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 596
 
                           A-Engrossed
 
                         House Bill 2177
                  Ordered by the House April 1
            Including House Amendments dated April 1
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for the Department of Corrections)
 
 
                             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 inmates  { + and others + } may not bring
 { + criminal or + } civil stalking action against  { + parole
and probation officer or + } officer, employee or agent of
Department of Corrections { + , law enforcement unit or Oregon
Youth Authority + } for official conduct of officer, employee or
agent.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to stalking; amending ORS 163.755; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.755 is amended to read:
  163.755.  { + (1) + } Nothing in ORS 30.866 or 163.730 to
163.750 shall be construed to permit the issuance of a court's
stalking protective order under ORS 30.866 or 163.738,  { + the
issuance of + } a citation under ORS 163.735, a criminal
prosecution under ORS 163.732 or a civil action under ORS
30.866 { + :
  (a) + } For conduct that is authorized or protected by the
labor laws of this state or of the United States.
   { +  (b) By or on behalf of a person who is in the legal or
physical custody of a law enforcement unit or is in custody under
ORS chapter 419C.
  (c) By or on behalf of a person not described in paragraph (b)
of this subsection to or against another person who:
  (A) Is a parole and probation officer or an officer, employee
or agent of a law enforcement unit or the Oregon Youth Authority;
and
  (B) Is acting within the scope of the other person's official
duties.
  (2) As used in this section, 'law enforcement unit' and '
parole and probation officer' have the meanings given those terms
in ORS 181.610. + }
  SECTION 2.  { + 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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