Bill Text: OR HB2925 | 2011 | Regular Session | Engrossed

Oregon House Bill 2925 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to protective orders; and declaring an emergency.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2011-06-02 - Chapter 232, (2011 Laws): Effective date June 2, 2011. [HB2925 Detail]

Download: Oregon-2011-HB2925-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1271

                           A-Engrossed

                         House Bill 2925
                  Ordered by the House April 18
            Including House Amendments dated April 18

Sponsored by Representative HOLVEY; Representative HICKS
  (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.

   { +  Requires release assistance officer or deputy to include
in release decision order prohibiting defendant from contacting
victim while defendant is in custody for sex crime or crime
constituting domestic violence. + }
  Requires court to enter order prohibiting defendant from
contacting victim when defendant is arraigned on sex crime or
crime constituting domestic violence.   { - Authorizes court, at
victim's request, to enter additional order at sentencing for
period of time equal to statutory maximum sentence for crime. - }

  Authorizes victim to petition for termination of
 { - order - }  { +  orders + }.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to protective orders; creating new provisions; amending
  ORS 135.290; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) When a release assistance officer or a
release assistance deputy makes a release decision under ORS
135.235 involving a defendant charged with a sex crime or a crime
constituting domestic violence, the release assistance officer or
deputy shall include in the decision an order that the defendant
be prohibited from contacting the victim while the defendant is
in custody. The release assistance officer or deputy shall
provide the defendant with a written copy of the order.
  (2) When a defendant who is charged with a sex crime or a crime
that constitutes domestic violence is arraigned, the court shall
enter an order continuing an order issued under subsection (1) of
this section or, if no such order has been entered, enter an
order prohibiting the defendant from contacting the victim while
the defendant is in custody.
  (3) Except as provided in subsection (4) of this section, an
order described in subsection (1) or (2) of this section:
  (a) Shall apply at any time during which the defendant is held
in custody on the charge; and

  (b) Shall remain valid until the defendant is sentenced for the
crime, the charge is dismissed or the defendant is acquitted of
the crime.
  (4) Upon petition of the victim, the court may enter an order
terminating an order entered under subsection (1) or (2) of this
section if the court finds, after a hearing on the petition, that
terminating the order is in the best interests of the parties and
the community.
  (5) As used in this section:
  (a) 'Domestic violence' has the meaning given that term in ORS
135.230.
  (b) 'Sex crime' has the meaning given that term in ORS
181.594. + }
  SECTION 2. ORS 135.290 is amended to read:
  135.290. (1) A supervisor of a defendant on conditional release
who knowingly aids the defendant in breach of the conditional
release or who knowingly fails to report the defendant's breach
is punishable by contempt.
  (2) A defendant   { - who knowingly breaches any of the
regulations in the release agreement imposed pursuant to ORS
135.260 is punishable - }   { + may be punished + } by
contempt { +  if the defendant knowingly:
  (a) Breaches any of the regulations in the release agreement
imposed pursuant to ORS 135.260; or
  (b) Violates an order entered under section 1 of this 2011
Act + }.
  SECTION 3.  { + Section 1 of this 2011 Act and the amendments
to ORS 135.290 by section 2 of this 2011 Act apply to persons
charged with a crime committed on or after the effective date of
this 2011 Act. + }
  SECTION 4.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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