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 4185
 
                           B-Engrossed
 
                         Senate Bill 956
                  Ordered by the House June 30
  Including Senate Amendments dated May 23 and House Amendments
                          dated June 30
 
Sponsored by Senators METSGER, MINNIS
 
 
                             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.
 
  Requires court to award treble damages in civil action arising
out of conduct that would constitute violation of certain
criminal provisions dealing with interference with animal
research or animal production. Requires court also to award cost
of repeating experiment if conduct causes failure of or
irreparable damage to experiment.
   { +  Modifies provisions dealing with actions for physical or
financial abuse of elderly or incapacitated person. Provides that
action may be brought by personal representative for estate of
person. + }
 
                        A BILL FOR AN ACT
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.
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