.
  (C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by rule, to any of the
crimes listed in subparagraphs (A) and (B) of this paragraph.
  (D) Has had a teaching, personnel service or administrative
license or registration revoked in another jurisdiction for a
reason that is substantially equivalent, as defined by rule, to a
reason described in ORS 342.175 and the revocation is not subject
to further appeal. A person whose privilege to apply for a
license or registration is denied under this subparagraph may
apply for reinstatement of the privilege as provided in ORS
342.175 (4).
  (b) The Teacher Standards and Practices Commission may refuse
to issue a license or registration to any person who has been
convicted of a crime involving the illegal use, sale or
possession of controlled substances.
  (4) In denying the issuance of a license or registration under
this section, the commission shall follow the procedure set forth
in ORS 342.176 and 342.177.
  (5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
  SECTION 12.  { + The amendments to ORS 475.752, 475.856 and
475.864 by sections 1 to 3 of this 2013 Act apply to conduct
occurring on or after the effective date of this 2013 Act. + }
  SECTION 13.  { + 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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