71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3400
 
                         House Bill 3354
 
Sponsored by Representative PATRIDGE (at the request of William
  Haberlach)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits fees for execution of order of assistance.
 
                        A BILL FOR AN ACT
Relating to child custody; amending ORS 107.437.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 107.437 is amended to read:
  107.437. (1) A person entitled to physical custody of a child
may make an ex parte application for an order of assistance to a
court of any county:
  (a) In which a child is located if the person is entitled to
the physical custody of the child under a valid and current order
issued in this state; or
  (b) In which a valid and current foreign custody order has been
filed with a petition as provided in subsection (3) of this
section.
  (2) The application must include a certified copy of the
custody order. The order of assistance may direct a law
enforcement agency having jurisdiction where the child is located
to use any reasonable means and force to deliver the child as
directed by the court. The court may issue an order of assistance
upon the sworn affidavit of the applicant and a finding of the
court that:
  (a) The applicant is entitled to physical custody of the child
under a valid and current custody order; and
  (b) The child is being held by another person in substantial
violation of the custody order.
  (3) When the application for an order of assistance is made to
a court in which the custody order has been entered or
registered, the applicant shall make the application in the form
of a motion. In all other cases, the applicant shall make the
application in the form of a petition. The court may not charge a
filing fee for a motion or petition filed under this section.
  (4) The law enforcement agency to which an order of assistance
is directed shall make a return to the court specifying whether
the order was executed, and if so, a statement reflecting the
date on which the order was executed and any other information
required by the court in the order of assistance.
  (5) A court may not issue an order of assistance for the
purpose of enforcing parenting time or visitation rights.
 
  (6) Except for intentional torts committed outside the scope of
the peace officer's duties, a peace officer is not civilly or
criminally liable for any action taken in recovering the custody
of a child pursuant to an order issued under this section.
   { +  (7) Notwithstanding ORS 21.410, a law enforcement agency
may not charge a fee for execution of an order of assistance. + }
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