ORS 163A.150
Procedure for relief under ORS 163A.140
- after conviction or adjudication
- testimony of victim
(1)
A person who meets the criteria described in ORS 163A.140 (Relief from reporting obligation) and seeks relief from the requirement to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) shall:(a)
If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a petition for relief from the requirement to report with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the petition on the district attorney for that county.(b)
If the person was convicted in another United States court of the offense or adjudicated in another United States court for the act giving rise to the obligation to report, file a petition for relief from the requirement to report and declaration of eligibility under penalty of perjury in the form required by ORCP 1 E with the circuit court of the county in which the person resides and serve a copy of the petition and declaration on the district attorney for that county.(2)
A person filing a petition under subsection (1) of this section must pay the filing fee established under ORS 21.135 (Standard filing fee). The court shall schedule a hearing more than 90 days from the date of the filing. The court shall notify the person and the district attorney of the date of the hearing.(3)
Intentionally left blank —Ed.(a)
Upon receipt of the petition described in subsection (1)(a) of this section, or the receipt of petition and declaration described in subsection (1)(b) of this section, the district attorney shall determine whether the district attorney contests the request for relief.(b)
If the district attorney does not contest the request for relief, the district attorney shall submit an order to the court relieving the person of the reporting requirements described in ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state). The court shall grant the petition.(c)
If the district attorney contests the request for relief, the district attorney shall notify the person of that determination within 90 days after receipt of the petition and, if required under subsection (1)(b) of this section, the declaration.(4)
At the hearing, the person has the burden of proving that the person meets the eligibility requirements described in ORS 163A.140 (Relief from reporting obligation).(5)
Intentionally left blank —Ed.(a)
At the hearing, the victim of the offense or act giving rise to the obligation to report:(A)
May testify voluntarily upon request.(B)
May be compelled by the person to testify only if the court issues an order allowing a subpoena upon the motion of the person.(b)
A copy of the motion for a subpoena under this subsection must be served on the district attorney.(c)
The court may not issue an order allowing a subpoena under this subsection unless the person can demonstrate good cause by showing that the victim’s testimony is material and favorable to the person’s request for relief.(d)
If the court grants an order allowing a subpoena under this subsection, the court may allow the victim to appear by telephone or other communication device approved by the court.(6)
Intentionally left blank —Ed.(a)
If the court finds, by a preponderance of the evidence, that the person meets the eligibility requirements described in ORS 163A.140 (Relief from reporting obligation), the court shall enter an order granting the request for relief from the requirement to report.(b)
If the court does not make the finding described in paragraph (a) of this subsection, the court shall enter an order denying the request for relief.(7)
Intentionally left blank —Ed.(a)
If the court relieves the person from the requirement to report, the person shall send a certified copy of the court order to the Department of State Police.(b)
Upon receipt of the order, the Department of State Police shall remove from the Law Enforcement Data System the sex offender information obtained from the sex offender registration form submitted under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state).(8)
The order entered under subsection (6) of this section is not subject to appeal.(9)
The Oregon Evidence Code and the Oregon Rules of Civil Procedure do not apply to the hearing described in subsection (2) of this section. [Formerly 181.833; 2021 c.274 §2]
Source:
Section 163A.150 — Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim, https://www.oregonlegislature.gov/bills_laws/ors/ors163A.html.
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