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

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

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 2925

LC 1271/HB 2925-2

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2925

                    By COMMITTEE ON JUDICIARY

                            April 18

  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete line 3 and insert '135.290; and
declaring an emergency.'.
  Delete lines 5 through 30 and delete pages 2 through 5 and
insert:
  '  { +  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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