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 862
 
                           A-Engrossed
 
                         Senate Bill 101
                 Ordered by the Senate March 25
           Including Senate Amendments dated March 25
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for 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.
 
  Allows public servant or public servant's employer to seek
injunction against person engaging in conduct constituting
specified crimes. { +  Allows person subject to injunction to
request hearing within 30 days after order served. + }
 
                        A BILL FOR AN ACT
Relating to injunctive relief available for public servants.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A public servant or the public servant's
employer may petition a circuit court for an order enjoining a
person who engages in conduct that is directed at the public
servant, relates to the public servant's employment and
constitutes any of the following crimes:
  (a) Obstructing governmental or judicial administration under
ORS 162.235.
  (b) Assault under ORS 163.160, 163.165, 163.175 or 163.185.
  (c) Menacing under ORS 163.190.
  (d) Criminal trespass in the first degree under ORS 164.255.
  (e) Disorderly conduct under ORS 166.025.
  (f) Harassment under ORS 166.065.
  (g) Telephonic harassment under ORS 166.090.
  (2) The petitioner has the burden of proof by a preponderance
of the evidence under subsection (1) of this section. An order
issued under this section is valid for one year after entry in
the register of the court or until vacated by the court,
whichever occurs first.
  (3) Contempt proceedings against a person who violates an order
issued by a circuit court under subsection (1) of this section
shall be as provided in ORS 33.055 or 33.065.
  (4) As used in this section, 'public servant' has the meaning
given that term in ORS 162.005. + }
  SECTION 2.  { + (1) A person against whom an order is issued
under section 1 of this 2003 Act may file a request for hearing
with the court that issued the order within 30 days after the
order is served on the person. A request under this section must
be in writing, must be signed by the person and must include the
printed name, telephone number and mailing address of the person.
  (2) Upon the filing of a request under this section, the clerk
of the court shall mail a copy of the request to the petitioner
in the matter and shall notify the petitioner and the person
filing the request of the date and time set for the hearing. + }
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