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 1203
 
                         House Bill 2449
 
Sponsored by Representative HASS, Senator RINGO; Representatives
  JENSON, ROSENBAUM, ZAUNER, Senator CORCORAN
 
 
                             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 as
introduced.
 
  Increases civil penalties for abuse of elderly or incapacitated
person to three times actual economic and noneconomic damages.
 
                        A BILL FOR 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
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. + }
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