Bill Text: OR HB2541 | 2013 | Regular Session | Introduced

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Bill Title: Relating to telephonic harassment; declaring an emergency.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2541 Detail]

Download: Oregon-2013-HB2541-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 958

                         House Bill 2541

Sponsored by Representative GARRETT; Representatives BARNHART,
  DOHERTY, GELSER, MATTHEWS, OLSON (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies crime of telephonic harassment to include electronic
communications.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to telephonic harassment; creating new provisions;
  amending ORS 30.405 and 166.090; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 166.090 is amended to read:
  166.090. (1) A   { - telephone caller - }   { + person + }
commits the crime of telephonic { +  or electronic + } harassment
if the   { - caller - }  { +  person + } intentionally harasses
or annoys another person:
  (a) By causing the telephone of the other person to ring  { - ,
such caller - }   { + without + } having   { - no - }   { + a + }
communicative purpose  { - ; - }  { + . + }
  (b) By causing   { - such - }   { + the + } other person's
telephone to ring, knowing that the   { - caller - }
 { + person + } has been forbidden from so doing by a person
exercising lawful authority over the receiving telephone  { - ;
or - }  { + . + }
  (c) By sending to, or leaving at, the other person's telephone
a text message, voice mail or any other message, knowing that the
 { - caller - }   { + person + } has been forbidden from so doing
by a person exercising lawful authority over the receiving
telephone.
   { +  (d) By sending to, leaving at or posting on an electronic
account or webpage an electronic mail, instant message, post or
other form of communication, knowing that the person has been
forbidden from so doing by a person exercising lawful authority
over the receiving electronic account or webpage. + }
  (2) Telephonic { +  or electronic + } harassment is a Class B
misdemeanor.
  (3) It is an affirmative defense to a charge of violating
subsection (1) of this section that the   { - caller - }
 { + person + } is a debt collector, as defined in ORS 646.639,
who engaged in the conduct proscribed by subsection (1) of this
section while attempting to collect a debt. The affirmative
defense created by this subsection does not apply if the debt
collector committed the unlawful collection practice described in
ORS 646.639 (2)(a) while engaged in the conduct proscribed by
subsection (1) of this section.
   { +  (4) As used in this section:
  (a) 'Electronic account' means an electronic mail account,
instant messaging account or any other manner of receiving or
storing electronic communications that is protected by a password
or that otherwise ensures that the contents of the communications
are not publicly accessible.
  (b) 'Webpage' means a webpage created by the person exercising
lawful authority over the webpage or by a social networking
website to which the person exercising lawful authority over the
webpage has subscribed and over which the person exercising
lawful authority over the webpage has managerial control. + }
  SECTION 2. ORS 30.405 is amended to read:
  30.405. (1) A public servant or the public servant's employer
may petition a circuit court for an order enjoining a person who
engages in conduct that:
  (a) Is directed at the public servant;
  (b) Relates to the public servant's employment or the public
servant's status as an elected or appointed public servant; and
  (c) Constitutes any of the following crimes:
  (A) Obstructing governmental or judicial administration under
ORS 162.235.
  (B) Assault under ORS 163.160, 163.165, 163.175 or 163.185.
  (C) Menacing under ORS 163.190.
  (D) Criminal trespass in the first degree under ORS 164.255.
  (E) Disorderly conduct under ORS 166.025.
  (F) Harassment under ORS 166.065.
  (G) Telephonic  { + or electronic + } harassment under ORS
166.090.
  (2) The petitioner has the burden of proof by a preponderance
of the evidence under subsection (1) of this section. An order
issued under this section is valid for one year after entry in
the register of the court or until vacated by the court,
whichever occurs first.
  (3) Contempt proceedings against a person who violates an order
issued by a circuit court under subsection (1) of this section
shall be as provided in ORS 33.055 or 33.065.
  (4) As used in this section, 'public servant' has the meaning
given that term in ORS 162.005.
  SECTION 3.  { + The amendments to ORS 30.405 and 166.090 by
sections 1 and 2 of this 2013 Act apply to communications sent
to, left at or posted on a person's telephone, electronic account
or webpage on or after the effective date of this 2013 Act. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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