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signed · Oregon · Senate Aug 18, 2021

SB 397: Relating to expungement.

Modifies procedure for filing motion ] procedures for motions to set aside conviction, arrest, citation , or ] charge , finding of contempt of court or judgment of guilty except for insanity . Eliminates fees, fingerprinting and background check ] filing fee and requires person to provide fingerprint card and criminal record check fee, if required, directly to Department of State Police . Reduces waiting period for filing motion if person was revoked from probation , is seeking to set aside Class B felony or was convicted of other offense ] or state elects not to proceed with prosecution . Modifies waiting periods for filing of motion for conviction or guilty except for insanity judgment based upon offense classification. Aligns time period prior to filing of motion, during which person may not have any other convictions other than motor vehicle violations, to waiting period. Authorizes prosecuting attorney to object to motion to set aside conviction or guilty except for insanity judgment within 120 days of motion. Provides that court shall grant motion to set aside arrest, citation or charge, or motion to set aside conviction if no objection received. Modifies standard for granting motion over objection. Prohibits prosecuting attorney from conditioning plea offer on defendant's waiver of ability to set aside conviction. Prohibits prosecuting attorney from conditioning agreement not to object to entry of guilty except for insanity judgment on defendant's waiver of ability to set aside judgment. Prohibits criminal history data provider from including in criminal history report information that fails to reflect material changes to criminal history occurring more than 60 days before date of report. Provides that violation of prohibition constitutes unlawful trade practice.
Chuck Riley (D) Janeen Sollman (D) Floyd Prozanski (D) Duane Stark (R) · 5 co-sponsors
signed · Oregon · Senate Aug 18, 2021

SB 418: Relating to law enforcement interviews of persons under 18 years of age.

Prohibits peace officer from using deceit, trickery or artifice during interview of youth concerning act that, if committed by adult, would constitute crime. ] Creates rebuttable presumption that statement made by person under 18 years of age, during custodial interview in connection with investigation into certain acts, is involuntary if peace officer intentionally used false information to elicit statement.
Chris Gorsek (D) · 5 co-sponsors
signed · Oregon · Senate Aug 18, 2021

SB 588: Relating to sick time exemption for certain employees covered by collective bargaining agreements; and prescribing an effective date.

Provides that employer signatories to multiemployer collective bargaining agreements are considered to have met minimum requirements of sick time provisions if terms of collective bargaining agreement provide, as benefit to employees subject to agreement, sick leave policy or other paid time off program that is substantially equivalent to or more generous than minimum requirements of sick time provisions. Removes provision that exempts certain employees who are covered under collective bargaining agreement from sick leave requirements. Provides that minimum sick time requirements do not apply to certain longshore workers. Declares emergency, effective on passage. ] Takes effect on January 1, 2023.
Kathleen Taylor (D) · 4 co-sponsors
signed · Oregon · Senate Aug 18, 2021

SB 836: Relating to the administration of alternative incarceration programs; and declaring an emergency.

Directs Department of Corrections to consider all other alternatives before suspending or terminating alternative incarceration program in its entirety for more than five consecutive days. Requires department to provide ] report certain information to Legislative Assembly committees related to judiciary within 14 ] 30 days of such suspension or termination. Requires department to regularly report to committees concerning other program interruptions. Requires department to communicate with adults in custody participating in alternative incarceration program concerning changes to and decisions concerning program and effect on release dates. Requires that alternative incarceration programs be trauma-informed and gender-responsive. Declares emergency, effective on passage.
Michael Dembrow (D) · 2 co-sponsors
signed · Oregon · Senate Aug 18, 2021

SB 707: Relating to notices to children placed in out-of-state residential facilities; and declaring an emergency.

Directs Department of Human Services to provide certain notices to children and wards whom department placed in out-of-state residential facilities between January 1, 2016, and June 30, 2020, and upon request to provide representatives of children and wards with certain documentation and information. Directs department to obtain records from out-of-state residential facilities in which department placed child or ward between January 1, 2016, and June 30, 2020. Requires department to retain records for 20 years. Sunsets January 2, 2022 ] 2043 . Declares emergency, effective on passage.
signed · Oregon · Senate Aug 18, 2021

SB 813: Relating to civil proceedings; and declaring an emergency.

Directs State Court Administrator to study civil proceedings. Requires report to interim committee of Legislative Assembly related to judiciary. ] Sunsets January 2, 2023. ] Clarifies applicability of provisions extending time to commence action or give notice of claim when expiration of time falls within state of emergency related to COVID-19. Declares emergency, effective on passage.
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