(1) A person who meets the criteria described in ORS 181.830 and seeks relief from the requirement to report under ORS 181.595, 181.596 or 181.597 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 motion for relief from the requirement to report and an affidavit of eligibility with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the motion and affidavit on the district attorney for that county.
(b) If the person was convicted in another jurisdiction of an offense or adjudicated in another jurisdiction for an act giving rise to the obligation to report, file a petition for relief from the requirement to report and an affidavit of eligibility with the circuit court of the county in which the person resides and serve a copy of the petition and affidavit on the district attorney for that county.
(2) The court shall schedule a hearing more than 90 days from the date of the filing described in subsection (1) of this section. The court shall notify the person and the district attorney of the date of the hearing.
(3)(a) Upon receipt of the affidavit described in subsection (1) 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 181.595, 181.596 or 181.597. The court shall enter the order.
(c) If the district attorney contests the request for relief, the district attorney shall notify the person of that determination within 90 days.
(4) At the hearing, the state has the burden of proving that the person does not meet the eligibility requirements described in ORS 181.830.
(5)(a) If the court finds, by a preponderance of the evidence, that the person does not meet the eligibility requirements described in ORS 181.830, the court shall enter an order denying the request for relief.
(b) If the court does not make the finding described in paragraph (a) of this subsection, the court shall enter an order relieving the person from the requirement to report.
(6)(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 181.595, 181.596 or 181.597.
(7) The order entered under subsection (5) of this section is not subject to appeal.
(8) The Oregon Evidence Code does not apply to the hearing described in subsection (4) of this section. [2007 c.627 §3]
Note: Section 6, chapter 627, Oregon Laws 2007, provides:
Sec. 6. Section 3 of this 2007 Act [181.833] applies to persons:
(1) Convicted of an offense or adjudicated for an act in this state before the effective date of this 2007 Act [January 1, 2008]; and
(2) Convicted of an offense or adjudicated for an act in another jurisdiction before, on or after the effective date of this 2007 Act. [2007 c.627 §6]
Section: Previous 181.798 181.799 181.820 181.823 181.826 181.830 181.832 181.833 181.850 181.852 181.854 181.860 181.870 181.871 181.873 NextLast modified: August 7, 2008