77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 40

LC 190/SB 40-7

                      SENATE AMENDMENTS TO
                         SENATE BILL 40

                    By COMMITTEE ON JUDICIARY

                            April 22

  On page 1 of the printed bill, line 3, after '161.705, ' insert
'166.291, 342.143, 419C.239, 419C.420, 419C.443,'.
  Delete lines 8 through 19 and insert:
  '  { +  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. + } ' .
  On page 3, after line 31, insert:
  '  { +  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.'.
  In line 32, delete '6' and insert '12'.
  In line 34, delete '7' and insert '13'.
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