72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 801
 
LC 1997/SB 801-4
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 801
 
                    By COMMITTEE ON JUDICIARY
 
                             May 14
 
  On page 1 of the printed bill, delete line 3 and insert '
107.085.'.
  Delete lines 5 through 31 and pages 2 through 13 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 and 3 of this 2003 Act
are added to and made a part of ORS 107.095 to 107.174. + }
  '  { +  SECTION 2. + }  { + (1) After a petition for marital
annulment, separation or dissolution is filed and upon service of
summons and petition upon the respondent as provided in ORCP 7, a
restraining order is in effect against the petitioner and the
respondent until a final decree or judgment is issued, until the
petition for marital annulment, separation or dissolution is
dismissed, or until further order of the court.
  ' (2) The restraining order issued under this section shall
restrain the petitioner and respondent from:
  ' (a) Canceling, modifying, terminating or allowing to lapse
for nonpayment of premiums any policy of health insurance,
homeowner or renter insurance or automobile insurance that one
party maintains to provide coverage for the other party or a
minor child of the parties, or any life insurance policy that
names either of the parties or a minor child of the parties as a
beneficiary.
  ' (b) Changing beneficiaries or covered parties under any
policy of health insurance, homeowner or renter insurance or
automobile insurance that one party maintains to provide coverage
for the other party or a minor child of the parties, or any life
insurance policy.
  ' (c)(A) Transferring, encumbering, concealing or disposing of
property in which the other party has an interest, in any manner,
without written consent of the other party or an order of the
court, except in the usual course of business or for necessities
of life.
  ' (B) This paragraph does not apply to payment by either party
of:
  ' (i) Attorney fees in the existing action;
  ' (ii) Real estate and income taxes;
  ' (iii) Mental health therapy expenses for either party or a
minor child of the parties; or
  ' (iv) Expenses necessary to provide for the safety and welfare
of a party or a minor child of the parties.
  ' (d)(A) Making extraordinary expenditures without providing
written notice and an accounting of the extraordinary
expenditures to the other party.
  ' (B) This paragraph does not apply to payment by either party
of expenses necessary to provide for the safety and welfare of a
party or a minor child of the parties.
  ' (3) Either party restrained under this section may apply to
the court for further temporary orders, including modification or
revocation of the restraining order issued under this section.
  ' (4) The restraining order issued under this section shall
also include a notice that either party may request a hearing on
the restraining order by filing a request for hearing with the
court.
  ' (5) A copy of the restraining order issued under this section
shall be attached to the summons.
  ' (6) A party who violates a term of a restraining order issued
under this section is not subject to:
  ' (a) Criminal prosecution based on the violation; or
  ' (b) Imposition of punitive sanctions under ORS 33.065 based
on the violation. + }
  '  { +  SECTION 3. + }  { + (1) Forms shall be established by
court rule for:
  ' (a) The restraining order issued under section 2 of this 2003
Act; and
  ' (b) The request for hearing under section 2 of this 2003 Act.
  ' (2) The forms established under subsection (1) of this
section must include the terms of the restraining order described
in section 2 of this 2003 Act. + }
  '  { +  SECTION 4. + } ORS 107.085 is amended to read:
  ' 107.085. (1) A suit for marital annulment, dissolution or
separation shall be entitled: 'IN THE MATTER OF THE MARRIAGE OF
(names of parties): PETITION FOR (ultimate relief sought).' The
moving party shall be designated as the 'Petitioner' and the
other party the 'Respondent.' Nothing in this section shall
preclude both parties from acting as 'Copetitioners.  '
  ' (2) The petition shall state the following:
  ' (a) The names, social security numbers, if known, and dates
of birth of all of the children born or adopted during the
marriage, and a reference to and expected date of birth of any
children conceived during the marriage but not yet born;
  ' (b) The names, social security numbers, if known, and dates
of birth of all children born to the parties prior to the
marriage;   { - and - }
  ' (c) To the extent known, whether there is pending in this or
any other state a domestic relations suit, as defined in ORS
107.510, or any type of support proceeding involving dependents
of the same marriage, including one brought under ORS 108.110,
416.400 to 416.470 or this section { + ; and
  ' (d) That the petitioner acknowledges that by filing the
petition the petitioner is bound by the terms of the restraining
order issued under section 2 of this 2003 Act + }.
  ' (3) At or prior to the hearing of a suit for marital
annulment, dissolution or separation, the moving party or the
party attending the hearing shall file with the court a written
statement setting forth the full names and any former names of
the parties, the residence, mailing or contact addresses of the
parties, the ages of both parties, their wage earner social
security account numbers, the date and place of the marriage of
the parties, and the names and ages of the children born to or
adopted by the parties. This information shall be incorporated in
and made a part of the decree.
  ' (4) If real property is involved, the petitioner may have a
notice of pendency of the action recorded at the time the
petition is filed, as provided in ORS 93.740.'.
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