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
 
                         Senate Bill 199
 
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 as
introduced.
 
  Allows person 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; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A person 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 physical abuse.
  (2) A person leaving an infant under this section is not
required to provide any identifying information about the infant
or the person.
  (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. 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, the State Office for Services to
Children and Families is deemed to have custody of the infant
from the moment the infant was left.
  (6) As used in this section, 'authorized facility' means a
hospital, as described in ORS 442.015, ambulatory surgical center
or freestanding birthing center, as those terms are defined in
ORS 442.015, sheriff's office, police station or fire
station. + }
  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. + }
  SECTION 4.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $___ to be expended only for the
purpose of carrying out section 3 (1) of this 2001 Act. + }
  SECTION 5.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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