As noted in the article on HJR 34, the ACLU challenged portions of the 2007 laws that made it a crime to provide sexually explicit material to minors in Powell’s Books v. Kroger. Because the 9th Circuit held one law unconstitutional and a portion of another law unconstitutional, we looked for an opportunity to repeal those unconstitutional provisions.
We believe it is important to remove unconstitutional laws from the Oregon Revised Statutes. Not doing so creates the risk that law enforcement may charge someone with an invalid law or, in the alternative, mistakenly believe that all the 2007 laws are unconstitutional and not use even the constitutional portions.
Since we did this late in the session, we found a bill that, in its original form, had already passed the House but was not necessary because there was a duplicate version already moving forward. We did what is called a “gut and stuff” and removed the original contents of HB 3323 and added new language that repealed the unconstitutional 2007 laws. The bill was heard in the Senate Judiciary, which adopted our amendments and passed HB 3323 A-Eng. to the Senate floor. It passed the Senate 28-2. It moved back to the House and with a motion for concurrence by the Co-Chair of the House Judiciary (where HB 3323 was heard in its original form), HB 3323 was re-passed in its amended form by the House by a vote of 57-3.
WIN: PASSED INTO LAW