73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 259
House Bill 2298
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary)
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.
Modifies provisions relating to stalking protective orders.
A BILL FOR AN ACT
Relating to stalking; creating new provisions; and amending ORS
30.866, 40.355, 90.453, 107.755, 133.310, 135.240, 163.730,
163.732, 163.735, 163.738, 163.741, 163.744, 163.750, 163.755
and 166.291.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 30.866 is amended to read:
30.866. (1) A person may bring a civil action in a circuit
court for { - a court's stalking protective order or for
damages, or both, - } { + damages + } against a person if:
(a) The person intentionally { - , knowingly or recklessly - }
engages in repeated and unwanted contact with the other person or
a member of that person's immediate family or household thereby
alarming or coercing the other person;
(b) It is objectively reasonable for a person in the victim's
situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
{ - (2) At the time the petition is filed, the court, upon a
finding of probable cause based on the allegations in the
petition, shall enter a temporary court's stalking protective
order that may include, but is not limited to, all contact listed
in ORS 163.730. The petition and the temporary order shall be
served upon the respondent with an order requiring the respondent
to personally appear before the court to show cause why the
temporary order should not be continued for an indefinite
period. - }
{ - (3)(a) At the hearing, whether or not the respondent
appears, the court may continue the hearing for up to 30 days or
may proceed to enter a court's stalking protective order and take
other action as provided in ORS 163.738. - }
{ - (b) If respondent fails to appear after being served as
required by subsection (2) of this section, the court may issue a
warrant of arrest as provided in ORS 133.110 in order to ensure
the appearance of the respondent in court. - }
{ - (4) - } { + (2) + } The plaintiff may recover:
(a) Both special and general damages, including damages for
emotional distress;
(b) Punitive damages; and
(c) Reasonable attorney fees and costs.
{ - (5) - } { + (3) + } The court may enter { - an
order - } { + a judgment + } under this section against a minor
{ - respondent - } { + defendant + } without appointment of a
guardian ad litem.
{ - (6) - } { + (4) + } An action under this section must
be commenced within two years of the conduct giving rise to the
claim.
{ - (7) - } { + (5) + } Proof of the claim { - shall
be - } { + is + } by a preponderance of the evidence.
{ - (8) - } { + (6) + } The remedy provided by this section
is in addition to any other remedy, civil or criminal, provided
by law for the conduct giving rise to the claim.
{ - (9) No filing fee, service fee or hearing fee shall be
charged for a proceeding under this section if a court's stalking
order is the only relief sought. - }
{ - (10) If the respondent was provided notice and an
opportunity to be heard, the court shall also include in the
order, when appropriate, terms and findings sufficient under 18
U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability
to possess firearms and ammunition or engage in activities
involving firearms. - }
{ - (11) ORS 163.741 applies to protective orders issued
under this section. - }
{ - (12) - } { + (7) + } Except for purposes of
impeachment, a statement made by the { - respondent - } { +
defendant + } at a hearing under this section may not be used as
evidence in a prosecution for stalking as defined in ORS 163.732
or for violating a { - court's - } stalking protective order
as defined in ORS 163.750.
SECTION 2. { + (1) A person may petition the circuit court for
a stalking protective order against another person if:
(a) The other person intentionally engages in repeated and
unwanted contact with the petitioner or a member of the
petitioner's immediate family or household, thereby alarming or
coercing the petitioner;
(b) It is objectively reasonable for a person in the
petitioner's situation to have been alarmed or coerced by the
contact; and
(c) The repeated and unwanted contact causes the petitioner
reasonable apprehension regarding the personal safety of the
petitioner or a member of the petitioner's immediate family or
household.
(2) A parent may present a petition on behalf of a minor child.
A guardian may present a petition on behalf of a protected
person.
(3) Allegations in the petition must be made under oath or
affirmation.
(4) A petition under this section must be filed in the court
within two years of the conduct giving rise to the claim. + }
{ +
(5) No filing fee, service fee or hearing fee may be charged
for a proceeding under this section.
(6) In a proceeding under this section, the petitioner or
respondent may recover reasonable attorney fees and costs. + }
SECTION 3. { + (1) When a person files a petition under
section 2 of this 2005 Act, the court shall hold an ex parte
hearing in person or by telephone on the day the petition is
filed or on the following judicial day. The court, upon a finding
of probable cause of stalking based on the allegations in the
petition, may enter a temporary stalking protective order that
may include, but is not limited to, prohibiting all contact with
the petitioner. The petition and the temporary stalking
protective order, if issued, must be served on the respondent
with an order requiring the respondent to personally appear
before the court to schedule a hearing on the petition. The clerk
of the court shall provide without charge the number of certified
true copies of the petition and the temporary stalking protective
order necessary to provide the petitioner with one copy and to
effect service. The clerk shall deliver a certified true copy of
the petition and order to the county sheriff for service on the
respondent. Upon request by the petitioner, the clerk shall also
provide to the petitioner, without charge, two exemplified copies
of the petition and order.
(2) An order requiring the respondent to appear issued under
subsection (1) of this section must include, but need not be
limited to:
(a) The name of the court at which the respondent is to appear;
(b) The name of the respondent;
(c) A copy of the petition for a stalking protective order; and
(d) The time, date and place at which the respondent is to
appear in court.
(3) At the appearance required by subsection (1) of this
section, the court shall schedule a hearing on the petition and
shall orally order the respondent to appear at the time, date and
place set for the hearing. The court shall inform the respondent
that:
(a) Failure to appear at the time, date and place set for the
hearing may result in the entry of a stalking protective order;
and
(b) The respondent is subject to arrest for failing to appear
as ordered by the court and to potential liability under federal
law for the possession or purchase of firearms or firearm
ammunition and for other acts prohibited by 18 U.S.C. 2261 to
2262.
(4) If the respondent fails to appear as ordered by the court
under subsection (1) of this section, the court shall schedule
the hearing and issue a summons ordering the respondent to
personally appear before the court to show cause why a stalking
protective order should not be entered or, if a temporary
stalking protective order was entered, why the temporary stalking
protective order should not be continued. The summons must be
served on the respondent and must include, but need not be
limited to:
(a) The name of the court at which the respondent is to appear;
(b) The name of the respondent;
(c) A copy of the petition for a stalking protective order;
(d) The time, date and place at which the respondent is to
appear in court;
(e) Notice to the respondent that failure to appear at the
time, date and place as ordered by the court may result in the
entry of a stalking protective order; and
(f) Notice to the respondent that the respondent is subject to
arrest for failing to appear as ordered by the court and to
potential liability under federal law for the possession or
purchase of firearms or firearm ammunition and for other acts
prohibited by 18 U.S.C. 2261 to 2262.
(5) The clerk of the court shall provide an informational
brochure that explains the rights set forth in sections 2 to 5 of
this 2005 Act and shall make the petition, order and related
forms developed under subsection (6) of this section available at
no cost to the petitioner.
(6) The State Court Administrator shall prepare a uniform
petition, a uniform order and any other related forms or
informational materials required by sections 2 to 5 of this 2005
Act. + }
SECTION 4. { + (1) At a hearing required by an order issued
under section 3 of this 2005 Act or a citation issued under ORS
163.735, the petitioner may appear in person or by telephone.
Whether or not the respondent appears, the court may:
(a) Continue the hearing for up to 30 days for good cause
shown;
(b) Enter a temporary stalking protective order pending further
proceedings, with a duration not to exceed 90 days and subject to
renewal if the respondent cannot be served; or
(c) Enter a stalking protective order if the court finds by
clear and convincing evidence that:
(A) The respondent intentionally engaged in repeated and
unwanted contact with the petitioner or a member of the
petitioner's immediate family or household, thereby alarming or
coercing the petitioner;
(B) It is objectively reasonable for a person in the
petitioner's situation to have been alarmed or coerced by the
contact; and
(C) The repeated and unwanted contact causes the petitioner
reasonable apprehension regarding the personal safety of the
petitioner or a member of the petitioner's immediate family or
household.
(2) The court shall specify in any stalking protective order
the conduct from which the respondent is to refrain. The
prohibited conduct may include all contact and any attempt to
make contact. Unless dismissed, the order is effective for a
period of one to five years, as determined by the court, and may
be renewed. If the respondent was provided notice and an
opportunity to be heard, the court shall include in the order,
when appropriate, terms and findings sufficient under 18 U.S.C.
922(d)(8) and (g)(8) to affect the respondent's ability to
possess firearms and ammunition or engage in activities involving
firearms.
(3) The court may enter an order under this section against a
minor respondent without appointment of a guardian ad litem.
(4) The court may order the respondent to undergo a mental
health evaluation and, if indicated by the evaluation, treatment.
If the respondent is without sufficient resources to obtain the
evaluation, treatment or both, the court shall refer the
respondent to the mental health agency designated by the
community mental health director for evaluation, treatment or
both.
(5) If the court, the mental health evaluator or any other
person has probable cause to believe that the respondent is
dangerous to self or others or is unable to provide for basic
personal needs, the court shall initiate commitment procedures as
provided in ORS 426.070 or 426.180.
(6) If the respondent fails to appear at the date, time and
place specified in an order under section 3 of this 2005 Act, the
court may proceed under ORS 33.055.
(7) If the petitioner fails to appear at the time, date and
place set for the hearing, the court may dismiss the petition and
terminate any orders issued in the proceeding.
(8) A statement made by the respondent at a hearing under this
section may not be used as evidence or for impeachment in a
prosecution for stalking as defined in ORS 163.732 or for
violating a stalking protective order as defined in ORS
163.750. + }
SECTION 5. { + (1) A stalking protective order issued under
section 3 or 4 of this 2005 Act is in addition to any other
remedy, civil or criminal, provided by law for the conduct giving
rise to the petition.
(2) Issuance of a stalking protective order under section 3 or
4 of this 2005 Act does not prevent the issuance of a restraining
order under ORS 107.718, and the issuance of a restraining order
under ORS 107.718 does not prevent the issuance of a stalking
protective order. + }
SECTION 6. ORS 163.741 is amended to read:
163.741. { + (1) If the court orders relief under section 4 of
this 2005 Act:
(a) The respondent must be personally served with a certified
true copy of the petition and order unless the court finds that
further service is unnecessary because the respondent appeared in
person before the court. The clerk of the court shall provide
without charge the number of certified true copies of the
petition and order necessary to provide the petitioner with one
copy and to effect service. The clerk shall deliver a certified
true copy of the petition and order to the county sheriff for
service on the respondent. Upon request by the petitioner, the
clerk shall also provide the petitioner, without charge, two
exemplified copies of the petition and order.
(b) The county sheriff shall serve the respondent unless the
petitioner elects to have the respondent served by a private
party. Service may also be made by a peace officer who is called
to the scene of a domestic disturbance at which the respondent is
present if the peace officer is able to obtain a copy of the
petition and order within a reasonable amount of time. Proof of
service must be made in accordance with subsection (3) of this
section. When the petition and order do not contain the
respondent's date of birth and service is made by the county
sheriff or other peace officer, the county sheriff or peace
officer shall verify the respondent's date of birth with the
respondent and shall record that date on the order or proof of
service entered into the Law Enforcement Data System under
subsection (3) of this section.
(2) If the county sheriff:
(a) Determines that the petition and order are incomplete, the
county sheriff shall return the petition and order to the clerk
of the court. The clerk of the court shall notify the petitioner,
at the address provided by the petitioner, of the error or
omission.
(b) Cannot complete service within 10 days after accepting the
petition and order, the county sheriff shall notify the
petitioner, at the address provided by the petitioner, that the
documents have not been served. If the petitioner does not
respond within 10 days, the county sheriff shall hold the
petition and order for future service and file a return with the
clerk of the court showing that service was not completed. + }
{ - (1) - } { + (3) + } Whenever a stalking protective
order, as authorized by { - ORS 163.735 or 163.738 - } { +
section 4 of this 2005 Act + }, is issued and the person to be
restrained has actual notice { - thereof - } { + of the
order + }, the person serving the { + petition and + } order
shall { + immediately + } deliver { - forthwith - } to the
county sheriff a true copy of the { + petition and + } order
and an affidavit of proof of service on which it is stated that
personal service of the { + petition and + } order was made on
the respondent. If an order entered by the court recites that the
respondent appeared in person before the court, the necessity for
further service of the order is waived and accompanying proof of
service is not necessary. Upon receipt of proof of service, when
required, and a true copy of the { + petition and + } order, the
county sheriff shall { - forthwith - } { + immediately + }
enter the order into the Law Enforcement Data System
{ - maintained by the Department of State Police - } and into
the databases of the National Crime Information Center of the
United States Department of Justice. The sheriff shall also
provide the { - complainant - } { + petitioner + } with a true
copy of the proof of service. Entry into the Law Enforcement Data
System constitutes notice to all law enforcement agencies of the
existence of such order. Law enforcement agencies shall establish
procedures adequate to ensure that an officer at the scene of an
alleged violation of such order may be informed of the existence
and terms of such order. { - Such order shall be - } { + The
order is + } fully enforceable in any county in the state. The
{ - complainant - } { + petitioner + } may elect to deliver
documents personally to a county sheriff or to have them
delivered by a private person for entry into the Law Enforcement
Data System and the databases of the National Crime Information
Center of the United States Department of Justice.
{ - (2) - } { + (4) + } When a stalking protective order
has been entered into the Law Enforcement Data System and the
databases of the National Crime Information Center of the United
States Department of Justice under subsection { - (1) - } { +
(3) + } of this section, a county sheriff shall cooperate with a
request from a law enforcement agency from any other jurisdiction
to verify the existence of the stalking protective order or to
transmit a copy of the order to the requesting jurisdiction.
{ - (3) - } { + (5) + } When a stalking protective order
described in subsection { - (1) - } { + (3) + } of this
section is terminated by order of the court, the clerk of the
court shall { + immediately + } deliver
{ - forthwith - } a true copy of the termination order to the
county sheriff with whom the original order was filed. Upon
receipt of the termination order, the county sheriff shall
promptly remove the original order from the Law Enforcement Data
System and the databases of the National Crime Information Center
of the United States Department of Justice.
SECTION 7. ORS 163.738 is amended to read:
163.738. (1)(a) A citation { - shall - } { + must + }
notify the respondent of a circuit court hearing where the
respondent { - shall - } { + is required to + } appear
{ - at the place and time set forth in the citation - } . The
citation { - shall - } { + must + } contain:
(A) The name of the court at which the respondent is to appear;
(B) The name of the respondent;
(C) A copy of the { + petition for a + } stalking
{ - complaint - } { + citation + };
(D) The date, time and place at which the citation was issued;
(E) The name of the law enforcement officer who issued the
citation;
(F) The time, date and place at which the respondent is to
appear in court;
(G) Notice to the respondent that failure to appear at the
time, date and place set forth in the citation { - shall - }
{ + may + } result in the { - respondent's arrest and - }
entry of a { - court's - } stalking protective order; and
(H) Notice to the respondent { - of potential - } { + that
the respondent is subject to arrest for failing to appear as
directed in the citation and to potential + } liability under
federal law for the possession or purchase of firearms or firearm
ammunition and for other acts prohibited by 18 U.S.C. 2261 to
2262.
(b) The officer shall notify the petitioner in writing of the
{ + time, date and + } place { - and time - } set for the
hearing.
{ - (2)(a) The hearing shall be held as indicated in the
citation. At the hearing, the petitioner may appear in person or
by telephonic appearance. The respondent shall be given the
opportunity to show cause why a court's stalking protective order
should not be entered. The hearing may be continued for up to 30
days. The court may enter: - }
{ - (A) A temporary stalking protective order pending further
proceedings; or - }
{ - (B) A court's stalking protective order if the court
finds by a preponderance of the evidence that: - }
{ - (i) The person intentionally, knowingly or recklessly
engages in repeated and unwanted contact with the other person or
a member of that person's immediate family or household thereby
alarming or coercing the other person; - }
{ - (ii) It is objectively reasonable for a person in the
victim's situation to have been alarmed or coerced by the
contact; and - }
{ - (iii) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or
household. - }
{ - (b) In the order, the court shall specify the conduct
from which the respondent is to refrain, which may include all
contact listed in ORS 163.730 and any attempt to make contact
listed in ORS 163.730. The order is of unlimited duration unless
limited by law. If the respondent was provided notice and an
opportunity to be heard, the court shall also include in the
order, when appropriate, terms and findings sufficient under 18
U.S.C. 922 (d)(8) and (g)(8) to affect the respondent's ability
to possess firearms and ammunition or engage in activities
involving firearms. - }
{ - (3) The circuit court may enter an order under this
section against a minor respondent without appointment of a
guardian ad litem. - }
{ - (4) If the respondent fails to appear at the time, date
and place specified in the citation, the circuit court shall
issue a warrant of arrest as provided in ORS 133.110 in order to
ensure the appearance of the respondent at court and shall enter
a court's stalking protective order. - }
{ - (5) The circuit court may also order the respondent to
undergo mental health evaluation and, if indicated by the
evaluation, treatment. If the respondent is without sufficient
resources to obtain the evaluation or treatment, or both, the
court shall refer the respondent to the mental health agency
designated by the community mental health director for evaluation
or treatment, or both. - }
{ - (6) If the circuit court, the mental health evaluator or
any other persons have probable cause to believe that the
respondent is dangerous to self or others or is unable to provide
for basic personal needs, the court shall initiate commitment
procedures as provided in ORS 426.070 or 426.180. - }
{ - (7) - } { + (2) + } A law enforcement officer shall
report the results of any investigation arising from a
{ - complaint - } { + petition for a stalking citation + }
under ORS 163.744 to the district attorney within three days
after presentation of the { - complaint - } { + petition + }.
{ - (8) Except for purposes of impeachment, a statement made
by the respondent at a hearing under this section may not be used
as evidence in a prosecution for stalking as defined in ORS
163.732 or for violating a court's stalking protective order as
defined in ORS 163.750. - }
SECTION 8. ORS 163.755 is amended to read:
163.755. (1) Nothing in { - ORS 30.866 or 163.730 to 163.750
shall be construed to permit - } { + sections 2 to 5 of this
2005 Act permits + } the issuance of a { - court's - }
stalking protective order under { - ORS 30.866 or 163.738 - }
{ + section 3 or 4 of this 2005 Act + }, the issuance of a
citation under ORS 163.735, a criminal prosecution under ORS
163.732 or a civil action under ORS 30.866:
(a) For conduct that is authorized or protected by the labor
laws of this state or of the United States.
(b) By or on behalf of a person who is in the legal or physical
custody of a law enforcement unit or is in custody under ORS
chapter 419C.
(c) By or on behalf of a person not described in paragraph (b)
of this subsection to or against another person who:
(A) Is a parole and probation officer or an officer, employee
or agent of a law enforcement unit, a county juvenile department
or the Oregon Youth Authority; and
(B) Is acting within the scope of the other person's official
duties.
(2) As used in this section, 'law enforcement unit' and '
parole and probation officer' have the meanings given those terms
in ORS 181.610.
SECTION 9. ORS 163.732 is amended to read:
163.732. (1) A person commits the crime of stalking if:
(a) The person { - knowingly - } { + intentionally + }
alarms or coerces another person or a member of that person's
immediate family or household by engaging in repeated and
unwanted contact with the other person;
(b) It is objectively reasonable for a person in the victim's
situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
(2)(a) Stalking is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, stalking
is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a { - court's - } stalking protective order.
(c) When stalking is a Class C felony pursuant to paragraph (b)
of this subsection, stalking shall be classified as a person
felony and as crime category 8 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission.
SECTION 10. ORS 163.750 is amended to read:
163.750. (1) A person commits the crime of violating a
{ - court's - } stalking protective order { - when - } { +
if + }:
(a) The person has been served with a { - court's - }
stalking protective order as provided in ORS { - 30.866 or
163.738 - } { + 163.741 or section 3 of this 2005 Act + } or
{ - if - } further service was waived under ORS 163.741 because
the person appeared before the court;
(b) The person, { - subsequent to the - } { + after + }
service of the order { + or waiver of service + }, has engaged
intentionally { - , knowingly or recklessly - } in conduct
prohibited by the order; and
(c) { - If - } The conduct is prohibited contact as defined
in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent
conduct has created reasonable apprehension regarding the
personal safety of a person protected by the order.
(2)(a) Violating a { - court's - } stalking protective order
is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violating
a { - court's - } stalking protective order is a Class C
felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a { - court's - } stalking protective order.
(c) When violating a { - court's - } stalking protective
order is a Class C felony pursuant to paragraph (b) of this
subsection, violating a { - court's - } stalking protective
order shall be classified as a person felony and as crime
category 8 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission.
SECTION 11. ORS 107.755 is amended to read:
107.755. (1) { - No later than January 1, 1999, - } Each
judicial district shall:
(a) Provide a mediation orientation session for all parties in
cases in which child custody, parenting time or visitation is in
dispute, and in any other domestic relations case in which
mediation has been ordered. The orientation session may be
structured in any way the circuit court determines best meets the
needs of the parties. The orientation session should be designed
to make the parties aware of:
(A) What mediation is;
(B) Mediation options available to them; and
(C) The advantages and disadvantages of each method of dispute
resolution.
(b) Except in matters tried under ORS 107.097 and 107.138 or
upon a finding of good cause, require parties in all cases
described in paragraph (a) of this subsection to attend a
mediation orientation session prior to any judicial determination
of the issues.
(c) Provide mediation under ORS 107.755 to 107.795 in any case
in which child custody, parenting time and visitation are in
dispute.
(d) Have developed a plan that addresses domestic violence
issues and other power imbalance issues in the context of
mediation orientation sessions and mediation of any issue in
accordance with the following guidelines:
(A) All mediation programs and mediators must recognize that
mediation is not an appropriate process for all cases and that
agreement is not necessarily the appropriate outcome of all
mediation;
(B) Neither the existence of nor the provisions of a
restraining order issued under ORS 107.718 may be mediated;
(C) All mediation programs and mediators must develop and
implement:
(i) A screening and ongoing evaluation process of domestic
violence issues for all mediation cases;
(ii) A provision for opting out of mediation that allows a
party to decline mediation after the party has been informed of
the advantages and disadvantages of mediation or at any time
during the mediation; and
(iii) A set of safety procedures intended to minimize the
likelihood of intimidation or violence in the orientation
session, during mediation or on the way in or out of the building
in which the orientation or mediation occurs;
(D) When a mediator explains the process to the parties, the
mediator shall include in the explanation the disadvantages of
mediation and the alternatives to mediation;
(E) All mediators shall obtain continuing education regarding
domestic violence and related issues; and
(F) Mediation programs shall collect appropriate data.
Mediation programs shall be sensitive to domestic violence issues
when determining what data to collect.
(e) In developing the plan required by paragraph (d) of this
subsection, consult with one or more of the following:
(A) A statewide or local multidisciplinary domestic violence
coordinating council.
(B) A nonprofit private organization funded under ORS 108.620.
(2) Notwithstanding any other provision of law, mediation under
ORS 107.755 to 107.795, including the mediation orientation
session described in subsection (1)(a) of this section, may not
be encouraged or provided in proceedings under ORS 30.866,
107.700 to 107.732 { - , - } { + or + } 124.005 to 124.040 or
{ - 163.738 - } { + section 3 or 4 of this 2005 Act + }.
(3) The court, as provided in ORS 3.220, may make rules
consistent with ORS 107.755 to 107.795 to govern the operation
and procedure of mediation provided under this section.
(4) If a court provides mediation of financial issues, it shall
develop a list of mediators who meet the minimum education and
experience qualifications established by rules adopted under ORS
1.002. The rules must require demonstrated proficiency in
mediation of financial issues. Once the list is developed, the
judicial district shall maintain the list. Mediation of financial
issues is subject to the plan developed under subsection (1)(d)
of this section and to the limitations imposed by subsection (2)
of this section.
(5) A circuit court may provide mediation in connection with
its exercise of conciliation jurisdiction under ORS 107.510 to
107.610, but a circuit court need not provide conciliation
services in order to provide mediation under ORS 107.755 to
107.795.
SECTION 12. ORS 133.310 is amended to read:
133.310. (1) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe that the
person has committed any of the following:
(a) A felony.
(b) A misdemeanor.
(c) An unclassified offense for which the maximum penalty
allowed by law is equal to or greater than the maximum penalty
allowed for a Class C misdemeanor.
(d) Any other crime committed in the officer's presence.
(2) A peace officer may arrest a person without a warrant when
the peace officer is notified by telegraph, telephone, radio or
other mode of communication by another peace officer of any state
that there exists a duly issued warrant for the arrest of a
person within the other peace officer's jurisdiction.
(3) A peace officer shall arrest and take into custody a person
without a warrant when the peace officer has probable cause to
believe that:
(a) There exists an order issued pursuant to ORS
{ - 30.866, - } 107.095 (1)(c) or (d), 107.716, 107.718,
124.015, 124.020 { - , 163.738 - } or 419B.845 { + or section
3 or 4 of this 2005 Act + } restraining the person;
(b) A true copy of the order and proof of service on the person
has been filed as required in ORS 107.720, 124.030, 163.741 or
419B.845; and
(c) The person to be arrested has violated the terms of that
order.
(4) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.190 presents a copy of the foreign restraining
order to the officer and represents to the officer that the order
supplied is the most recent order in effect between the parties
and that the person restrained by the order has been personally
served with a copy of the order or has actual notice of the
order; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(5) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.190 has filed a copy of the foreign restraining
order with a court or has been identified by the officer as a
party protected by a foreign restraining order entered in the Law
Enforcement Data System or in the databases of the National Crime
Information Center of the United States Department of Justice;
and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(6) A peace officer shall arrest and take into custody a person
without a warrant if the peace officer has probable cause to
believe:
(a) The person has been charged with an offense that also
constitutes domestic violence, as defined in ORS 135.230, and is
presently released as to that charge under ORS 135.230 to
135.290; and
(b) The person has failed to comply with the no contact
condition of the release agreement.
SECTION 13. ORS 163.744 is amended to read:
163.744. (1) A person may initiate an action seeking a citation
under ORS 163.735 by presenting a { - complaint - } { +
petition for a stalking citation + }to a law enforcement officer
or to any law enforcement agency. The { - complaint shall
be - } { + petition must contain + } a statement setting forth
with particularity the conduct that is the basis for the
{ - complaint - } { + petition + }. The petitioner must affirm
the truth of the facts in the { - complaint - } { +
petition + }.
(2) The Department of State Police shall develop and distribute
the form of the { - complaint - } { + petition + }. The form
{ - shall - } { + must + } include the standards for reviewing
the { - complaint - } { + petition + } and for action. The
form { - shall - } { + must + } be uniform throughout the
state and { - shall - } { + must + } include substantially
the following material:
_________________________________________________________________
{ -
STALKING COMPLAINT - } { + PETITION FOR A STALKING CITATION + }
Name of petitioner (person presenting { - complaint - } { +
petition + }): ______________
Name of person being stalked if other than the petitioner:
____________
__________________
Name of respondent (alleged stalker):
__________________
Description of respondent:
__________________
__________________
__________________
Length of period of conduct:
__________________
__________________
Description of relationship (if any) between petitioner or person
being stalked, if other than the petitioner, and respondent:
__________________
__________________
Description of contact:
__________________
__________________
__________________
__________________
__________________
Subscribed to and affirmed by:
__________________
(signature of petitioner)
(printed name of petitioner)
__________________
Dated: ________
_________________________________________________________________
(3) A parent may present a { - complaint to protect - } { +
petition on behalf of + } a minor child. A guardian may present a
{ - complaint to protect a dependent - } { + petition on
behalf of a protected + } person.
(4) By signing the { - complaint - } { + petition + }, a
person is making a sworn statement for purposes of ORS 162.055 to
162.425.
SECTION 14. ORS 163.735 is amended to read:
163.735. (1) Upon a { - complaint - } { + petition + }
initiated as provided in ORS 163.744, a law enforcement officer
shall issue a citation ordering the person to appear in court
within three judicial days and show cause why the court should
not enter a
{ - court's - } stalking protective order when the officer has
probable cause to believe that:
(a) The person intentionally { - , knowingly or recklessly - }
engages in repeated and unwanted contact with the { - other
person - } { + petitioner + } or a member of { - that
person's - } { + the petitioner's + } immediate family or
household { + , + } thereby alarming or coercing the
{ - other person - } { + petitioner + };
(b) It is objectively reasonable for a person in the
{ - victim's - } { + petitioner's + } situation to have been
alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the
{ - victim - } { + petitioner + } reasonable apprehension
regarding the personal safety of the { - victim - } { +
petitioner + } or a member of the { - victim's - }
{ + petitioner's + } immediate family or household.
(2) The Department of State Police shall develop and distribute
a form for the citation. The form { - shall - } { + must + }
be uniform throughout the state and { - shall - } { +
must + } contain substantially the following in addition to any
other material added by the department:
_________________________________________________________________
OFFICER:_____________
AGENCY:_____________
PETITIONER:____________
PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:_________
RESPONDENT:___________
On behalf of petitioner, I affirm that I am a law enforcement
officer in the State of Oregon.
You, the respondent, must appear at __________ (name and
location of court at which respondent is to appear) on _____
(date and time respondent is to appear in court). At this
hearing, you must be prepared to establish why the court should
not enter a { - court's - } stalking protective order which
shall be for { - an unlimited duration unless limited by law or
court order - } { + a period of one to five years, as
determined by the court + }. If you fail to appear at this
hearing, the court { - shall immediately - } { + may + }
issue a warrant for your arrest and shall enter a
{ - court's - } stalking protective order.
If the court issues a stalking protective order at this
hearing, and while the protective order is in effect, federal law
may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to violate this order and then violating this order.
Causing the person protected by the order, if the person is
your spouse or intimate partner, to cross state lines or tribal
land lines for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or
firearm ammunition.
Whether or not a stalking protective order is in effect,
federal law may prohibit you from:
Traveling across state lines or tribal land lines with the
intent to injure or harass another person and during, or because
of, that travel placing that person in reasonable fear of death
or serious bodily injury to that person or to a member of that
person's immediate family.
Traveling across state lines or tribal land lines with the
intent to injure your spouse or intimate partner and then
intentionally committing a crime of violence causing bodily
injury to that person.
Causing your spouse or intimate partner to travel across state
lines or tribal land lines if your intent is to cause bodily
injury to that person or if the travel results in your causing
bodily injury to that person.
It has been alleged that you have alarmed or coerced the
petitioner, or person to be protected if other than the
petitioner. If you engage in contact that alarms or coerces the
petitioner, or person to be protected if other than the
petitioner, in violation of ORS 163.732, you may be arrested for
the crime of stalking.
Date: _____ Time: _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Signed:___
__
(Respondent)
Signed:___
__
(Law enforcement officer).
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (3) If the respondent fails to appear at the date, time
and place specified in a citation issued under this section, the
court may proceed under ORS 33.055. + }
SECTION 15. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the { - Immigration and Naturalization
Service - } { + United States Citizenship and Immigration
Services + } the intent to acquire citizenship status and can
present proof of the written declaration to the sheriff at the
time of application for the license;
(b) Is at least 21 years of age;
(c) Has a principal residence in the county in which the
application is made;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Department of Human Services
under ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470; and
(L) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS { - 30.866, - } 107.700 to 107.732 or
{ - 163.738 - } { + section 3 or 4 of this 2005 Act + }.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (k) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession from its central bureau of criminal identification
including, but not limited to, manual or computerized criminal
offender information.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout the state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the { - Immigration
and Naturalization Service - } { + United States Citizenship
and Immigration Services + } my intention to become a citizen and
can present proof of the written declaration to the sheriff at
the time of this application. I am at least 21 years of age. I
have been discharged from the jurisdiction of the juvenile court
for more than four years if, while a minor, I was found to be
within the jurisdiction of the juvenile court for having
committed an act that, if committed by an adult, would constitute
a felony or a misdemeanor involving violence, as defined in ORS
166.470. I have never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony in the State
of Oregon or elsewhere. I have not, within the last four years,
been convicted of a misdemeanor or found guilty, except for
insanity under ORS 161.295, of a misdemeanor. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Department
of Human Services under ORS 426.130, nor have I been found
mentally ill and presently subject to an order prohibiting me
from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS
{ - 30.866, - } 107.700 to 107.732 or { - 163.738 - } { +
section 3 or 4 of this 2005 Act + }. I understand I will be
fingerprinted and photographed.
Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
1.________
2.________
Height ___ Weight ___
Hair color ___ Eye color ___
Current address _____
(List residence addresses for the
past three years on the back.)
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff) Date ___ Fee Paid ___
License No. ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
SECTION 16. ORS 135.240 is amended to read:
135.240. (1) Except as provided in subsections (2), (4) and (5)
of this section, a defendant shall be released in accordance with
ORS 135.230 to 135.290.
(2)(a) When the defendant is charged with murder, aggravated
murder or treason, release shall be denied when the proof is
evident or the presumption strong that the person is guilty.
(b) When the defendant is charged with murder or aggravated
murder and the proof is not evident nor the presumption strong
that the defendant is guilty, the court shall determine the issue
of release as provided in subsection (4) of this section. In
determining the issue of release under subsection (4) of this
section, the court may consider any evidence used in making the
determination required by this subsection.
(3) The magistrate may conduct such hearing as the magistrate
considers necessary to determine whether, under subsection (2) of
this section, the proof is evident or the presumption strong that
the person is guilty.
(4)(a) Except as otherwise provided in subsection (5) of this
section, when the defendant is charged with a crime listed in ORS
137.700 or 137.707, other than attempt or conspiracy to commit
murder or attempt or conspiracy to commit aggravated murder,
release shall be denied unless the court determines by clear and
convincing evidence that the defendant will not commit new
criminal offenses while on release.
(b) If the defendant wants to have a hearing on the issue of
release, the defendant must request the hearing at the time of
arraignment in circuit court. If the defendant requests a release
hearing, the court must hold the hearing within five days of the
request.
(c) At the release hearing, unless the state stipulates to the
setting of security or release, the court shall determine whether
probable cause exists to believe the defendant has committed an
offense listed in ORS 137.700 or 137.707, other than attempt or
conspiracy to commit murder or attempt or conspiracy to commit
aggravated murder, and, if so, whether the defendant would commit
new crimes while on release. The state has the burden of
producing evidence at the release hearing subject to ORS 40.015
(4).
(d) The defendant may be represented by counsel and may present
evidence on any relevant issue. However, the hearing may not be
used for purposes of discovery.
(e) If the court determines that the defendant will not commit
new crimes while on release, the court shall set security or
other appropriate conditions of release. If the court does not
determine that the defendant will not commit new crimes while on
release, the court shall deny release.
(f) When a defendant who has been released violates a condition
of release and the violation:
(A) Constitutes a new criminal offense, the court shall cause
the defendant to be taken back into custody and shall order the
defendant held pending trial without release.
(B) Does not constitute a new criminal offense, the court may
order the defendant to be taken back into custody, may order the
defendant held pending trial and may set a security amount of not
less than $250,000.
(5) If the United States Constitution or the Oregon
Constitution prohibits application of subsection (4) of this
section, then notwithstanding any other provision of law, the
court shall set a security amount of not less than $50,000 for a
defendant charged with an offense listed in ORS 137.700 or
137.707 and may not release the defendant on any form of release
other than a security release. In addition to the security
amount, the court may impose any supervisory conditions deemed
necessary for the protection of the victim and the community.
When a defendant who has been released violates a condition of
release and the violation:
(a) Constitutes a new criminal offense, the court shall cause
the defendant to be taken back into custody, shall order the
defendant held pending trial and shall set a security amount of
not less than $250,000.
(b) Does not constitute a new criminal offense, the court may
order the defendant to be taken back into custody, may order the
defendant held pending trial and may set a security amount of not
less than $250,000.
{ + (6) When the defendant is charged with violating any
provision of a stalking protective order issued under section 3
or 4 of this 2005 Act and unless otherwise specified by the
court, the court shall set a security amount of not less than
$5,000. + }
SECTION 17. ORS 163.730 is amended to read:
163.730. As used in ORS 30.866 and 163.730 to 163.750 { + and
sections 2 to 5 of this 2005 Act + }, unless the context requires
otherwise:
(1) 'Alarm' means to cause apprehension or fear resulting from
the perception of danger.
(2) 'Coerce' means to restrain, compel or dominate by force or
threat.
(3) { + And except as otherwise provided in subsection (4) of
this section, + } 'contact' includes but is not limited to:
(a) Coming into the visual or physical presence of the other
person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school
of the other person or of a member of that person's family or
household;
(d) Sending or making written or electronic communications in
any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship
to the other person with the intent of affecting the third
person's relationship with the other person;
(i) Communicating with business entities with the intent of
affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work
or school; or
(k) Delivering directly or through a third person any object to
the home, property, place of work or school of the other person.
{ + (4) 'Contact' does not include serving the other person
with a copy of a document required by law to be served on the
other person if:
(a) The person serves the document by mail; and
(b) The contents of the document are not intended to alarm or
coerce the other person. + }
{ - (4) - } { + (5) + } 'Household member' means any person
residing in the same residence as the victim.
{ - (5) - } { + (6) + } 'Immediate family' means father,
mother, child, sibling, parent, spouse, grandparent, stepparent
and stepchild.
{ - (6) - } { + (7) + } 'Law enforcement officer' means any
person employed in this state as a police officer by a county
sheriff, constable, marshal or municipal or state police agency.
{ - (7) - } { + (8) + } 'Repeated' means two or more times.
{ - (8) - } { + (9) + } 'School' means a public or private
institution of learning or a child care facility.
SECTION 18. ORS 40.355 is amended to read:
40.355. (1) For the purpose of attacking the credibility of a
witness, evidence that the witness has been convicted of a crime
shall be admitted if elicited from the witness or established by
public record, but only if the crime:
(a) Was punishable by death or imprisonment in excess of one
year under the law under which the witness was convicted; or
(b) Involved false statement or dishonesty.
(2)(a) If a defendant is charged with one or more of the crimes
listed in paragraph (b) of this subsection, and the defendant is
a witness, evidence that the defendant has been convicted of
committing one or more of the following crimes against a family
or household member, as defined in ORS 135.230, may be elicited
from the defendant, or established by public record, and admitted
into evidence for the purpose of attacking the credibility of the
defendant:
(A) Assault in the fourth degree under ORS 163.160.
(B) Menacing under ORS 163.190.
(C) Harassment under ORS 166.065.
(D) Attempted assault in the fourth degree under ORS 163.160
(1).
(E) Attempted assault in the fourth degree under ORS 163.160
(3).
(F) Strangulation under ORS 163.187.
(b) Evidence may be admitted into evidence for the purpose of
attacking the credibility of a defendant under the provisions of
this subsection only if the defendant is charged with committing
one or more of the following crimes against a family or household
member, as defined in ORS 135.230:
(A) Aggravated murder under ORS 163.095.
(B) Murder under ORS 163.115.
(C) Manslaughter in the first degree under ORS 163.118.
(D) Manslaughter in the second degree under ORS 163.125.
(E) Assault in the first degree under ORS 163.185.
(F) Assault in the second degree under ORS 163.175.
(G) Assault in the third degree under ORS 163.165.
(H) Assault in the fourth degree under ORS 163.160.
(I) Rape in the first degree under ORS 163.375 (1)(a).
(J) Sodomy in the first degree under ORS 163.405 (1)(a).
(K) Unlawful sexual penetration in the first degree under ORS
163.411 (1)(a).
(L) Sexual abuse in the first degree under ORS 163.427
(1)(a)(B).
(M) Kidnapping in the first degree under ORS 163.235.
(N) Kidnapping in the second degree under ORS 163.225.
(O) Burglary in the first degree under ORS 164.225.
(P) Coercion under ORS 163.275.
(Q) Stalking under ORS 163.732.
(R) Violating a { - court's - } stalking protective order
under ORS 163.750.
(S) Menacing under ORS 163.190.
(T) Harassment under ORS 166.065.
(U) Strangulation under ORS 163.187.
(V) Attempting to commit a crime listed in this paragraph.
(3) Evidence of a conviction under this section is not
admissible if:
(a) A period of more than 15 years has elapsed since the date
of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is the later
date; or
(b) The conviction has been expunged by pardon, reversed, set
aside or otherwise rendered nugatory.
(4) When the credibility of a witness is attacked by evidence
that the witness has been convicted of a crime, the witness shall
be allowed to explain briefly the circumstances of the crime or
former conviction; once the witness explains the circumstances,
the opposing side shall have the opportunity to rebut the
explanation.
(5) The pendency of an appeal therefrom does not render
evidence of a conviction inadmissible. Evidence of the pendency
of an appeal is admissible.
(6) An adjudication by a juvenile court that a child is within
its jurisdiction is not a conviction of a crime.
(7) A conviction of any of the statutory counterparts of
offenses designated as violations as described in ORS 153.008 may
not be used to impeach the character of a witness in any criminal
or civil action or proceeding.
SECTION 19. ORS 90.453 is amended to read:
90.453. (1) As used in this section, 'verification' means:
(a) A copy of a valid order of protection issued by a court
pursuant to ORS { - 30.866, - } 107.095 (1)(c), 107.716,
107.718, 124.015 { - , - } { + or + } 124.020 { - or
163.738 - } { + or section 3 or 4 of this 2005 Act + } or any
other court order that restrains a person from contact with the
tenant;
(b) A copy of a police report regarding an act of domestic
violence, sexual assault or stalking against the tenant or a
minor member of the tenant's household; or
(c) A statement by a law enforcement officer that the tenant
has reported to the officer that the tenant or a minor member of
the tenant's household is a victim of domestic violence, sexual
assault or stalking.
(2) If a tenant gives a landlord at least 14 days' written
notice, with verification that the tenant has been the victim of
domestic violence, sexual assault or stalking within the 90 days
preceding the date of the notice, and the notice so requests, the
landlord shall release the tenant from the rental agreement. The
notice given by the tenant must specify the release date.
(3) A tenant who is released from a rental agreement pursuant
to subsection (2) of this section:
(a) Is not liable for rent or damages to the dwelling unit
incurred after the release date; and
(b) Is not subject to any fee solely because of termination of
the rental agreement.
(4) Notwithstanding the release from a rental agreement of a
tenant who is a victim, any other tenant remains subject to the
rental agreement.
(5) A verification statement by a law enforcement officer must
be in substantially the following form:
_________________________________________________________________
LAW ENFORCEMENT OFFICER
VERIFICATION
_______________
Name of law enforcement officer
_______________
Name of tenant
PART 1. STATEMENT BY TENANT
I, _____ (Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been abused,
sexually assaulted or stalked as described or defined by ORS
124.005, 135.230, 147.450 or 163.732.
(B) The most recent incident(s) that I rely on in support of
this statement occurred on the following date(s): ______.
I make this statement in support of my request to be released
from my rental agreement.
_______________
(Signature of tenant)
Date: _____
PART 2. STATEMENT BY LAW ENFORCEMENT OFFICER
I, _____ (Name of law enforcement officer), do hereby verify as
follows:
(A) I am a law enforcement officer.
(B) My name, business address and business telephone are as
follows:
_______________
_______________
_______________
I am employed by ________.
(Name and address of law enforcement agency)
(C) I verify that the person who signed the statement above has
informed me that the person or a minor member of the person's
household is a victim of domestic violence, sexual assault or
stalking, based on incidents that occurred on the dates listed
above.
(D) I reasonably believe the statement of the person above that
the person or a minor member of the person's household is a
victim of domestic violence, sexual assault or stalking. I
understand that the person who made the statement may use this
document as a basis for gaining a release from the rental
agreement with the person's landlord.
_______________
(Signature of law enforcement officer
making this statement)
Date: _____
_________________________________________________________________
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