72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2449
 
Sponsored by Representative HASS, Senator RINGO; Representatives
  AVAKIAN, BARKER, JENSON, MARCH, MERKLEY, NELSON, ROSENBAUM,
  ZAUNER, Senators CORCORAN, DEVLIN, WALKER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to civil penalties in action for abuse of elderly or
  incapacitated person; creating new provisions; and amending ORS
  124.100.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. 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)  { + An amount equal to three times + } all economic
damages, as defined in ORS 18.560, resulting from the physical or
financial abuse, or $500, whichever amount is greater.
  (b)  { + An amount equal to three times + } 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, 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 - }  { +  the cause of action arose + }. 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
 
 
 
Enrolled House Bill 2449 (HB 2449-INTRO)                   Page 1
 
 
 
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.
  SECTION 2.  { + The amendments to ORS 124.100 by section 1 of
this 2003 Act apply only to a cause of action filed on or after
the effective date of this 2003 Act. + }
                         ----------
 
 
Passed by House April 2, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 15, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2449 (HB 2449-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2449 (HB 2449-INTRO)                   Page 3