Chapter 843 Oregon Laws 2001

AN ACT

SB 956

Relating to civil actions; creating new provisions; and amending ORS 124.100.

Be It Enacted by the People of the State of Oregon:

SECTION 1. In any civil action arising out of conduct that would constitute a violation of ORS 167.312 or 167.388, the court shall award treble the amount of damages caused to real or personal property by the violation. In addition, in any civil action arising out of conduct that would constitute a violation of ORS 167.312, the court shall award the costs of repeating experiments, including but not limited to the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation.

SECTION 2. Section 1 of this 2001 Act applies only to causes of action arising on or after the effective date of this 2001 Act.

SECTION 3. ORS 124.100 is amended to read:

124.100. (1) An elderly or incapacitated person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a) All economic damages, as defined in ORS 18.560, resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b) All noneconomic damages, as defined by ORS 18.560, resulting from the physical or financial abuse.

(c) Reasonable attorney fees incurred by the plaintiff.

(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

(2) An action may be brought under the provisions of this section only by a person who is 65 or more years of age, by an incapacitated person, [or] by a guardian, conservator or attorney-in-fact for a person who is incapacitated or 65 or more years of age or by a personal representative for the estate of a decedent who was incapacitated or 65 or more years of age at the time of death. A person shall be considered incapacitated for the purposes of ORS 124.100 to 124.140 if the person is either incapacitated as defined in ORS 125.005 or financially incapable as defined in ORS 125.005.

(3) An action may only be brought under the provisions of this section for physical abuse described in ORS 124.105 or for financial abuse described in ORS 124.110.

(4) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

(5) A person commencing an action under this section must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced.

Approved by the Governor July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date January 1, 2002

__________