71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 956
Sponsored by Senators METSGER, MINNIS
CHAPTER ................
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
Enrolled Senate Bill 956 (SB 956-B) Page 1
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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Passed by Senate May 25, 2001
Repassed by Senate July 2, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 30, 2001
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Speaker of House
Enrolled Senate Bill 956 (SB 956-B) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled Senate Bill 956 (SB 956-B) Page 3