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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2472
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Judiciary for Oregon Criminal Defense Lawyers Association)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes the burden of proof at hearings to decide whether a young person must
report as a sex offender.(Flesch Readability Score: 64.6).
Shifts the burden of proof to the state during hearings on the issue of sex offender reporting by
juvenile offenders.
A BILL FOR AN ACT
Relating to juvenile offenders; creating new provisions; and amending ORS 163A.030.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163A.030 is amended to read:
163A.030. (1)(a) Except as provided in subsection (6) of this section, the juvenile court shall hold
a hearing on the issue of reporting as a sex offender by a person who has been found to be within
the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be re-
sponsible except for insanity under ORS 419C.411, for having committed an act that if committed
by an adult would constitute a felony sex crime if:
(A) The person was adjudicated on or after August 12, 2015; or
(B) The person was adjudicated before August 12, 2015, and was still under the jurisdiction of
the juvenile court or the Psychiatric Security Review Board on April 4, 2016.
(b) Unless the court continues the hearing described in this section for good cause, the hearing
must be held:
(A) During the six-month period before the termination of juvenile court jurisdiction over the
person;or
(B) During the six-month period after the court receives the notice described in subsection (2)
of this section from the Psychiatric Security Review Board, if the person was placed under the ju-
risdiction of the board.
(c) The court shall notify the person of the person’s right to a hearing under this section upon
finding the person within the jurisdiction of the juvenile court under ORS 419C.005.
(2)(a) The county or state agency responsible for supervising the person shall notify the person
and the juvenile court when the agency determines that termination of jurisdiction is likely to occur
within six months.
(b) If the Psychiatric Security Review Board discharges a person prior to the end of the board’s
jurisdiction over the person, the board shall notify the juvenile court within three business days
after the discharge date.
(3) Upon receipt of the notice described in subsection (2) of this section, the court shall:
(a) Appoint an attorney for the person as described in subsection (4) of this section;
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(b) Set an initial hearing date; and
(c) Notify the parties and the juvenile department or the Psychiatric Security Review Board, if
the department or board is supervising or has jurisdiction over the person, of the hearing at least
60 days before the hearing date.
(4)(a) A person who is the subject of a hearing under this section has the right to be represented
by a suitable attorney possessing skills and experience commensurate with the nature and com-
plexity of the case, to consult with the attorney prior to the hearing and to have a suitable attorney
appointed at state expense.
(b) In order to comply with the right to counsel under paragraph (a) of this subsection, the court
may:
(A) Continue the appointment of the attorney appointed under ORS 419C.200 at the time of dis-
position;
(B) Set a date prior to the hearing under this section in order to reappoint the attorney ap-
pointed under ORS 419C.200; or
(C) Appoint or reappoint an attorney at any time in response to a request by the person who
is the subject of a hearing under this section.
(5)(a) The district attorney shall notify the victim prior to the hearing of the right to appear and
the right to be heard under ORS 419C.273.
(b) If the person is under the jurisdiction of the Psychiatric Security Review Board, the board
shall notify the following of the hearing:
(A) The mental health agency providing services to the person, if any;
(B) The person’s board defense attorney; and
(C) The assistant attorney general representing the state at board hearings.
(6)(a) A person may waive the right to the hearing described in this section only after receiving
the notice described in subsection (2)(a) of this section and after consultation with the person’s at-
torney. If the court finds that the person has knowingly waived the right to a hearing, the court
shall enter an order requiring the person to report as a sex offender under ORS 163A.025.
(b) If a person fails to appear at a hearing described in this section, the court may enter an
order requiring the person to report as a sex offender under ORS 163A.025.
(7) At the hearing described in subsection (1) of this section:
(a) The district attorney, the victim, the person and the juvenile department or a representative
of the Oregon Youth Authority shall have an opportunity to be heard.
(b) The [person who is the subject of the hearing] district attorney has the burden of proving
by clear and convincing evidence that the person is not rehabilitated and [does not pose] poses a
threat to the safety of the public. If the court finds that the [person has not] district attorney has
met the burden of proof, the court shall enter an order requiring the person to report as a sex
offender under ORS 163A.025.
(8) In determining whether the [person] district attorney has met the burden of proof, the ju-
venile court may consider but need not be limited to considering:
(a) The extent and impact of any physical or emotional injury to the victim;
(b) The nature of the act that subjected the person to the duty of reporting as a sex offender;
(c) Whether the person used or threatened to use force in committing the act;
(d) Whether the act was premeditated;
(e) Whether the person took advantage of a position of authority or trust in committing the act;
(f) The age of any victim at the time of the act, the age difference between any victim and the
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person and the number of victims;
(g) The vulnerability of the victim;
(h) Other acts committed by the person that would be crimes if committed by an adult and
criminal activities engaged in by the person before and after the adjudication;
(i) Statements, documents and recommendations by or on behalf of the victim or the parents of
the victim;
(j) The person’s willingness to accept personal responsibility for the act and personal account-
ability for the consequences of the act;
(k) The person’s ability and efforts to pay the victim’s expenses for counseling and other
trauma-related expenses or other efforts to mitigate the effects of the act;
(L) Whether the person has participated in and satisfactorily completed a sex offender treatment
program or any other intervention, and if so the juvenile court may also consider:
(A) The availability, duration and extent of the treatment activities;
(B) Reports and recommendations from the providers of the treatment;
(C) The person’s compliance with court, board or supervision requirements regarding treatment;
and
(D) The quality and thoroughness of the treatment program;
(m) The person’s academic and employment history;
(n) The person’s use of drugs or alcohol before and after the adjudication;
(o) The person’s history of public or private indecency;
(p) The person’s compliance with and success in completing the terms of supervision;
(q) The results of psychological examinations of the person;
(r) The protection afforded the public by records of sex offender registration; and
(s) Any other relevant factors.
(9) In a hearing under this section, the juvenile court may receive testimony, reports and other
evidence, without regard to whether the evidence is admissible under ORS 40.010 to 40.210 and
40.310 to 40.585, if the evidence is relevant evidence related to the determination and findings re-
quired under this section. As used in this subsection, “relevant evidence” has the meaning given
that term in ORS 40.150.
(10)(a) In a hearing under this section, the Oregon Youth Authority or the juvenile department,
if either agency is supervising the person, or the Psychiatric Security Review Board, if the board
has jurisdiction over the person, shall file with the juvenile court the following records and mate-
rials in the possession of the agency or board at least 45 days prior to the hearing unless good cause
isshown:
(A) Evaluations and treatment records concerning the person conducted by a clinician or pro-
gram operating under the standards of practice for the evaluation and treatment of juvenile sex
offenders adopted by the Sexual Offense Treatment Board under ORS 675.400, and recommendations
contained therein regarding the need for the person to register in order to protect the public from
future sex crimes;
(B) All examination preparation material and examination records from polygraph examinations
conducted by or for the treatment provider, juvenile department or Oregon Youth Authority; and
(C) The Psychiatric Security Review Board exhibit file.
(b) Any records and materials filed with the court under this subsection shall be made available
to the parties in accordance with ORS 419A.255.
(11)(a) When the juvenile court enters an order described in subsection (6)(a) or (7)(b) of this
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section, the court shall ensure that the person completes a form that documents the person’s obli-
gation to report under ORS 163A.025. No later than three business days after the person completes
the form required by this subsection, the court shall ensure that the form is sent to the Department
of State Police.
(b) If the court enters an order under this section, no later than three business days after entry
of the order, the court shall ensure that the order is sent to the Department of State Police.
(12) Notwithstanding ORS 419C.005 (4)(c), (d) and (e), the juvenile court retains jurisdiction over
a person for purposes of this section.
(13) As used in this section, “parties” means the person, the state as represented by the district
attorney or the juvenile department, and the Oregon Youth Authority or other child care agency,
if the person is temporarily committed to the authority or agency.
SECTION 2. The amendments to ORS 163A.030 by section 1 of this 2025 Act apply to
hearings conducted on or after the effective date of this 2025 Act.
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