72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to A-Eng. HB 2177
LC 596/HB 2177-A10
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2177
By COMMITTEE ON JUDICIARY
May 15
In line 2 of the printed A-engrossed bill, after 'ORS ' insert
'30.866, 163.738 and'.
In line 15, after 'unit' insert ', a county juvenile
department'.
After line 18, insert:
' { + SECTION 2. + } ORS 163.738 is amended to read:
' 163.738. (1)(a) A citation shall notify the respondent of a
circuit court hearing where the respondent shall appear at the
place and time set forth in the citation. The citation shall
contain:
' (A) The name of the court at which the respondent is to
appear;
' (B) The name of the respondent;
' (C) A copy of the stalking complaint;
' (D) The date, time and place at which the citation was
issued;
' (E) The name of the law enforcement officer who issued the
citation;
' (F) The time, date and place at which the respondent is to
appear in court;
' (G) Notice to the respondent that failure to appear at the
time, date and place set forth in the citation shall result in
the respondent's arrest and entry of a court's stalking
protective order; and
' (H) Notice to the respondent of potential liability under
federal law for the possession or purchase of firearms or firearm
ammunition and for other acts prohibited by 18 U.S.C. 2261 to
2262.
' (b) The officer shall notify the petitioner in writing of the
place and time set for the hearing.
' (2)(a) The hearing shall be held as indicated in the
citation. At the hearing, the petitioner may appear in person or
by telephonic appearance. The respondent shall be given the
opportunity to show cause why a court's stalking protective order
should not be entered. The hearing may be continued for up to 30
days. The court may enter:
' (A) A temporary stalking protective order pending further
proceedings; or
' (B) A court's stalking protective order if the court finds by
a preponderance of the evidence that:
' (i) The person intentionally, knowingly or recklessly engages
in repeated and unwanted contact with the other person or a
member of that person's immediate family or household thereby
alarming or coercing the other person;
' (ii) It is objectively reasonable for a person in the
victim's situation to have been alarmed or coerced by the
contact; and
' (iii) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
' (b) In the order, the court shall specify the conduct from
which the respondent is to refrain, which may include all contact
listed in ORS 163.730 and any attempt to make contact listed in
ORS 163.730. The order is of unlimited duration unless limited by
law. If the respondent was provided notice and an opportunity to
be heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's ability to possess
firearms and ammunition or engage in activities involving
firearms.
' (3) The circuit court may enter an order under this section
against a minor respondent without appointment of a guardian ad
litem.
' (4) If the respondent fails to appear at the time, date and
place specified in the citation, the circuit court shall issue a
warrant of arrest as provided in ORS 133.110 in order to ensure
the appearance of the respondent at court and shall enter a
court's stalking protective order.
' (5) The circuit court may also order the respondent to
undergo mental health evaluation and, if indicated by the
evaluation, treatment. If the respondent is without sufficient
resources to obtain the evaluation or treatment, or both, the
court shall refer the respondent to the mental health agency
designated by the community mental health director for evaluation
or treatment, or both.
' (6) If the circuit court, the mental health evaluator or any
other persons have probable cause to believe that the respondent
is dangerous to self or others or is unable to provide for basic
personal needs, the court shall initiate commitment procedures as
provided in ORS 426.070 or 426.180.
' (7) A law enforcement officer shall report the results of any
investigation arising from a complaint under ORS 163.744 to the
district attorney within three days after presentation of the
complaint.
' { + (8) Except for purposes of impeachment, a statement
made by the respondent at a hearing under this section may not be
used as evidence in a prosecution for stalking as defined in ORS
163.732 or for violating a court's stalking protective order as
defined in ORS 163.750. + }
' { + SECTION 3. + } ORS 30.866 is amended to read:
' 30.866. (1) A person may bring a civil action in a circuit
court for a court's stalking protective order or for damages, or
both, against a person if:
' (a) The person intentionally, knowingly or recklessly engages
in repeated and unwanted contact with the other person or a
member of that person's immediate family or household thereby
alarming or coercing the other person;
' (b) It is objectively reasonable for a person in the victim's
situation to have been alarmed or coerced by the contact; and
' (c) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
' (2) At the time the petition is filed, the court, upon a
finding of probable cause based on the allegations in the
petition, shall enter a temporary court's stalking protective
order that may include, but is not limited to, all contact listed
in ORS 163.730. The petition and the temporary order shall be
served upon the respondent with an order requiring the respondent
to personally appear before the court to show cause why the
temporary order should not be continued for an indefinite period.
' (3)(a) At the hearing, whether or not the respondent appears,
the court may continue the hearing for up to 30 days or may
proceed to enter a court's stalking protective order and take
other action as provided in ORS 163.738.
' (b) If respondent fails to appear after being served as
required by subsection (2) of this section, the court may issue a
warrant of arrest as provided in ORS 133.110 in order to ensure
the appearance of the respondent in court.
' (4) The plaintiff may recover:
' (a) Both special and general damages, including damages for
emotional distress;
' (b) Punitive damages; and
' (c) Reasonable attorney fees and costs.
' (5) The court may enter an order under this section against a
minor respondent without appointment of a guardian ad litem.
' (6) An action under this section must be commenced within two
years of the conduct giving rise to the claim.
' (7) Proof of the claim shall be by a preponderance of the
evidence.
' (8) The remedy provided by this section is in addition to any
other remedy, civil or criminal, provided by law for the conduct
giving rise to the claim.
' (9) No filing fee, service fee or hearing fee shall be
charged for a proceeding under this section if a court's stalking
order is the only relief sought.
' (10) If the respondent was provided notice and an opportunity
to be heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's ability to possess
firearms and ammunition or engage in activities involving
firearms.
' (11) ORS 163.741 applies to protective orders issued under
this section.
' { + (12) Except for purposes of impeachment, a statement
made by the respondent at a hearing under this section may not be
used as evidence in a prosecution for stalking as defined in ORS
163.732 or for violating a court's stalking protective order as
defined in ORS 163.750. + } ' .
In line 19, delete '2' and insert '4'.
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