Bill Text: OR HB2966 | 2013 | Regular Session | Introduced

Oregon House Bill 2966 (Prior Session Legislation)

Bill Title: Relating to restraining orders based on false allegations of abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2966 Detail]

Download: Oregon-2013-HB2966-Introduced.html



     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 3613

                         House Bill 2966

Sponsored by Representative HOLVEY

                             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.

  Allows respondent against whom restraining order has been
issued to request withdrawal of order based on false allegations
of abuse. Requires county sheriff to remove original restraining
order from and make appropriate record or annotation
modifications to background check databases and systems.
  Applies to restraining orders issued before, on or after
effective date of Act.

                        A BILL FOR AN ACT
Relating to restraining orders based on false allegations of
  abuse.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 107.700 to 107.735. + }
  SECTION 2.  { + (1) At any time after a restraining order has
been issued under ORS 107.095 (1)(c) or (d), 107.716 or 107.718,
and after the restraining order has been entered into the Law
Enforcement Data System maintained by the Department of State
Police and into the databases of the National Crime Information
Center of the United States Department of Justice as required
under ORS 107.720, and into any other manual or computerized
database maintained by the Department of State Police for
purposes of tracking restraining orders issued under ORS 107.095
(1)(c) or (d), 107.716 or 107.718, the respondent may request
that the court withdraw the order on the grounds that the
petition and order were based upon false allegations of abuse.
The request may be made at a hearing requested under ORS 107.718
(10) or by a separate motion filed with the court by the
respondent.
  (2)(a) If the request is made by a separate motion to the
court, the clerk of the court shall provide without charge the
number of certified true copies of the motion for withdrawal of
the order and of the notice of hearing necessary to effect
service and, at the election of the respondent, shall have true
copies of the motion and of the notice delivered to the county
sheriff for service upon the petitioner.
  (b) The county sheriff shall personally serve the petitioner
with the motion unless the respondent elects to have the
petitioner personally served by a private party or unless
otherwise ordered by the court.

  (3) Upon entry of an order under this section withdrawing a
previously issued restraining order, the clerk of the court shall
immediately deliver a copy of the order of withdrawal to the
county sheriff with whom the original restraining order was
filed.
  (4) Upon receipt of the order of withdrawal, the county sheriff
shall:
  (a) Serve a copy of the order of withdrawal by mailing a copy
of the order of withdrawal to the petitioner by first class mail
unless the order of withdrawal recites that the petitioner appear
in person before the court and the necessity for service of the
order of withdrawal and an affidavit of proof of service is
waived;
  (b) Immediately remove the original restraining order from the
Law Enforcement Data System, from the databases of the National
Crime Information Center and from any other manual or
computerized database maintained by the Department of State
Police for purposes of tracking restraining orders issued under
ORS 107.095 (1)(c) or (d), 107.716 or 107.718; and
  (c) To the extent any record or annotation remains in the Law
Enforcement Data System, the databases of the National Crime
Information Center or any other manual or computerized database
maintained by the Department of State Police for purposes of
tracking restraining orders issued under ORS 107.095 (1)(c) or
(d), 107.716 or 107.718, modify or otherwise cause the record or
annotation to reflect that the restraining order was based upon
false allegations of abuse and that the restraining order has
been withdrawn by the court.
  (5) The court may assess against either party reasonable
attorney fees and costs that may be incurred in the
proceeding. + }
  SECTION 3.  { + Section 2 of this 2013 Act applies to
restraining orders issued under ORS 107.095 (1)(c) or (d),
107.716 or 107.718 before, on or after the effective date of this
2013 Act. + }
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