72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 119
 
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 Attorney General's Task Force on Elder Abuse)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to civil action for abuse; amending ORS 124.125.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 124.125 is amended to read:
  124.125. (1) The Attorney General, the Department of Human
Services or any district attorney may bring an action against any
person who engages in conduct described in ORS 124.105 and
124.110. In addition to remedies otherwise provided in ORS
124.100 to 124.140, upon prevailing in the action, the court
shall award to the Attorney General, Department of Human Services
or district attorney costs of investigation and penalties.
Penalties awarded under this section may not exceed $25,000 per
occurrence.
  (2) The Attorney General may intervene in any civil action
brought under ORS 124.100 if the Attorney General certifies that,
in the opinion of the Attorney General, the action is of general
public importance. In the action, the state shall be entitled to
the same relief as if the Attorney General instituted the action
under the provisions of this section.
   { +  (3) When it appears that a person is engaging in conduct
described in ORS 124.105 or 124.110, the Attorney General or any
district attorney may execute in writing and cause to be served
an investigative demand upon any person who is believed to have
information, documentary material or physical evidence relevant
to the alleged or suspected violation. The investigative demand
shall require the person, under oath or otherwise, to appear and
testify, to answer written interrogatories or to produce relevant
documentary material or physical evidence for examination, at a
reasonable time and place as stated in the investigative demand.
  (4) At any time before the return date specified in an
investigative demand, or within 20 days after the demand has been
served, whichever period is shorter, a petition to extend the
return date, or to modify or set aside the demand, stating good
cause, including a request for privileged material, may be filed
in the appropriate court.
  (5) Service of an investigative demand under subsection (3) of
this section shall be made personally within this state. If
personal service within this state cannot be made, substituted
service may be made by any of the following methods:
 
 
Enrolled Senate Bill 119 (SB 119-A)                        Page 1
 
 
 
  (a) Personal service outside of this state;
  (b) Mailing the investigative demand by registered or certified
mail to the last-known place of business, residence or abode
within or outside of this state of the person for whom service is
intended;
  (c) As to any person other than a natural person, in the manner
provided for service of summons in an action or suit; or
  (d) Such service as the court may direct.
  (6) If any person after being served with an investigative
demand under subsection (3) of this section fails or refuses to
obey an investigative demand issued by the Attorney General or a
district attorney, the Attorney General or district attorney may,
after notice to an appropriate court and after a hearing, request
an order:
  (a) Granting injunctive relief to restrain the person from
engaging in conduct that is involved in the alleged or suspected
violation; or
  (b) Granting other relief as may be required, until the person
obeys the investigative demand.
  (7) Any disobedience of any final order of a court under
subsection (6) of this section shall be punished as a contempt of
court.
  (8) ORS 192.550 to 192.595 apply to the disclosure of financial
records by a financial institution pursuant to the service of an
investigative demand under subsection (3) of this section. + }
                         ----------
 
 
Passed by Senate April 18, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 19, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 119 (SB 119-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 119 (SB 119-A)                        Page 3