Chapter 841 Oregon Laws 2005
AN ACT
SB 1041
Relating to custodial interference; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) Any of the following
persons may bring a civil action to secure damages against any and all persons
whose actions are unlawful under ORS 163.257 (1)(a):
(a)
A person who is 18 years of age or older and who has been taken, enticed or
kept in violation of ORS 163.257 (1)(a); or
(b)
A person whose custodial rights have been interfered with if, by reason of the
interference:
(A)
The person has reasonably and in good faith reported a person missing to any
city, county or state police agency; or
(B)
A defendant in the action has been charged with a violation of ORS 163.257
(1)(a).
(2)
An entry of judgment or a certified copy of a judgment against the defendant
for a violation of ORS 163.257 (1)(a) is prima facie evidence of liability if
the plaintiff was injured by the defendant’s unlawful action under the
conviction.
(3)(a)
For purposes of this section, a public or private entity that provides
counseling and shelter services to victims of domestic violence is not
considered to have violated ORS 163.257 (1)(a) if the entity provides
counseling or shelter services to a person who violates ORS 163.257 (1)(a).
(b)
As used in this subsection, “victim of domestic violence” means an individual
against whom domestic violence, as defined in ORS 135.230, 181.610, 411.117 or
657.176, has been committed.
(4)
Bringing an action under this section does not prevent the prosecution of any
criminal action under ORS 163.257.
(5)
A person bringing an action under this section must establish by a
preponderance of the evidence that a violation of ORS 163.257 (1)(a) has
occurred.
(6)
It is an affirmative defense to civil liability for an action under this
section that the defendant reasonably and in good faith believed that the
defendant’s violation of ORS 163.257 (1)(a) was necessary to preserve the
physical safety of:
(a)
The defendant;
(b)
The person who was taken, enticed or kept in violation of ORS 163.257 (1)(a);
or
(c)
The parent or guardian of the person who was taken, enticed or kept in
violation of ORS 163.257 (1)(a).
(7)(a)
If the person taken, enticed or kept in violation of ORS 163.257 (1)(a) is
under 18 years of age at the time an action is brought under this section, the
court may:
(A)
Appoint an attorney who is licensed to practice law in Oregon to act as
guardian ad litem for the person; and
(B)
Appoint one of the following persons to provide counseling services to the
person:
(i)
A psychiatrist.
(ii)
A psychologist licensed under ORS 675.010 to 675.150.
(iii)
A clinical social worker licensed under ORS 675.510 to 675.600.
(iv)
A professional counselor or marriage and family therapist licensed under ORS
675.715.
(b)
The court may assess against the parties all costs of the attorney or person
providing counseling services appointed under this subsection.
(8)
If an action is brought under this section by a person described under
subsection (1)(b) of this section and a party shows good cause that it is
appropriate to do so, the court may order the parties to obtain counseling
directed toward educating the parties on the impact that the parties’ conflict
has on the person taken, enticed or kept in violation of ORS 163.257 (1)(a).
The court may assess against the parties all costs of obtaining counseling
ordered under this subsection.
(9)
Upon prevailing in an action under this section, the plaintiff may recover:
(a)
Special and general damages, including damages for emotional distress; and
(b)
Punitive damages.
(10)
The court may award reasonable attorney fees to the prevailing party in an
action under this section.
(11)(a)
Notwithstanding ORS 12.110, 12.115, 12.117 or 12.160, an action under this
section must be commenced within six years after the violation of ORS 163.257
(1)(a). An action under this section accruing while the person who is entitled
to bring the action is under 18 years of age must be commenced not more than six
years after that person attains 18 years of age.
(b) The period of limitation does not run during any time when the person taken, enticed or kept in violation of ORS 163.257 (1)(a) is removed from this state as a result of the defendant’s actions in violation of ORS 163.257 (1)(a).
SECTION 2. Section 1 of this 2005 Act applies to causes of action arising on or after the effective date of this 2005 Act.
SECTION 3. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.
Approved by the Governor September 2, 2005
Filed in the office of Secretary of State September 2, 2005
Effective date September 2, 2005
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