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 377
 
                           A-Engrossed
 
                         Senate Bill 199
                 Ordered by the Senate April 11
           Including Senate Amendments dated April 11
 
Sponsored by Senators COURTNEY, STARR, Representatives LOWE,
  STARR; Senator CLARNO, Representative MONNES ANDERSON
 
 
                             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.
 
  Allows   { - person - }   { + parent + } to leave infant at
authorized facility under certain circumstances. Establishes
affirmative defense to crime of abandonment of child if person
leaves infant in accordance with certain procedures.
    { - Appropriates moneys to Department of Human Services to
inform public about change in law. - }
    { - Declares emergency, effective July 1, 2001. - }
 
                        A BILL FOR AN ACT
Relating to the safe surrender of newborn children; creating new
  provisions; amending ORS 163.535; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A parent may leave an infant at an
authorized facility in the physical custody of an agent,
employee, doctor or other medical professional working at the
authorized facility if the infant:
  (a) Is 30 days of age or younger as determined to a reasonable
degree of medical certainty; and
  (b) Has no evidence of abuse.
  (2) A parent leaving an infant under this section is not
required to provide any identifying information about the infant
or the parent.
  (3) An employee, agent, doctor or other medical professional
working at an authorized facility shall receive an infant brought
to the authorized facility under this section.
  (4) If acting in good faith in receiving an infant, an
authorized facility receiving an infant under this section and
any agent, employee, doctor or other medical professional working
at the authorized facility are immune from any criminal or civil
liability that otherwise might result from their actions relating
to receiving the infant. A city, county or other political
subdivision of this state that operates a sheriff's office,
police station or fire station that receives an infant under this
section is immune from any criminal or civil liability that
otherwise might result from the actions taken by its employees or
agents in receiving the infant.
 
  (5) When an infant has been left at an authorized facility as
provided in this section:
  (a) The authorized facility shall notify the State Office for
Services to Children and Families that an infant has been left at
the facility as provided in subsection (1) of this section no
later than 24 hours after receiving the infant.
  (b) The infant is deemed abandoned for purposes of ORS
419B.100, and the state office is deemed to have protective
custody of the infant under ORS 419B.150 from the moment the
infant was left at the facility. The state office shall comply
with the applicable provisions of ORS chapter 419B with regard to
the infant.
  (6) The authorized facility shall release the infant to the
state office when release is appropriate considering the infant's
medical condition and shall provide the state office with all
information the facility has regarding the infant.
  (7) As used in this section:
  (a) 'Abuse' has the meaning given that term in ORS 419B.005.
  (b) 'Authorized facility' means a hospital as described in ORS
442.015, freestanding birthing center as defined in ORS 442.015,
physician's office, sheriff's office, police station or fire
station.
  (c) 'Physician' means a person licensed by the Board of Medical
Examiners for the State of Oregon to practice medicine and
surgery. + }
  SECTION 2. ORS 163.535 is amended to read:
  163.535. (1) A person commits the crime of abandonment of a
child if, being a parent, lawful guardian or other person
lawfully charged with the care or custody of a child under 15
years of age, the person deserts the child in any place with
intent to abandon it.
  (2) Abandonment of a child is a Class C felony.
   { +  (3) It is an affirmative defense to a charge of violating
subsection (1) of this section that the child was left in
accordance with section 1 of this 2001 Act. + }
  SECTION 3.  { + (1) The Department of Human Services shall
inform the public about the provisions of section 1 of this 2001
Act and the affirmative defense created in ORS 163.535.
  (2) Notwithstanding any other provision of law, the Department
of Human Services may accept gifts, grants or contributions from
any source, whether public or private, for the purpose of
carrying out subsection (1) of this section. Moneys accepted
under this subsection shall be deposited in the State Treasury to
the credit of the department and are continuously appropriated to
the department for the payment of expenses and costs incurred in
carrying out subsection (1) of this section. + }
                         ----------