1 | State | 2018 Statute Number | 2018 Statute Number |
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2 | Oregon | Or. Rev. Stat. Ann. § 124.005. Definitions. | (1) “Abuse” means one or more of the following: (a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury. (b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being. (c) Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person. (d) Willful infliction of physical pain or injury. (e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability. (f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense. (g) Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out. (h) Sexual contact with a nonconsenting elderly person or person with a disability or with an elderly person or person with a disability considered incapable of consenting to a sexual act as described in ORS 163.315. As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305. (2) “Declaration under penalty of perjury” means a declaration under penalty of perjury in the form required by ORCP 1 E. (3) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665. (4) “Guardian petitioner” means a guardian or guardian ad litem for an elderly person or a person with a disability who files a petition under ORS 124.005 to 124.040 on behalf of the elderly person or person with a disability. (5) “Interfere” means to interpose in a way that hinders or impedes. (6) “Intimidate” means to compel or deter conduct by a threat. (7) “Menace” means to act in a threatening manner. (8) “Molest” means to annoy, disturb or persecute with hostile intent or injurious effect. (9) “Person with a disability” means a person described in: (a) ORS 410.040 (7); or (b) ORS 410.715. (10) “Petitioner” means an elderly person or a person with a disability who files a petition under ORS 124.005 to 124.040. (11) “Sweepstakes” means: (a) A procedure for awarding a prize that is based on chance; (b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or (c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize. (12) “Sweepstakes promotion” means an offer to participate in a sweepstakes. |
3 | Or. Rev. Stat. Ann. § 124.010. Petition for relief; time limitation; information to be provided petitioner; exception | (1)(a) Except as provided in subsection (8) of this section, an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days or a guardian or guardian ad litem of an elderly person or a person with a disability who has been the victim of abuse within the preceding 180 days may petition the circuit court for relief under ORS 124.005 to 124.040, if the person is in immediate and present danger of further abuse from the abuser. (b) The elderly person or person with a disability or the guardian or guardian ad litem of the person may seek relief by filing a petition with the circuit court alleging that the person is in immediate and present danger of further abuse from the respondent, alleging that the person has been the victim of abuse committed by the respondent within the 180 days preceding the filing of the petition and describing the nature of the abuse and the approximate dates thereof. The abuse must have occurred not more than 180 days before the filing of the petition. (c) A petitioner or guardian petitioner is not required to provide in the petition information regarding the relationship between the elderly person or person with a disability and the respondent. (d) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. The circuit court has jurisdiction over all proceedings under ORS 124.005 to 124.040. (2) The petitioner or guardian petitioner has the burden of proving a claim under ORS 124.005 to 124.040 by a preponderance of the evidence. (3) The right to petition for relief under ORS 124.005 to 124.040 is not affected by the fact that the elderly person or person with a disability has left the residence or household to avoid abuse. (4) A petition filed under ORS 124.005 to 124.040 must disclose the existence of any Elderly Persons and Persons With Disabilities Abuse Prevention Act proceedings, any Abuse Prevention Act proceedings, any marital annulment, dissolution or separation proceedings pending between the parties or any protective proceedings under ORS chapter 125. (5) Upon the filing of a petition under ORS 124.005 to 124.040, the clerk of the court shall give the petitioner or guardian petitioner information provided by the Department of Human Services about local adult protective services, domestic violence shelters and local legal services available. (6) For purposes of computing the 180-day period in this section and ORS 124.020, any time during which the respondent is incarcerated or has a principal residence more than 100 miles from the principal residence of the elderly person or person with a disability is not counted as part of the 180-day period. (7) If a guardian or guardian ad litem files a petition under this section on behalf of an elderly person or a person with a disability, the elderly person or person with a disability retains the right to: (a) Contact and retain counsel; (b) Have access to personal records; (c) File objections to the restraining order; (d) Request a hearing; and (e) Present evidence and cross-examine witnesses at any hearing. (8) An elderly person or a person with a disability may not file a petition under ORS 124.005 to 124.040 against a guardian or conservator for the person. | |
4 | Or. Rev. Stat. Ann. § 124.012. Filing of petitions; where contempt proceedings must be conducted. | A petition under ORS 124.010 may be filed only in a county in which the petitioner or respondent resides. Any contempt proceedings for violation of a restraining order issued under ORS 124.005 to 124.040 must be conducted by the court that issued the order, or by the circuit court for a county in which a violation of the restraining order occurs. If contempt proceedings are initiated in the circuit court for a county in which a violation of the restraining order occurs, the person initiating the contempt proceedings shall file with the court a copy of the restraining order, certified by the clerk of the court that issued the order. Upon filing of the certified copy of the restraining order, the court shall enforce the order as though that court had issued the order. | |
5 | Or. Rev. Stat. Ann. § 124.015. Hearing upon request of respondent; relief; settlement; effect of proceedings. | (1) The court shall hold a hearing within 21 days following the request, and may cancel or change any order issued under ORS 124.020 if the respondent, elderly person or person with a disability requests a hearing pursuant to ORS 124.020 (9). (2) In addition to the relief granted under ORS 124.020, the court, in a hearing held pursuant to subsection (1) of this section, may: (a) Require either party to move from any residence whose title or right to occupy such premises is held jointly by the parties; and (b) Assess against any party reasonable attorney fees and such costs as may be incurred in the hearing. (3)(a) If the respondent is represented by an attorney, time for the hearing may be extended for up to five days at the request of the petitioner or guardian petitioner so that the petitioner or guardian petitioner may seek representation. (b) If the elderly person or person with a disability is represented by an attorney, time for the hearing may be extended for up to five days at the request of the respondent or guardian petitioner so that the respondent or guardian petitioner may seek representation. (4) The court may approve any consent agreement to bring about a cessation of abuse of the parties. However, the court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted an order under ORS 124.010. An order or consent agreement made under this section may be amended at any time and shall continue in effect for a period of one year from the date of the order issued under ORS 124.020. (5) An order or agreement made under ORS 124.005 to 124.040 or ORS 133.310 and 133.381 may not in any manner affect title to any real property. (6) No undertaking shall be required in any proceeding under ORS 124.005 to 124.040. (7) Any proceeding under ORS 124.005 to 124.040 shall be in addition to and not in lieu of any other available civil or criminal remedies. (8) Notwithstanding any right or remedy established in ORS chapter 90 or ORS 105.105 to 105.168, a petitioner or guardian petitioner may enforce an order issued under ORS 124.005 to 124.040. | |
6 | Or. Rev. Stat. Ann. § 124.020. Ex parte hearing | (1) When a petitioner or guardian petitioner files a petition under ORS 124.010, the circuit 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. Upon a showing that the elderly person or person with a disability named in the petition has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition and that there is an immediate and present danger of further abuse to the person, the court shall, if requested by the petitioner or guardian petitioner, order, for a period of one year or until the order is withdrawn or amended, whichever is sooner: (a) That the respondent be required to move from the residence of the elderly person or person with a disability, if in the sole name of the person or if jointly owned or rented by the person and the respondent, or if the parties are married to each other; (b) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party; (c) That the respondent be restrained from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability, or attempting to abuse, intimidate, molest, interfere with or menace the person; (d) That the respondent be restrained from entering, or attempting to enter, on any premises when it appears to the court that such restraint is necessary to prevent the respondent from abusing, intimidating, molesting, interfering with or menacing the elderly person or person with a disability; (e) That the respondent be: (A) Restrained, effective on a date not less than 150 days from the date of the order, from mailing the elderly person or person with a disability any sweepstakes promotion; (B) Required to remove the elderly person or person with a disability from the respondent’s sweepstakes promotion mailing list or place the person on a list of persons to whom sweepstakes promotions may not be mailed; and (C) Required to promptly refund any payment received in any form from the elderly person or person with a disability after the date the order is entered by the court; or (f) Except as provided in subsection (2) of this section, other relief that the court considers necessary to provide for the safety and welfare of the elderly person or person with a disability. (2)(a) If the court finds that the elderly person or person with a disability has been the victim of abuse as defined in ORS 124.005 (1)(g), the court may order only relief that the court considers necessary to prevent or remedy the wrongful taking or appropriation of the money or property of the person, including but not limited to: (A) Directing the respondent to refrain from exercising control over the money or property of the person; (B) Requiring the respondent to return custody or control of the money or property of the person to the person; (C) Requiring the respondent to follow the instructions of the guardian or conservator of the person; or (D) Prohibiting the respondent from transferring the money or property of the elderly person or person with a disability to any person other than the elderly person or person with a disability. (b) The court may not use a restraining order issued under ORS 124.005 to 124.040: (A) To allow any person other than the elderly person or person with a disability to assume responsibility for managing any of the money or property of the elderly person or person with a disability; or (B) For relief that is more appropriately obtained in a protective proceeding filed under ORS chapter 125 including, but not limited to, giving control and management of the financial accounts or property of the elderly person or person with a disability for any purpose other than the relief granted under paragraph (a) of this subsection. (3) The showing required under subsection (1) of this section may be made by testimony of: (a) The elderly person or person with a disability; (b) The guardian or guardian ad litem of the elderly person or person with a disability; (c) Witnesses to the abuse; or (d) Adult protective services workers who have conducted an investigation. (4) Immediate and present danger under this section includes but is not limited to situations in which the respondent has recently threatened the elderly person or person with a disability with additional abuse. (5) When a guardian petitioner files a petition on behalf of an elderly person or a person with a disability, the guardian petitioner shall provide information about the person and not about the guardian petitioner where the petition, order or related forms described in subsection (6) of this section require information about the petitioner. (6) An instruction brochure shall be available from the clerk of the court explaining the rights set forth under ORS 124.005 to 124.040. The petition, order and related forms shall be available from the clerk of the court and shall be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ____________ ______, ) PETITION FOR Petitioner ) RESTRAINING ORDER (your name) ) TO PREVENT ABUSE ) OF ELDERLY ) PERSONS OR ) PERSONS WITH vs. ) DISABILITIES ) ) NO. _____ ______, ) Respondent ) (person to be ) restrained) ) YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF COURT. If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary. ATTACH ADDITIONAL PAGES IF NECESSARY. I am the Petitioner and I state that the following information is true: I am a resident of ___________ County, Oregon. Respondent is a resident of ________ County, Oregon. I am either 65 years of age or older (I am ______ years of age) or I am a person with a disability (CIRCLE THE ONE THAT DESCRIBES YOU). 1. CHECK AND FILL OUT ANY SECTION(S) that apply to you and respondent: __ A. Respondent and I have been living together since ______,___ (year). __ B. Respondent and I lived together from ______, ___ (year), to________,___ (year). __ C. I have been under the care of respondent since ______,___ (year). __ D. I was under the care of respondent from ______, ___ (year), to________,___ (year). __ E. Respondent has sent me sweepstakes promotions. __ F. None of the above. 2. To qualify for a restraining order, respondent must have done one or more of the following: Within the last 180 days, respondent has: __ A. Caused me physical injury by other than accidental means. __ B. Attempted to cause me physical injury by other than accidental means. __ C. Placed me in fear of immediate serious physical injury. __ D. Caused me physical harm by withholding services necessary to maintain my health and well-being. __ E. Abandoned or deserted me by withdrawing or neglecting to perform duties and obligations. __ F. Used derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to place me in fear of significant physical or emotional harm. __ G. Sent me sweepstakes promotions, and I feel the need for the court’s assistance to protect me from further expense. I am an elderly person or a person with a disability. In the past year, I spent more than $500 on sweepstakes promotions that I received in the United States mail. __ H. Wrongfully taken or appropriated my money or property, or alarmed me by conveying a threat to me that my money or property would be wrongfully taken or appropriated, which I reasonably believed would be carried out. __ I. Had nonconsensual sexual contact with me or sexual contact to which I was incapable of consenting. NOTICE TO PETITIONER: Sweepstakes companies are allowed up to 150 days to stop sending you sweepstakes entry materials. For a time after the court issues a restraining order, you may receive additional solicitations from respondent. However, beginning on the date the restraining order is issued, the respondent must immediately reject any further orders from you and must return any money you send to the company after the date the restraining order is issued. 3. Any period of time after the abuse occurred during which respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home is not counted as part of the 180-day period, and you may still be eligible for a restraining order. Respondent was incarcerated from___________,___ (year), to _________, ___ (year). Respondent lived more than 100 miles from my home from ________, ___ (year), to________, ___ (year). 4. Did the abuse happen within the last 180 days not including the times respondent was incarcerated (in jail or prison) or lived more than 100 miles from your home? Yes No Date and location of abuse: ______________________ ______________________ How did respondent injure or threaten to injure you? ______________________ ______________________ ______________________ 5. Are there incidents other than those described in question 4 above, in which respondent injured or threatened to injure you? If yes, explain: ______________________ ______________________ ______________________ 6. The abuse I am complaining about was witnessed by _________ (affidavit attached). Other persons with knowledge of the abuse are _________ (affidavit attached). 7. I am in immediate and present danger of further abuse by respondent because: ______________________ ______________________ ______________________ 8. In any of the above incidents: Were drugs, alcohol or weapons involved? Yes No Did you need medical help? Yes No Were the police or the courts involved? Yes No If you have circled yes to any of the above questions, explain: ______________________ ______________________ 9. A. There (is) (is not) another Elderly Persons and Persons With Disabilities Abuse Prevention Act or Abuse Prevention Act proceeding pending between respondent and me. It is filed in ______ (County), ______(State), and I am (Petitioner) or (Respondent) in that case. The case number of the case is: _______________ B. There (is) (is not) another lawsuit pending between respondent and me for divorce, annulment or legal separation. If yes, type of lawsuit: _______________ It is filed in ________ (County), ________(State). C. There (is) (is not) a protective proceeding filed in ______ (County), ______(State). 10. Respondent may be required to move from your residence if it is in your sole name, or if it is jointly owned or rented by you and respondent, or if you and respondent are married. I (do) (do not) want respondent to move from my residence. My residence is: Owned Leased Rented By: _______________ PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE “PETITIONER’S REQUEST” COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS ATTACHED. ______________________________________________________________________________ PETITIONER MUST NOTIFY THE COURT OF ANY CHANGE OF ADDRESS. ALL NOTICES OF HEARING WILL BE SENT TO THIS ADDRESS AND DISMISSALS MAY BE ENTERED IF YOU DO NOT APPEAR AT A SCHEDULED HEARING. If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary. _________ PETITIONER STATE OF OREGON ) ) ss. County of _____ ) SUBSCRIBED AND SWORN TO before me this _____ day of______, 2___. ______________________ NOTARY PUBLIC FOR OREGON My commission expires: ______ RELEVANT DATA RESPONDENT _______________ Sex ___ Telephone # ________ Residence Address ____________ City/State/Zip _______________ County _______________ Birthdate ______ Age ___ Race ______ Height ________ Weight ________ Eye Color ________ Hair Color ________ PETITIONER (you)____________ GUARDIAN PETITIONER Sex _____ *Telephone #________ Name ____________ *Residence Address____________ Address ____________ City/State/Zip_______________ __________________ County__________________ Telephone # ___________ Birthdate ________ Age _____ Race ________ Height ________ Weight ________ Eye Color ________ Hair Color ________ *If you wish to have your residential address or telephone number withheld from respondent, use a contact address and telephone number so the Court and the Sheriff can reach you if necessary. PLEASE FILL OUT THIS INFORMATION TO AID IN SERVICE OF THE RESTRAINING ORDER Where is respondent most likely to be located? Residence Hours ________ Employment Hours ________ Address: ______ ____________ Employment Hours ________ Address: ______ ____________ Description of vehicle ____________ ___________________________ Does respondent have any weapons or access to weapons? Explain: ______________________________________________________________________________ ______________________________________________________________________________ Has respondent ever been arrested for or convicted of a violent crime? Explain: ______________________________________________________________________________ ______________________________________________________________________________ Is there anything about respondent’s character, past behavior or the present situation that indicates that respondent may be a danger to self or others? Explain: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ____________ _________, ) Petitioner ) (your name) ) RESTRAINING ORDER ) TO PREVENT ABUSE ) OF ELDERLY PERSONS vs. ) OR PERSONS WITH ) DISABILITIES ) ) NO. ________ _________, ) Respondent ) (person to be restrained) ) ) TO THE RESPONDENT: VIOLATION OF THIS RESTRAINING ORDER MAY RESULT IN YOUR ARREST AND IN CIVIL AND/OR CRIMINAL PENALTIES. REVIEW THIS ORDER CAREFULLY. EACH PROVISION MUST BE OBEYED. SEE YOUR RIGHTS TO A HEARING. The Court, having reviewed the petition, makes the following findings: Judge’s Initials __ Petitioner has been abused by respondent as defined by ORS 124.005; __ The abuse of petitioner by respondent occurred within the last 180 days as provided in ORS 124.010; __ There is an immediate and present danger of further abuse to petitioner. IT IS HEREBY ORDERED that: Petitioner’s Request Judge’s Initials [ ] 1. Respondent is restrained (prohibited) from intimidating, _____ molesting, interfering with or menacing petitioner, or attempting to intimidate, molest, interfere with or menace petitioner. [ ] 2. Respondent is restrained (prohibited) from entering, or _____ attempting to enter: (Include names and address unless withheld for safety reasons.) [ ] Petitioner’s residence. _____ [ ] Petitioner’s business or place of employment. _____ [ ] Petitioner’s school. _____ [ ] Other locations. _____ [ ] 3. Respondent is restrained (prohibited) from: [ ] Contacting, or attempting to contact, petitioner by telephone. _____ [ ] Contacting, or attempting to contact, petitioner by mail. _____ [ ] 4. Respondent shall move from and not return to the re- _____ sidence located at ____________ except with a peace officer in order to remove essential personal effects of the respondent, including, but not limited to: clothing, toiletries, medications, Social Security cards, birth certificates, identification and tools of the trade. [ ] 5. A peace officer shall accompany the petitioner to the _____ parties’ residence in order to remove essential personal effects of petitioner, including, but not limited to: clothing, toiletries, medications, Social Security cards, birth certificates, identification and tools of the trade. [ ] 6. Beginning on a date not less than 150 _____ days from the date of this order, the respondent shall not mail the petitioner any further sweepstakes promotions. [ ] 7. Respondent shall remove the petitioner from _____ the respondent’s sweepstakes promotion mailing list or shall place the petitioner on the respondent’s list of persons to whom sweepstakes promotions may not be mailed. [ ] 8. Respondent shall refund any payment received _____ in any form from the petitioner after the date this order is entered by the court. [ ] 9. Other relief:________________________ _____ ______________________________ ______________________________ [ ] 10. No further service is necessary because respondent _____ appeared in person before the Court. IT IS FURTHER ORDERED that: SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000 unless otherwise specified. Other Amount ($ ) THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR SUPERSEDED, WHICHEVER OCCURS FIRST. DATED this _____ day of_______________, 2___. ______________________ CIRCUIT COURT JUDGE (signature) ______________________ CIRCUIT COURT JUDGE (printed) ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ ) ______, ) NO. _____ Petitioner, ) vs. ) AFFIDAVIT OF PROOF ______, ) OF SERVICE Respondent. ) ) ) STATE OF ) OREGON ) ) ss. County of___ ) I am a resident of the State of Oregon. I am a competent person 18 years of age or older. I am not an attorney for or a party to this case, or an officer, director or employee of any party to this case. On the _____ day of______, 2___, I served the Restraining Order to Prevent Abuse of Elderly Persons or Persons With Disabilities and the Petition for Restraining Order to Prevent Abuse of Elderly Persons or Persons With Disabilities in this case personally upon the above-named respondent in _________ County by delivering to the respondent a copy of those papers, each of which was certified to be a true copy of each original. ______________________ Signature of ____________ SUBSCRIBED AND SWORN TO before me this _____ day of______, 2___. _____________________ NOTARY PUBLIC FOR OREGON My Commission Expires: ______ ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ ) ______, ) NO. _____ Petitioner, ) vs. ) MOTION AND ORDER ______, ) OF DISMISSAL Respondent. ) ) Comes now petitioner, ________, and moves this Court for an order allowing the voluntary withdrawal and dismissal of the Restraining Order on file herein. __________________ Petitioner SUBSCRIBED AND SWORN TO before me this _____ day of______, 2___. _____________________ NOTARY PUBLIC FOR OREGON My Commission Expires: ______ IT IS SO ORDERED this _____ day of______, 2___. __________________ JUDGE ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ ______, ) (D.O.B._____) ) NOTICE TO RESPONDENT Petitioner, ) (Elderly Persons and ) Persons With Disabilities ) Abuse Prevention Act) ) and ) NO. _____ ) ______, ) (D.O.B._____) ) Respondent. ) THIS FORM MUST BE ATTACHED TO SERVICE COPY OF RESTRAINING ORDER TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL OR DELIVER IT TO: REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT’S TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED. Keep in mind that this order remains in effect until the court that issued the order modifies or dismisses it. If you are arrested for violating this order, the security amount (bail) is $5,000, unless a different amount is ordered by the court. Violation of this order constitutes contempt of court and is punishable by a fine of up to $500 or one percent of your annual gross income, whichever is greater, a jail term of up to six months, or both. Other sanctions may be imposed. ______________________________________________________________________________ REQUEST FOR HEARING I am the Respondent in the above-referenced action and I request a hearing to contest all or part of the order as follows (mark one or more): __ The order restraining me from contacting, or attempting to contact, the petitioner. __ Other _______________ I (will) (will not) be represented by an attorney at the hearing. Notice of the time and place of the hearing can be mailed to me at the address below my signature. Date: _______________ ______________________ SIGNATURE OF RESPONDENT ______________________ ______________________ ADDRESS ______________________ TELEPHONE NUMBER ______________________________________________________________________________ (7) If the court orders relief: (a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court. (b) The county sheriff shall serve the respondent personally unless the petitioner or guardian petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 124.030. (c) A respondent accused of committing abuse by means of a sweepstakes promotion may be served: (A) Personally; (B) By mailing certified true copies of the petition and order by certified mail to the address to which the elderly person or person with a disability would have sent the payment for goods or services promoted in the sweepstakes promotion had the elderly person or person with a disability been ordering the goods or services; or (C) In the manner directed by the court. (d) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 124.005 to 124.040. (8) If the county sheriff: (a) Determines that the order and petition are incomplete, the order and petition shall be returned to the clerk of the court. The clerk of the court shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, of the error or omission. (b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner or guardian petitioner, at the address provided by the petitioner or guardian petitioner, that the documents have not been served. If the petitioner or guardian petitioner does not respond within 10 days, the county sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed. (9)(a) Within 30 days after a restraining order is served on the respondent under this section or within 30 days after notice is served on the elderly person or person with a disability under ORS 124.024, the respondent, elderly person or person with a disability may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court and shall be in substantially the form provided in subsection (6) of this section. (b) If the respondent, elderly person or person with a disability requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner or guardian petitioner of the date and time of such hearing, and shall supply the petitioner or guardian petitioner with a copy of the request for a hearing. The petitioner or guardian petitioner shall give to the clerk of the court information sufficient to allow such notification. (c) The hearing is not limited to the issues raised in the request for hearing form and may include testimony from witnesses to the abuse and adult protective services workers. The hearing may be held in person or by telephone. If the respondent, elderly person or person with a disability seeks to raise an issue at the hearing not previously raised in the request for hearing form, the petitioner or guardian petitioner is entitled to a reasonable continuance for the purpose of preparing a response to the issue. (d) The court shall exercise its discretion in a manner that protects the elderly person or person with a disability from traumatic confrontation with the respondent. | |
7 | Or. Rev. Stat. Ann. § 124.022. Service of restraining order by sheriff; transmission by electronic communication device. | (1) A sheriff may serve a restraining order issued under ORS 124.020 in the county in which the sheriff was elected and in any county that is adjacent to the county in which the sheriff was elected. (2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a restraining order under ORS 124.020 that was transmitted to the sheriff by a court or law enforcement agency using an electronic communication device. Before transmitting a restraining order to a sheriff under this subsection by telephonic facsimile or electronic mail, the person sending the copy must receive confirmation from the sheriff’s office that an electronic communication device is available and operating. For purposes of this subsection, “electronic communication device” means a device by which any kind of electronic communication can be made, including but not limited to communication by telephonic facsimile and electronic mail. | |
8 | Or. Rev. Stat. Ann. § 124.024. Notice to be given by guardian petitioner | (1) A guardian petitioner must give notice of the petition, order and related forms described in ORS 124.020 (6) to the elderly person or person with a disability named in the petition. (2) The guardian petitioner must also serve on the elderly person or person with a disability a notice that contains a statement of the rights of the person as follows: (a) The right to contact and retain counsel; (b) The right to have access to personal records; (c) The right to file objections to the restraining order; (d) The right to request a hearing to contest all or part of the restraining order; and (e) The right to present evidence and cross-examine witnesses at any hearing. (3) Notice provided under subsection (1) of this section must be similar to the notice provided to the respondent under ORS 124.020 (6) and must contain an objection form that the elderly person or person with a disability may complete and mail to the court. (4) Notice under this section must be personally served on the elderly person or person with a disability. The date of personal service must be not later than 72 hours after the court issues a restraining order under ORS 124.020. (5) Proof of service under this section must be filed in the proceeding before the court holds a hearing under ORS 124.015. | |
9 | Or. Rev. Stat. Ann. § 124.025. Removal of personal effects; accompanying peace officer; limitation on liability. | (1) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall remain for up to 20 minutes and may temporarily interrupt the removal of property at any time. Nothing in this subsection shall affect a peace officer’s duty to arrest under ORS 133.055 and 133.310. (2) The party removing essential personal effects from the residence pursuant to an order issued under ORS 124.020 is entitled to be accompanied by a peace officer on one occasion only. (3) A peace officer who accompanies a party removing essential personal effects pursuant to an order issued under ORS 124.020 shall have immunity from any liability, civil or criminal, for any actions of the party committed during the removal of essential personal effects. | |
10 | Or. Rev. Stat. Ann. § 124.030 Proof of service of restraining order to be delivered to sheriff; entry in LEDS; expiration of restraining order; release of respondent pending hearing. | (1) Whenever a restraining order, as authorized by ORS 124.015 or 124.020, that includes a security amount and an expiration date pursuant to ORS 124.015 and 124.020 and this section, is issued and the person to be restrained has actual notice of the order, the clerk of the court or any other person serving the petition and order shall immediately deliver to a county sheriff a true copy of the affidavit of proof of service, on which it is stated that personal service of the petition and order was served on the respondent, and copies of the petition and order. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for service of the order and an affidavit of proof of service is waived. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police. If the petition and order were served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System upon receipt of a true copy of the affidavit of proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state. (2)(a) A restraining order shall remain in effect until the order expires or is terminated by court order. (b) When a restraining order has been entered under ORS 124.020, the restraining order shall not be terminated upon a motion for dismissal by the petitioner or guardian petitioner unless the motion is notarized. (3) In any situation where a restraining order described in subsection (1) of this section is terminated before the expiration date, the clerk of the court shall immediately deliver a 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. (4) Pending a contempt hearing for an alleged violation of a restraining order issued under ORS 124.015 or 124.020, a person arrested and taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290. Whenever a restraining order is issued under ORS 124.015 or 124.020, the issuing court shall set a security amount for the violation of the order. | |
11 | Or. Rev. Stat. Ann. § 124.035. Renewal of restraining order. | For good cause shown, the court may renew an order entered under ORS 124.015 or 124.020, and the court may do so regardless of whether there has been a further act of abuse. | |
12 | Or. Rev. Stat. Ann. § 124.040. Short title. | ORS 124.005 to 124.040 shall be known and may be cited as the “Elderly Persons and Persons With Disabilities Abuse Prevention Act.” | |
13 | Or. Rev. Stat. Ann. § 124.050. Definitions. | As used in ORS 124.050 to 124.095: (1) “Abuse” means one or more of the following: (a) Any physical injury to an elderly person caused by other than accidental means, or which appears to be at variance with the explanation given of the injury. (b) Neglect. (c) Abandonment, including desertion or willful forsaking of an elderly person or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person. (d) Willful infliction of physical pain or injury upon an elderly person. (e) An act that constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425, 163.427, 163.465, 163.467 or 163.525. (f) Verbal abuse. (g) Financial exploitation. (h) Sexual abuse. (i) Involuntary seclusion of an elderly person for the convenience of a caregiver or to discipline the person. (j) A wrongful use of a physical or chemical restraint of an elderly person, excluding an act of restraint prescribed by a physician licensed under ORS chapter 677 and any treatment activities that are consistent with an approved treatment plan or in connection with a court order. (2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665. (3) “Facility” means: (a) A long term care facility as that term is defined in ORS 442.015. (b) A residential facility as that term is defined in ORS 443.400, including but not limited to an assisted living facility. (c) An adult foster home as that term is defined in ORS 443.705. (4) “Financial exploitation” means: (a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability. (b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out. (c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability. (d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person. (5) “Intimidation” means compelling or deterring conduct by threat. (6) “Law enforcement agency” means: (a) Any city or municipal police department. (b) Any county sheriff’s office. (c) The Oregon State Police. (d) Any district attorney. (e) A police department established by a university under ORS 352.121 or 353.125. (7) “Neglect” means failure to provide basic care or services that are necessary to maintain the health or safety of an elderly person. (8) “Person with a disability” means a person described in: (a) ORS 410.040 (7); or (b) ORS 410.715. (9) “Public or private official” means: (a) Physician or physician assistant licensed under ORS chapter 677, naturopathic physician or chiropractor, including any intern or resident. (b) Licensed practical nurse, registered nurse, nurse practitioner, nurse’s aide, home health aide or employee of an in-home health service. (c) Employee of the Department of Human Services or community developmental disabilities program. (d) Employee of the Oregon Health Authority, local health department or community mental health program. (e) Peace officer. (f) Member of the clergy. (g) Regulated social worker. (h) Physical, speech or occupational therapist. (i) Senior center employee. (j) Information and referral or outreach worker. (k) Licensed professional counselor or licensed marriage and family therapist. (L) Member of the Legislative Assembly. (m) Firefighter or emergency medical services provider. (n) Psychologist. (o) Provider of adult foster care or an employee of the provider. (p) Audiologist. (q) Speech-language pathologist. (r) Attorney. (s) Dentist. (t) Optometrist. (u) Chiropractor. (v) Personal support worker, as defined by rule adopted by the Home Care Commission. (w) Home care worker, as defined in ORS 410.600. (x) Referral agent, as defined in ORS 443.370. (10) “Services” includes but is not limited to the provision of food, clothing, medicine, housing, medical services, assistance with bathing or personal hygiene or any other service essential to the well-being of an elderly person. (11)(a) “Sexual abuse” means: (A) Sexual contact with an elderly person who does not consent or is considered incapable of consenting to a sexual act under ORS 163.315; (B) Verbal or physical harassment of a sexual nature, including but not limited to severe or pervasive exposure to sexually explicit material or language; (C) Sexual exploitation; (D) Any sexual contact between an employee of a facility or paid caregiver and an elderly person served by the facility or caregiver; or (E) Any sexual contact that is achieved through force, trickery, threat or coercion. (b) “Sexual abuse” does not mean consensual sexual contact between an elderly person and: (A) An employee of a facility who is also the spouse of the elderly person; or (B) A paid caregiver. (12) “Sexual contact” has the meaning given that term in ORS 163.305. (13) “Verbal abuse” means to threaten significant physical or emotional harm to an elderly person or a person with a disability through the use of: (a) Derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule; or (b) Harassment, coercion, threats, intimidation, humiliation, mental cruelty or inappropriate sexual comments. | |
14 | Or. Rev. Stat. Ann. § 124.055. Policy. | The Legislative Assembly finds that for the purpose of preventing abuse, safeguarding and enhancing the welfare of elderly persons, it is necessary and in the public interest to require mandatory reports and investigations of allegedly abused elderly persons. | |
15 | Or. Rev. Stat. Ann. § 124.060. Duty of officials to report; exception | Any public or private official having reasonable cause to believe that any person 65 years of age or older with whom the official comes in contact has suffered abuse, or that any person with whom the official comes in contact has abused a person 65 years of age or older, shall report or cause a report to be made in the manner required in ORS 124.065. Nothing contained in ORS 40.225 to 40.295 affects the duty to report imposed by this section, except that a psychiatrist, psychologist, member of the clergy or attorney is not required to report such information communicated by a person if the communication is privileged under ORS 40.225 to 40.295. An attorney is not required to make a report under this section by reason of information communicated to the attorney in the course of representing a client if disclosure of the information would be detrimental to the client. | |
16 | Or. Rev. Stat. Ann. § 124.065. Method and content of reporting; notice to law enforcement agency and to department. | (1) When a report is required under ORS 124.060, an oral report shall be made immediately by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is at the time of contact. If known, such reports shall contain the names and addresses of the elderly person and any persons responsible for the care of the elderly person, the nature and the extent of the abuse (including any evidence of previous abuse), the explanation given for the abuse and any other information which the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator. (2) When a report of a possible crime is received by the department under ORS 124.060, the department or the designee of the department shall notify the law enforcement agency having jurisdiction within the county where the report was made. If the department or the designee of the department is unable to gain access to the allegedly abused elderly person, the department or the designee of the department may contact the law enforcement agency for assistance and the agency shall provide assistance. (3) If the department or the designee of the department determines that there is reason to believe a crime has been committed, the department or the designee of the department shall immediately notify the law enforcement agency having jurisdiction within the county where the report was made. The law enforcement agency shall confirm to the department or the designee of the department its receipt of the notification. (4) When a report is received by a law enforcement agency, the agency shall immediately notify the law enforcement agency having jurisdiction if the receiving agency does not. The receiving agency shall also immediately notify the local office of the department in the county where the report was made. | |
17 | Or. Rev. Stat. Ann. § 124.070. Duty to investigate; notice to law enforcement agency and department; written findings; review by district attorney | (1) Upon receipt of the report required under ORS 124.060, the Department of Human Services or the law enforcement agency shall cause an investigation to be commenced promptly to determine the nature and cause of the abuse. The investigation shall include a visit to the named elderly person and communication with those individuals having knowledge of the facts of the particular case. If the alleged abuse occurs in a residential facility, the department shall conduct an investigation regardless of whether the suspected abuser continues to be employed by the facility. (2) If the department finds reasonable cause to believe that a crime has occurred, the department shall notify in writing the appropriate law enforcement agency. If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the agency shall notify the department in writing. Upon completion of the evaluation of each case, the department shall prepare written findings that include recommended action and a determination of whether protective services are needed. (3) After receiving notification from the department that there is reasonable cause to believe that a crime has occurred, a law enforcement agency shall notify the department: (a) That there will be no criminal investigation, including an explanation of why there will be no criminal investigation; (b) That the investigative findings have been given to the district attorney for review; or (c) That a criminal investigation will take place. (4) If a law enforcement agency gives the findings of the department to the district attorney for review, the district attorney shall notify the department that the district attorney has received the findings and shall inform the department whether the findings have been received for review or for filing charges. A district attorney shall make the determination of whether to file charges within six months of receiving the findings of the department. (5) If a district attorney files charges stemming from the findings of the department and the district attorney makes a determination not to proceed to trial, the district attorney shall notify the department of the determination and shall include information explaining the basis for the determination. | |
18 | Or. Rev. Stat. Ann. §124.072 Required disclosure of protected health information to law enforcement agency; liability for disclosure. | (1) Upon notice by a law enforcement agency that an investigation into abuse is being conducted under ORS 124.070, and without the consent of the named elderly person or of the named elderly person’s caretaker, fiduciary or other legal representative, a health care provider must: (a) Permit the law enforcement agency to inspect and copy, or otherwise obtain, protected health information of the named elderly person; and (b) Upon request of the law enforcement agency, consult with the agency about the protected health information. (2) A health care provider who in good faith discloses protected health information under this section is not civilly or criminally liable under state law for the disclosure. (3) For purposes of this section: (a) “Health care provider” has the meaning given that term in ORS 192.556. (b) “Protected health information” has the meaning given that term in ORS 192.556. | |
19 | Or. Rev. Stat. Ann. §124.073 Training for abuse investigators. | (1) The Department of Human Services shall: (a) Using new or existing materials, develop and implement a training and continuing education curriculum for persons other than law enforcement officers required by law to investigate allegations of abuse under ORS 124.070 or 441.650. The curriculum shall address the areas of training and education necessary to facilitate the skills required to investigate reports of abuse, including, but not limited to, risk assessment, investigatory technique, evidence gathering and report writing. (b) Using new or existing materials, develop and implement training for persons that provide care to vulnerable persons to facilitate awareness of the dynamics of abuse, abuse prevention strategies and early detection of abuse. (2) For purposes of this section, “vulnerable person” means a person 65 years of age or older. | |
20 | Or. Rev. Stat. Ann. §124.075. Immunity of person making report in good faith; identity confidential. | (1) Anyone participating in good faith in the making of a report of elder abuse and who has reasonable grounds for making the report shall have immunity from any civil liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report. (2) The identity of the person making the report shall be treated as confidential information and shall be disclosed only with the consent of that person or by judicial process, or as required to perform the functions under ORS 124.070. | |
21 | Or. Rev. Stat. Ann. §124.077. Immunity for disclosure to prospective employer. | A person who has personal knowledge that an employee or former employee of the person was found by the Department of Human Services, a law enforcement agency or a court to have committed abuse under ORS 124.005 to 124.040, 124.050 to 124.095 or 124.100 to 124.140, is immune from civil liability for the disclosure to a prospective employer of the employee or former employee of known facts concerning the abuse. | |
22 | Or. Rev. Stat. Ann. §124.080. Photographing of victim; photograph as record. | (1) In carrying out its duties under ORS 124.070 a law enforcement agency or the Department of Human Services may photograph or cause to have photographed any victim who is the subject of the investigation for purposes of preserving evidence of the condition of the victim at the time of the investigation. (2) For purposes of ORS 124.090, photographs taken under authority of subsection (1) of this section shall be considered records. | |
23 | Or. Rev. Stat. Ann. § 124.085. Catalog of abuse records; confidentiality | A proper record of complaints made under ORS 124.060 and 124.065 shall be maintained by the Department of Human Services. The department shall prepare reports in writing when investigation has shown that the condition of the elderly person was the result of abuse even if the cause remains unknown. The complaints and investigative reports shall be cataloged under the name of the victim but shall be treated as confidential information subject to ORS 124.090, and shall be disclosed only with the consent of that person or by judicial process. | |
24 | Or. Rev. Stat. Ann. §124.090 Confidentiality of records; exceptions. | (1) Notwithstanding the provisions of ORS 192.410 to 192.505, the names of the public or private official or any other person who made the complaint, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection. (2) Notwithstanding subsection (1) of this section, the Department of Human Services or the department’s designee may, if appropriate, make the names of the witnesses and the elderly persons, and the reports and records compiled under ORS 124.050 to 124.095, available to: (a) A law enforcement agency; (b) A public agency that licenses or certifies residential facilities or licenses or certifies the persons practicing in the facilities; (c) A public agency or private nonprofit agency or organization providing protective services for the elderly person; (d) The Long Term Care Ombudsman; (e) A public agency that licenses or certifies a person that has abused or is alleged to have abused an elderly person; (f) A court pursuant to a court order or as provided in ORS 125.012; and (g) An administrative law judge in an administrative proceeding when necessary to provide protective services as defined in ORS 410.040 to an elderly person, when in the best interests of the elderly person or when necessary to investigate, prevent or treat abuse of an elderly person. (3) Information made available under subsection (2) of this section, and the recipient of the information, are otherwise subject to the confidentiality provisions of ORS 124.050 to 124.095. | |
25 | Or. Rev. Stat. Ann. § 124.095. 124.095 Spiritual treatment not abuse. | An elderly person who in good faith is voluntarily under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, not be considered subjected to abuse by reason of neglect under ORS 124.050 to 124.095. | |
26 | Or. Rev. Stat. Ann. § 124.100. Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; service on Attorney General. | (1) As used in ORS 124.100 to 124.140: (a) “Elderly person” means a person 65 years of age or older. (b) “Financially incapable” has the meaning given that term in ORS 125.005. (c) “Incapacitated” has the meaning given that term in ORS 125.005. (d) “Person with a disability” means a person with a physical or mental impairment that: (A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and (B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment. (e) “Vulnerable person” means: (A) An elderly person; (B) A financially incapable person; (C) An incapacitated person; or (D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment. (2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section: (a) An amount equal to three times all economic damages, as defined in ORS 31.710, resulting from the physical or financial abuse, or $500, whichever amount is greater. (b) An amount equal to three times all noneconomic damages, as defined by ORS 31.710, resulting from the physical or financial abuse. (c) Reasonable attorney fees incurred by the plaintiff. (d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section. (3) An action may be brought under this section only by: (a) A vulnerable person; (b) A guardian, conservator or attorney-in-fact for a vulnerable person; (c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or (d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person. (4) An action may be brought under this section only for physical abuse described in ORS 124.105 or for financial abuse described in ORS 124.110. (5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse. (6) A person commencing an action under this section must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced. | |
27 | Or. Rev. Stat. Ann. § 124.105. Physical abuse subject to action. | (1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following: (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185. (b) Menacing, under the provisions of ORS 163.190. (c) Recklessly endangering another person, under the provisions of ORS 163.195. (d) Criminal mistreatment, under the provisions of ORS 163.200 and 163.205. (e) Rape, under the provisions of ORS 163.355, 163.365 and 163.375. (f) Sodomy, under the provisions of ORS 163.385, 163.395 and 163.405. (g) Unlawful sexual penetration, under the provisions of ORS 163.408 and 163.411. (h) Sexual abuse, under the provisions of ORS 163.415, 163.425 and 163.427. (i) Strangulation, under ORS 163.187. (2) An action may be brought under ORS 124.100 for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water. (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions: (a) For the purpose of punishing the vulnerable person. (b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician. (c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. | |
28 | Or. Rev. Stat. Ann. § 124.110. Financial abuse subject to action. | (1) An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person. (b) When a vulnerable person requests that another person transfer to the vulnerable person any money or property that the other person holds or controls and that belongs to or is held in express trust, constructive trust or resulting trust for the vulnerable person, and the other person, without good cause, either continues to hold the money or property or fails to take reasonable steps to make the money or property readily available to the vulnerable person when: (A) The ownership or control of the money or property was acquired in whole or in part by the other person or someone acting in concert with the other person from the vulnerable person; and (B) The other person acts in bad faith, or knew or should have known of the right of the vulnerable person to have the money or property transferred as requested or otherwise made available to the vulnerable person. (c) When a person has at any time engaged in conduct constituting a violation of a restraining order regarding sweepstakes that was issued under ORS 124.020. (2) A transfer of money or property that is made for the purpose of qualifying a vulnerable person for Medicaid benefits or for any other state or federal assistance program, or the holding and exercise of control over money or property after such a transfer, does not constitute a wrongful taking or appropriation under subsection (1)(a) of this section or the holding of money or property without good cause for the purposes of subsection (1)(b) of this section. | |
29 | Or. Rev. Stat. Ann. § 124.115. Persons not subject to action. | (1) Except as provided by subsection (2) of this section, an action under ORS 124.100 may not be brought against: (a) Financial institutions, as defined by ORS 706.008; (b) A health care facility, as defined in ORS 442.015; (c) Any facility licensed or registered under ORS chapter 443; or (d) Broker-dealers licensed under ORS 59.005 to 59.541. (2) An action may be brought under ORS 124.100 against a person listed in subsection (1) of this section if: (a) The person is convicted of one of the crimes specified in ORS 124.105 (1); or (b) The person engages in conduct constituting financial abuse as described in ORS 124.110, and the person is convicted of a crime by reason of the conduct. | |
30 | Or. Rev. Stat. Ann. § 124.120. Relief available. | The court may restrain and remedy the conduct described in ORS 124.105 and 124.110 by issuing appropriate orders including but not limited to: (1) A judgment for the remedies provided by ORS 124.100. (2) Restraining orders, temporary injunctions or other actions as the court deems proper, including the acceptance of satisfactory performance bonds, the creation of receiverships, the appointment of qualified receivers and the enforcement of constructive trusts. (3) Ordering any person to divest direct or indirect interest or contact with any person or enterprise. (4) Imposing reasonable restrictions, including permanent injunctions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor or conduct to the extent permitted by the Constitution of the United States and this state. | |
31 | Or. Rev. Stat. Ann. §124.125. Action by Attorney General, Department of Human Services or district attorney; investigative demands | (1) The Attorney General, the Department of Human Services or a district attorney may bring an action against a 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 a 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 is 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 a district attorney may execute in writing and cause to be served an investigative demand upon a 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 of the investigative demand may be made by any of the following methods: (a) By personal service outside this state; (b) By registered or certified mail to the last-known place of business, residence or abode within or outside this state of the person for whom the investigative demand is intended; (c) In the manner provided for service of summons in an action or suit; or (d) In accordance with the direction of a court. (6) If a 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) Disobedience of a final order of a court under subsection (6) of this section shall be punished as a contempt of court. (8) ORS 192.583 to 192.607 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. | |
32 | Or. Rev. Stat. Ann. § 124.130. Statute of limitation. | An action under ORS 124.100 to 124.140 must be commenced within seven years after discovery of the conduct described in ORS 124.105 and 124.110 that gives rise to a cause of action under ORS 124.100 to 124.140 | |
33 | Or. Rev. Stat. Ann. § 124.135. Remedies not exclusive. | The remedies provided by ORS 124.100 to 124.140 are in addition to any other remedy, civil or criminal, that may be available under any other provision of law. | |
34 | Or. Rev. Stat. Ann. § 124.140. Estoppel based on criminal conviction. | A defendant convicted in any criminal proceeding of conduct that gives rise to a cause of action under ORS 124.100, whether the conviction results from a plea or verdict, is estopped from denying the conduct for purposes of an action under ORS 124.100 to 124.140. | |
35 | Or. Rev. Stat. Ann. § 124.990. Criminal penalty. | A person who violates ORS 124.060 commits a Class A violation. | |
36 | Or. Rev. Stat. Ann. § 706.005 Definitions for Bank Act. | As used in the Bank Act, unless the context requires otherwise: (1) “Access area” means any paved walkway or sidewalk within 50 feet of an automated teller machine or night deposit facility. “Access area” does not include publicly maintained sidewalks or roads. (2) “Access device” means: (a) An “access device” as defined in Federal Reserve Board Regulation E (12 C.F.R. Part 205) adopted under the Electronic Fund Transfer Act (15 U.S.C. 1601, et seq.); or (b) A key or other mechanism issued by a financial institution to a customer to give the customer access to the institution’s or bank’s night deposit facility. (3) “Acquisition transaction” means: (a) The sale and purchase of all or substantially all of the assets of a bank that is not in the ordinary course of business of such bank; or (b) The transfer and assumption of all or substantially all of the liabilities of a bank. (4) “Automated teller machine” or “ATM” means any electronic information processing device located in this state that: (a) Accepts or dispenses cash in connection with a credit, deposit or convenience account, provides information and initiates transactions in accordance with the request or instruction of a customer or the customer’s agent; and (b) Is unstaffed except for persons installing the device, providing security or providing periodic servicing, maintenance or repair. The term does not include devices used solely to facilitate check guarantees or check authorizations, or used in connection with the acceptance or dispensing of cash on a person to person basis, such as by a store cashier. (5) “Bank Act” means ORS chapters 706 to 716. (6) “Banking business” or “business of banking” means the business of receiving or accepting money or its equivalent on deposit as a regular business whether the deposit is made subject to check or is evidenced by a certificate of deposit, a pass book or other writing or evidence, but does not include: (a) Depositing money or its equivalent in escrow or with an agent, pending investments in real estate or securities for or on account of a principal; (b) The business of a savings and loan association or a credit union; (c) Deposits accepted in connection with the purchase or lease of property or services; or (d) Accepting deposits through an ATM or night deposit facility. (7) “Banking day” has the meaning given that term in ORS 708A.650. (8) “Branch” means an office or other place, except a principal place of business or an ATM, at which: (a) A bank engages in banking business; or (b) A trust company transacts trust business. (9) “Candlefoot power” means a light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured. (10) “Capital debentures” means capital notes, capital debentures and any other form of unsecured obligations issued by an institution or stock savings bank to evidence borrowings where the rights of the lender are subordinate to the rights of the depositors. (11)(a) “Defined parking area” means that portion of any parking area opened for customer parking that is: (A) Contiguous to the access area of an ATM or night deposit facility; (B) Regularly, principally and lawfully used for parking by users of the ATM or night deposit facility while the users conduct transactions during hours of darkness; and (C) Owned or leased by the operator of the ATM or night deposit facility or owned or controlled by the party leasing the ATM or night deposit facility site to the operator. (b) “Defined parking area” does not include any parking area that is not open or regularly used for parking by users of the ATM or night deposit facility who are conducting transactions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area satisfies the conditions of paragraph (a) of this subsection and would therefore otherwise be a defined parking area, only the single parking level designated by the operator of the ATM and night deposit facility to be the most directly accessible to the users of the ATM and night deposit facility shall be a defined parking area. (12) “Department” means the Department of Consumer and Business Services. (13) “Director” means the Director of the Department of Consumer and Business Services. (14) “Document of title” means document of title as defined in ORS 71.2010. (15) “Federal Reserve Act” means the Act of Congress approved December 23, 1913 (38 Stat. 251), as amended. (16) “Federal Reserve Bank” means the Federal Reserve Banks created and organized under the authority of the Federal Reserve Act. (17) “Federal Reserve Board” means the Federal Reserve Board created and described in the Federal Reserve Act. (18) “Home state” means: (a) With respect to a state bank, the state under the laws of which the state bank is incorporated or otherwise organized; (b) With respect to a federal bank, the state in which the main office of the federal bank is located; (c) With respect to an extranational institution, the state determined to be the home state by election of the extranational institution, or in default of such election, by the Board of Governors of the Federal Reserve System; and (d) With respect to a financial holding company or a bank holding company, the state in which the total deposits of all banking subsidiaries of such company are the largest on the date on which the company becomes a financial holding company or a bank holding company. (19) “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. (20) “Loan production office” means a physical location in this state at which representatives of a financial institution hold themselves out to the public as providing loan origination services, leasing services or services of a similar nature, but at which representatives of the financial institution do not conduct banking business. (21) “Merger” includes consolidation. (22) “Night deposit facility” means a receptacle that is provided by a financial institution for the use of the institution’s customers in delivering cash, checks and other items to the financial institution. (23) “Obligations” includes: (a) The direct liability of the maker or acceptor of paper discounted with or sold to an institution; (b) The liability of the drawer, indorser or assignor; (c) If obligations of a copartnership or association, the obligations of the several members of the copartnership or association; (d) If obligations of a corporation, the obligations of all subsidiaries of the corporation in which the corporation owns or controls 50 percent or more of the capital stock; and (e) The liability of a lessee under a lease. (24) “Officer” of a banking institution means a chief executive officer, president, any vice president, secretary, treasurer or cashier. (25) “Operator” means any financial institution or other business entity, or any person who operates an ATM or night deposit facility. (26) “Paid-in capital” means the aggregate amount received by an institution or stock savings bank from the issuance of its stock or transferred from retained earnings. (27) “Person” means an individual, corporation, limited liability company, partnership, association, joint stock company, business trust or unincorporated organization. (28) “Stockholders’ equity” means the aggregate of paid-in capital and retained earnings of an institution or Oregon stock savings bank. (29) “Trust business” means: (a) Acting as a trustee of a trust; (b) Acting as a fiduciary, as defined in ORS 125.005; (c) Acting as a personal representative, as defined in ORS 111.005; (d) Acting as a receiver, trustee or assignee for the benefit of creditors; or (e) Acting in a court-appointed position of trust or any other position of trust. | |
37 | Or. Rev. Stat. Ann. § 706.008. Additional definitions for Bank Act. | As used in the Bank Act: (1) “Bank” means a company, other than an extranational institution, that accepts deposits insured to any extent by the Bank Insurance Fund under the provisions of the Federal Deposit Insurance Act, as amended, 12 U.S.C. 1811, et seq. (2) “Bank holding company” means a company that is a bank holding company under the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. 1841, et seq. (3) “Bank service corporation” means a corporation that is organized to perform services authorized by ORS 708A.145, all of the capital stock of which is owned by one or more banking institutions or national banks. (4) “Banking institution” means an Oregon commercial bank, an Oregon trust company or an Oregon savings bank. (5) “Company” means an entity that is a company under the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. 1841, et seq. (6) “Extranational institution” means a corporation, unincorporated company, partnership or association of two or more persons organized under the laws of a nation other than the United States, a territory of the United States, Puerto Rico, Guam, American Samoa or the Virgin Islands, that engages directly in a banking business. (7) “Federal bank” means a national bank or another bank organized under the laws of the United States. (8) “Federal savings bank” means a corporation chartered as a federal savings bank under the provisions of 12 U.S.C. 1464. (9) “Financial holding company” means a company that engages in activities described for a financial holding company in section 103 of the federal Gramm-Leach-Bliley Act (P.L. 106-102). (10) “Financial institution” means an insured institution, an extranational institution, a credit union as defined in ORS 723.006, an out-of-state credit union under ORS 723.042 and a federal credit union. (11) “In-state federal stock bank” means a federal bank that issues capital stock, the home state of which is Oregon. (12) “Institution” means an Oregon commercial bank or an Oregon trust company. (13) “Insured institution” means a company, the deposits of which are insured under the provisions of the Federal Deposit Insurance Act, as amended, 12 U.S.C. 1811, et seq. (14) “Insured nonstock institution” means an insured institution that does not issue capital stock. (15) “Insured stock institution” means an insured institution that issues capital stock. (16) “National bank” means a bank that was organized under the provisions of the National Bank Act, as amended, 12 U.S.C. 21, et seq. (17) “Non-Oregon institution” means: (a) An out-of-state state bank engaging in banking business in Oregon; (b) An out-of-state trust company transacting trust business in Oregon; and (c) An extranational institution engaging in banking business in Oregon. (18) “Nonstock bank” means a bank that does not issue capital stock. (19) “Oregon bank” means an Oregon stock bank or Oregon nonstock bank. (20) “Oregon commercial bank” means an Oregon stock bank that was chartered under ORS chapter 707 as a bank other than a stock savings bank. (21) “Oregon nonstock bank” means a state nonstock bank or savings bank, the home state of which is Oregon. (22) “Oregon operating institution” means: (a) A bank that engages in banking business in this state; (b) An extranational institution that engages in banking business in this state; or (c) A trust company that transacts trust business in this state. (23) “Oregon savings bank” or “savings bank” means an Oregon stock savings bank or an Oregon nonstock savings bank. (24) “Oregon stock bank” means a state stock bank, the home state of which is Oregon. (25) “Oregon stock savings bank” means an Oregon stock bank that was initially chartered as or was converted to a stock savings bank under the Bank Act. (26) “Oregon trust company” means a trust company that was organized under the provisions of ORS chapter 707. (27) “Out-of-state bank” means an out-of-state state bank or an out-of-state federal bank. (28) “Out-of-state bank holding company” means a bank holding company, the home state of which is not Oregon, and that is not the bank holding company of an Oregon stock bank or an in-state federal stock bank. (29) “Out-of-state federal bank” means a federal bank, the home state of which is not Oregon. (30) “Out-of-state financial holding company” means a financial holding company, the home state of which is not Oregon, and that is not the financial holding company of an Oregon stock bank or an in-state federal stock bank. (31) “Out-of-state state bank” means a state bank, the home state of which is not Oregon. (32) “Out-of-state trust company” means a trust company that was organized under the laws of another state. (33) “State bank” means a bank that was organized under the laws of a state. (34) “State nonstock bank” means a nonstock bank that was organized under the laws of a state. (35) “State stock bank” means a stock bank that was organized under the laws of a state. (36) “Stock bank” means a bank that issues capital stock. (37)(a) “Trust company” means a company that is authorized under the provisions of ORS chapter 709 to transact trust business, including the trust department of a bank. (b) “Trust company” does not include a corporation that a United States Bankruptcy Court appoints to serve as a bankruptcy trustee under Title 11, United States Code, during a time in which the corporation is acting as a bankruptcy trustee. | |
38 | Or. Rev. Stat. Ann. § 442.015. Definitions. | As used in ORS chapter 441 and this chapter, unless the context requires otherwise: (1) “Acquire” or “acquisition” means obtaining equipment, supplies, components or facilities by any means, including purchase, capital or operating lease, rental or donation, with intention of using such equipment, supplies, components or facilities to provide health services in Oregon. When equipment or other materials are obtained outside of this state, acquisition is considered to occur when the equipment or other materials begin to be used in Oregon for the provision of health services or when such services are offered for use in Oregon. (2) “Affected persons” has the same meaning as given to “party” in ORS 183.310. (3)(a) “Ambulatory surgical center” means a facility or portion of a facility that operates exclusively for the purpose of providing surgical services to patients who do not require hospitalization and for whom the expected duration of services does not exceed 24 hours following admission. (b) “Ambulatory surgical center” does not mean: (A) Individual or group practice offices of private physicians or dentists that do not contain a distinct area used for outpatient surgical treatment on a regular and organized basis, or that only provide surgery routinely provided in a physician's or dentist's office using local anesthesia or conscious sedation; or (B) A portion of a licensed hospital designated for outpatient surgical treatment. (4) “Budget” means the projections by the hospital for a specified future time period of expenditures and revenues with supporting statistical indicators. (5) “Develop” means to undertake those activities that on their completion will result in the offer of a new institutional health service or the incurring of a financial obligation, as defined under applicable state law, in relation to the offering of such a health service. (6) “Expenditure” or “capital expenditure” means the actual expenditure, an obligation to an expenditure, lease or similar arrangement in lieu of an expenditure, and the reasonable value of a donation or grant in lieu of an expenditure but not including any interest thereon. (7) “Freestanding birthing center” means a facility licensed for the primary purpose of performing low risk deliveries. (8) “Governmental unit” means the state, or any county, municipality or other political subdivision, or any related department, division, board or other agency. (9) “Gross revenue” means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges and other operating revenue. “Gross revenue” does not include contributions, donations, legacies or bequests made to a hospital without restriction by the donors. (10)(a) “Health care facility” means: (A) A hospital; (B) A long term care facility; (C) An ambulatory surgical center; (D) A freestanding birthing center; or (E) An outpatient renal dialysis center. (b) “Health care facility” does not mean: (A) A residential facility licensed by the Department of Human Services or the Oregon Health Authority under ORS 443.415; (B) An establishment furnishing primarily domiciliary care as described in ORS 443.205; (C) A residential facility licensed or approved under the rules of the Department of Corrections; (D) Facilities established by ORS 430.335 for treatment of substance abuse disorders; or (E) Community mental health programs or community developmental disabilities programs established under ORS 430.620. (11) “Health maintenance organization” or “HMO” means a public organization or a private organization organized under the laws of any state that: (a) Is a qualified HMO under section 1310 (d) of the U.S. Public Health Services Act; or (b)(A) Provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: (i) Usual physician services; (ii) Hospitalization; (iii) Laboratory; (iv) X-ray; (v) Emergency and preventive services; and (vi) Out-of-area coverage; (B) Is compensated, except for copayments, for the provision of the basic health care services listed in subparagraph (A) of this paragraph to enrolled participants on a predetermined periodic rate basis; and (C) Provides physicians' services primarily directly through physicians who are either employees or partners of such organization, or through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis. (12) “Health services” means clinically related diagnostic, treatment or rehabilitative services, and includes alcohol, drug or controlled substance abuse and mental health services that may be provided either directly or indirectly on an inpatient or ambulatory patient basis. (13) “Hospital” means: (a) A facility with an organized medical staff and a permanent building that is capable of providing 24-hour inpatient care to two or more individuals who have an illness or injury and that provides at least the following health services: (A) Medical; (B) Nursing; (C) Laboratory; (D) Pharmacy; and (E) Dietary; or (b) A special inpatient care facility as that term is defined by the Oregon Health Authority by rule. (14) “Institutional health services” means health services provided in or through health care facilities and includes the entities in or through which such services are provided. (15) “Intermediate care facility” means a facility that provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment that a hospital or skilled nursing facility is designed to provide, but who because of their mental or physical condition require care and services above the level of room and board that can be made available to them only through institutional facilities. (16) “Long term care facility” means a facility with permanent facilities that include inpatient beds, providing medical services, including nursing services but excluding surgical procedures except as may be permitted by the rules of the Director of Human Services, to provide treatment for two or more unrelated patients. “Long term care facility” includes skilled nursing facilities and intermediate care facilities but may not be construed to include facilities licensed and operated pursuant to ORS 443.400 to 443.455. (17) “New hospital” means a facility that did not offer hospital services on a regular basis within its service area within the prior 12-month period and is initiating or proposing to initiate such services. “New hospital” also includes any replacement of an existing hospital that involves a substantial increase or change in the services offered. (18) “New skilled nursing or intermediate care service or facility” means a service or facility that did not offer long term care services on a regular basis by or through the facility within the prior 12-month period and is initiating or proposing to initiate such services. “New skilled nursing or intermediate care service or facility” also includes the rebuilding of a long term care facility, the relocation of buildings that are a part of a long term care facility, the relocation of long term care beds from one facility to another or an increase in the number of beds of more than 10 or 10 percent of the bed capacity, whichever is the lesser, within a two-year period. (19) “Offer” means that the health care facility holds itself out as capable of providing, or as having the means for the provision of, specified health services. (20) “Outpatient renal dialysis facility” means a facility that provides renal dialysis services directly to outpatients. (21) “Person” means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state, or a political subdivision or instrumentality, including a municipal corporation, of a state. (22) “Skilled nursing facility” means a facility or a distinct part of a facility, that is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care, or an institution that provides rehabilitation services for the rehabilitation of individuals who are injured or sick or who have disabilities. | |
39 | Or. Rev. Stat. Ann. § 163.160. Assault in the fourth degree. | (1) A person commits the crime of assault in the fourth degree if the person: (a) Intentionally, knowingly or recklessly causes physical injury to another; (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or (c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle. (2) Assault in the fourth degree is a Class A misdemeanor. (3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and: (a) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; (b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; (c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or (d) The person commits the assault knowing that the victim is pregnant. (4) For purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. | |
40 | Or. Rev. Stat. Ann. § 163.165. Assault in the third degree. | (1) A person commits the crime of assault in the third degree if the person: (a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; (c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life; (d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116; (e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another; (f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty; (g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties; (h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; (i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or (j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties. (2)(a) Assault in the third degree is a Class C felony. (b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if: (A) The assault resulted from the operation of a motor vehicle; and (B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants. (3) As used in this section: (a) “Flagger” has the meaning given that term in ORS 811.230. (b) “Highway worker” has the meaning given that term in ORS 811.230. (c) “Staff member” means: (A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates, youth or youth offenders; and (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates, youth or youth offenders. (d) “Youth correction facility” has the meaning given that term in ORS 162.135. | |
41 | Or. Rev. Stat. Ann. § 163.175. Assault in the second degree. | (1) A person commits the crime of assault in the second degree if the person: (a) Intentionally or knowingly causes serious physical injury to another; (b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or (c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life. (2) Assault in the second degree is a Class B felony. | |
42 | Or. Rev. Stat. Ann. § 163.185. Assault in the first degree. | (1) A person commits the crime of assault in the first degree if the person: (a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Intentionally or knowingly causes serious physical injury to a child under six years of age; (c) Violates ORS 163.175 knowing that the victim is pregnant; or (d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and: (A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010, or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or (B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and (ii) The victim's death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle. (2) The previous convictions to which subsection (1)(d)(B) of this section apply are: (a) Manslaughter in the first degree under ORS 163.118; (b) Manslaughter in the second degree under ORS 163.125; (c) Criminally negligent homicide under ORS 163.145; (d) Assault in the first degree under this section; (e) Assault in the second degree under ORS 163.175; or (f) Assault in the third degree under ORS 163.165. (3) Assault in the first degree is a Class A felony. (4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. | |
43 | Or. Rev. Stat. Ann. § 163.187. Strangulation. | (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mouth of the other person. (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief. (3) Strangulation is a Class A misdemeanor. (4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if: (a) The crime is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or a minor child residing within the household of the person or the victim; (b) The victim is under 10 years of age; (c) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another; (d) The person has been previously convicted of violating this section or of committing an equivalent crime in another jurisdiction; (e) The person has been previously convicted of violating ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; or (f) The person has at least three previous convictions of any combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or of equivalent crimes in other jurisdictions. (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child. | |
44 | Or. Rev. Stat. Ann. § 163.190. Menacing. | (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (2) Menacing is a Class A misdemeanor. | |
45 | Or. Rev. Stat. Ann. § 163.195. Recklessly endangering another person. | (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. (2) Recklessly endangering another person is a Class A misdemeanor. | |
46 | Or. Rev. Stat. Ann. § 163.200. Criminal mistreatment in the second degree. | (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and: (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person. (2) Criminal mistreatment in the second degree is a Class A misdemeanor. (3) As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. | |
47 | Or. Rev. Stat. Ann. § 163.205. Criminal mistreatment in the first degree. | (1) A person commits the crime of criminal mistreatment in the first degree if: (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly: (A) Causes physical injury or injuries to the dependent person or elderly person; (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person; (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person; (D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility; (E) Takes charge of a dependent or elderly person for the purpose of fraud; (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises: (i) Where a cannabinoid extract as defined in ORS 475B.015 is being processed; and (ii) That have not been licensed under ORS 475B.090; or (G) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances: (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885. (2) As used in this section: (a) “Controlled substance” has the meaning given that term in ORS 475.005. (b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs. (c) “Elderly person” means a person 65 years of age or older. (d) “Legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. (e) “Precursor substance” has the meaning given that term in ORS 475.940. (3) Criminal mistreatment in the first degree is a Class C felony. | |
48 | Or. Rev. Stat. Ann. § 163.355. Rape in the third degree. | (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age. (2) Rape in the third degree is a Class C felony. | |
49 | Or. Rev. Stat. Ann. § 163.365. Rape in the second degree. | (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age. (2) Rape in the second degree is a Class B felony. | |
50 | Or. Rev. Stat. Ann. § 163.375. Rape in the first degree. | (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: (a) The victim is subjected to forcible compulsion by the person; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the person's sibling, of the whole or half blood, the person's child or the person's spouse's child; or (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness. (2) Rape in the first degree is a Class A felony. | |
51 | Or. Rev. Stat. Ann. § 163.385. Sodomy in the third degree. | (1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse. (2) Sodomy in the third degree is a Class C felony. | |
52 | Or. Rev. Stat. Ann. § 163.395. Sodomy in the second degree. | (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age. (2) Sodomy in the second degree is a Class B felony. | |
53 | Or. Rev. Stat. Ann. § 163.405. Sodomy in the first degree. | (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if: (a) The victim is subjected to forcible compulsion by the actor; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness. (2) Sodomy in the first degree is a Class A felony. | |
54 | Or. Rev. Stat. Ann. § 163.408. Unlawful sexual penetration in the second degree. | (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and the victim is under 14 years of age. (2) Unlawful sexual penetration in the second degree is a Class B felony. | |
55 | Or. Rev. Stat. Ann. § 163.411. Unlawful sexual penetration in the first degree. | (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and: (a) The victim is subjected to forcible compulsion; (b) The victim is under 12 years of age; or (c) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness. (2) Unlawful sexual penetration in the first degree is a Class A felony. | |
56 | Or. Rev. Stat. Ann. § 163.415. Sexual abuse in the third degree. | (1) A person commits the crime of sexual abuse in the third degree if: (a) The person subjects another person to sexual contact and: (A) The victim does not consent to the sexual contact; or (B) The victim is incapable of consent by reason of being under 18 years of age; or (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim. (2) Sexual abuse in the third degree is a Class A misdemeanor. (3) As used in this section, “dangerous substance” means blood, urine, semen or feces. | |
57 | Or. Rev. Stat. Ann. § 163.425. Sexual abuse in the second degree. | (1) A person commits the crime of sexual abuse in the second degree when: (a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or (b)(A) The person violates ORS 163.415 (1)(a)(B); (B) The person is 21 years of age or older; and (C) At any time before the commission of the offense, the person was the victim’s coach as defined in ORS 163.426. (2) Sexual abuse in the second degree is a Class C felony. | |
58 | Or. Rev. Stat. Ann. § 163.426. Sentencing of sexual abuse in the second degree | (1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport. (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if: (a) The victim is incapable of consent by reason of being under 18 years of age; (b) The offender is 21 years of age or older; and (c) At any time before the commission of the offense, the offender was the victim's coach. | |
59 | Or. Rev. Stat. Ann. § 163.427. Sexual abuse in the first degree. | (1) A person commits the crime of sexual abuse in the first degree when that person: (a) Subjects another person to sexual contact and: (A) The victim is less than 14 years of age; (B) The victim is subjected to forcible compulsion by the actor; or (C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or (b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person. (2) Sexual abuse in the first degree is a Class B felony. |