72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 876
                     (To Resolve Conflicts)
 
                           A-Engrossed
 
                         House Bill 2101
                  Ordered by the Senate May 15
  Including Senate Amendments dated May 15 to resolve conflicts
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for the Department of Justice)
 
 
                             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.
 
  Provides that contempt proceedings for violation of Family
Abuse Prevention Act restraining order and for violation of
Elderly and Disabled Person Abuse Prevention Act restraining
order may be conducted in county where violation of restraining
order occurs.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to venue; creating new provisions; repealing ORS 14.070;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 107.700 to 107.732. + }
  SECTION 2.  { + A petition under ORS 107.710 may be filed only
in a county in which the petitioner or respondent resides. Any
contempt proceedings for violation of a restraining order issued
under ORS 107.700 to 107.732 must be conducted by the court that
issued the order, or by the circuit court for a county in which a
violation of the restraining order occurs. If contempt
proceedings are initiated in the circuit court for a county in
which a violation of the restraining order occurs, the person
initiating the contempt proceedings shall file with the court a
copy of the restraining order, certified by the clerk of the
court that issued the order. Upon filing of the certified copy of
the restraining order, the court shall enforce the order as
though that court had issued the order. + }
  SECTION 3.  { + Section 4 of this 2003 Act is added to and made
a part of ORS 124.005 to 124.040. + }
  SECTION 4.  { + A petition under ORS 124.010 may be filed only
in a county in which the petitioner or respondent resides. Any
contempt proceedings for violation of a restraining order issued
under ORS 124.005 to 124.040 must be conducted by the court that
issued the order, or by the circuit court for a county in which a
violation of the restraining order occurs. If contempt
proceedings are initiated in the circuit court for a county in
which a violation of the restraining order occurs, the person
initiating the contempt proceedings shall file with the court a
copy of the restraining order, certified by the clerk of the
court that issued the order. Upon filing of the certified copy of
the restraining order, the court shall enforce the order as
though that court had issued the order. + }
  SECTION 5.  { + Section 6 of this 2003 Act is added to and made
a part of ORS 107.005 to 107.085. + }
  SECTION 6.  { + A petition for marital annulment, dissolution
or separation may be filed only in a county in which the
petitioner or respondent resides. + }
  SECTION 7.  { + (1) Section 2 of this 2003 Act applies to all
restraining orders issued under ORS 107.700 to 107.732, whether
issued before, on or after the effective date of this 2003 Act.
Section 2 of this 2003 Act applies only to violations of
restraining orders issued under ORS 107.700 to 107.732 that occur
on or after the effective date of this 2003 Act.
  (2) Section 4 of this 2003 Act applies to all restraining
orders issued under ORS 124.005 to 124.040, whether issued
before, on or after the effective date of this 2003 Act. Section
4 of this 2003 Act applies only to violations of restraining
orders issued under ORS 124.005 to 124.040 that occur on or after
the effective date of this 2003 Act. + }
  SECTION 8.  { + ORS 14.070 is repealed. + }
  SECTION 8a.  { + Notwithstanding section 5, chapter ___, Oregon
Laws 2003 (Enrolled Senate Bill 118) (amending ORS 14.070), if
Senate Bill 118 becomes law, ORS 14.070 is repealed. + }
  SECTION 9.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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