71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 956
 
LC 4185/SB 956-A4
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 956
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             June 30
 
  In line 2 of the printed A-engrossed bill, after 'actions '
insert '; creating new provisions; and amending ORS 124.100'.
  After line 12, insert:
  '  { +  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.'.
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