Bill Text: OR HB4022 | 2012 | Regular Session | Introduced

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Bill Title: Relating to commitment of persons with mental illness.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4022 Detail]

Download: Oregon-2012-HB4022-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 120

                         House Bill 4022

Sponsored by Representative BARKER (at the request of Multnomah
  County District Attorney Michael D. Schrunk) (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.

  Expands definition of 'mentally ill person' for purposes of
civil commitment proceedings to include persons with substance
dependence associated with opioids and two prior convictions for
unlawful possession of heroin and for whom compelled treatment is
necessary to avoid reoffending. Authorizes commitment of such
persons to supervision of court for period of 12 months or less.
Prohibits such persons from converting from involuntary to
voluntary commitment. Allows such persons to be incarcerated
without filing criminal charges.

                        A BILL FOR AN ACT
Relating to commitment of persons with mental illness; creating
  new provisions; and amending ORS 163.738, 166.291, 166.470,
  426.005, 426.010, 426.020, 426.070, 426.074, 426.075, 426.090,
  426.095, 426.100, 426.110, 426.125, 426.127, 426.130, 426.140,
  426.150, 426.170, 426.217, 426.223, 426.231, 426.233, 426.234,
  426.237, 426.238, 426.273, 426.275, 426.278, 426.292, 426.300,
  426.301, 426.303, 426.310, 426.335, 426.370, 426.380, 427.300,
  428.210 and 480.225.
Be It Enacted by the People of the State of Oregon:

                               { +
CIVIL COMMITMENT OF PERSONS WITH SUBSTANCE + }
                               { +
DEPENDENCE ASSOCIATED WITH OPIOIDS + }

  SECTION 1. ORS 426.005 is amended to read:
  426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
  (a) 'Authority' means the Oregon Health Authority.
  (b) 'Community mental health program director' means the
director of an entity that provides the services described in ORS
430.630 (3) to (5).
  (c) 'Director of the facility' means a superintendent of a
state mental hospital, the chief of psychiatric services in a
community hospital or the person in charge of treatment and
rehabilitation programs at other treatment facilities.
  (d) 'Facility' means a state mental hospital, community
hospital, residential facility, detoxification center, day
treatment facility { + , inpatient opioid treatment program + }
or such other facility as the authority determines suitable, any
of which may provide diagnosis and evaluation, medical care,
detoxification, social services or rehabilitation for committed
mentally ill persons.
  (e) 'Mentally ill person' means a person who, because of a
mental disorder, is one or more of the following:
  (A) Dangerous to self or others.
  (B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
  (C) A person:
  (i) With a chronic mental illness, as defined in ORS 426.495;
  (ii) Who, within the previous three years, has twice been
placed in a hospital or approved inpatient facility by the
authority or the Department of Human Services under ORS 426.060;
  (iii) Who is exhibiting symptoms or behavior substantially
similar to those that preceded and led to one or more of the
hospitalizations or inpatient placements referred to in
sub-subparagraph (ii) of this subparagraph; and
  (iv) Who, unless treated, will continue, to a reasonable
medical probability, to physically or mentally deteriorate so
that the person will become a person described under either
subparagraph (A) or (B) of this paragraph or both.
   { +  (D) A person with substance dependence associated with
opioids:
  (i) Who has two or more prior convictions within the preceding
five years under ORS 475.854, or its statutory counterpart in
another jurisdiction, for the unlawful possession of heroin or
who has been committed to the supervision of the court under ORS
426.130 during the preceding five years;
  (ii) Who, within the 30-day period ending on the date the
community mental health program director receives the notice
under ORS 426.070, was in possession of heroin;
  (iii) Who has no pending criminal charges; and
  (iv) For whom it would be difficult, if not impossible, to
avoid the commission of another offense under ORS 475.854, or its
statutory counterpart in another jurisdiction, if the person is
not compelled to undergo treatment. + }
  (f) 'Nonhospital facility' means any facility, other than a
hospital, that is approved by the authority to provide adequate
security, psychiatric, nursing and other services to persons
under ORS 426.232 or 426.233.
  (g) 'Prehearing period of detention' means a period of time
calculated from the initiation of custody during which a person
may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
  (2) Whenever  { + the Oregon Health Authority, + } a community
mental health program director, director of   { - the - }
 { + a + } facility, superintendent of a state hospital { + , + }
 { - or - }  administrator of a facility { +  or sheriff + } is
referred to, the reference includes any
  { - designee such - }  { +  individual the + } person has
designated to act on the person's behalf in the exercise of
duties.
  SECTION 2. ORS 426.010 is amended to read:
  426.010.  { + (1) + } Except as otherwise ordered by the Oregon
Health Authority pursuant to ORS 179.325, the Oregon State
Hospital campuses in Salem, Marion County, and in Junction City,
Lane County, and the Blue Mountain Recovery Center in Pendleton,
Umatilla County, shall be used as state hospitals for the care
and treatment of mentally ill persons who are assigned to the
care of such institutions by the authority or who have previously
been committed to such institutions.
   { +  (2) Inpatient opioid treatment programs approved by the
Oregon Health Authority shall provide the care and treatment of
mentally ill persons described in ORS 426.005 (1)(e)(D) who are
under the supervision of a court under ORS 426.130. + }
  SECTION 3. ORS 426.070 is amended to read:
  426.070. (1) Any of the following may initiate commitment
  { - procedures - }  { +  proceedings + } under this section by
giving the notice described under subsection (2) of this section:
  (a) Two persons;
  (b) The county health officer;   { - or - }
  (c) Any magistrate  { - . - }  { + ; or
  (d) Any district attorney or deputy district attorney. + }
  (2) For purposes of subsection (1) of this section, the notice
must comply with the following:
  (a) It must be in writing under oath;
  (b) It must be given to the community mental health program
director   { - or a designee of the director in - }   { + of + }
the county where the allegedly mentally ill person resides;
  (c) It must state that  { + there is probable cause to believe
that + } a person within the county other than the person giving
the notice { + :
  (A) + } Is a mentally ill person and is in need of treatment,
care or custody; { +  or
  (B) Is a mentally ill person as described in ORS 426.005
(1)(e)(D); + }
  (d) If the commitment proceeding is initiated by two persons
under subsection (1)(a) of this section, it may include a request
that the court notify the two persons:
  (A) Of the issuance or nonissuance of a warrant under this
section; or
  (B) Of the court's determination under ORS 426.130 (1); and
  (e) If the notice contains a request under paragraph (d) of
this subsection, it must also include the addresses of the two
persons making the request.
  (3) Upon receipt of a notice under subsections (1) and (2) of
this section or when notified by a circuit court that the court
received notice under ORS 426.234, the community mental health
program director  { - , or designee of the director, - }  shall:
  (a) Immediately notify   { - the judge of - }  the court having
jurisdiction for that county under ORS 426.060 of the
notification described in subsections (1) and (2) of this
section.
  (b) Immediately notify the Oregon Health Authority if
commitment is proposed because the person appears to be a
mentally ill person, as defined in ORS 426.005 (1)(e)(C). When
such notice is received, the authority may verify, to the extent
known by the authority, whether or not the person meets the
criteria described in ORS 426.005 (1)(e)(C)(i) and (ii) and so
inform the community mental health program director   { - or
designee of the director - } .
  (c) Initiate an investigation under ORS 426.074 to determine
whether there is probable cause to believe that the person is in
fact a mentally ill person.
  (4) { + (a) + } Upon completion { +  of the investigation + },
 { + the community mental health program director shall promptly
submit + } a recommendation based upon the investigation report
under ORS 426.074   { - shall be promptly submitted - }  to the
court { +  and to any district attorney or deputy district
attorney who initiated the proceedings + }.
   { +  (b) + } If the community mental health program director
determines that probable cause does not exist to believe that a
person released from detention under ORS 426.234 (2)(c) or (3)(b)
is a mentally ill person, the community mental health program
director   { - shall - }   { + may + } not submit a
recommendation to the court.
  (5) When the court receives notice under subsection (3) of this
section:
  (a) If the court, following the investigation, concludes that
there is probable cause to believe that the person investigated
is a mentally ill person,   { - it - }   { + the court + } shall,
through the issuance of a citation as provided in ORS 426.090,
cause the person to be brought before   { - it - }   { + the
court + } at a time and place as   { - it - }   { + the court + }
may direct, for a hearing under ORS 426.095 to determine whether
the person is mentally ill. The person shall be given the
opportunity to appear voluntarily at the hearing unless the
person fails to appear or unless the person is detained pursuant
to paragraph (b) of this subsection.
  (b)(A) The   { - judge - }  { +  court + } may cause the
allegedly mentally ill person to be taken into custody pending
the investigation or hearing by issuing a warrant of detention
under this subsection. A
  { - judge - }  { +  court + } may   { - only - }  issue a
warrant under this subsection  { +  only + } if the court finds
that there is probable cause to believe that failure to take the
person into custody would pose serious harm or danger to the
person or to others { +  or that the person meets the criteria in
ORS 426.005 (1)(e)(D) + }.
  (B) To cause the custody of a person under this paragraph, the
 { - judge - }  { +  court + } must issue a warrant of detention
to the community mental health program director or
 { - designee, - }   { + to + } the sheriff of the county
 { - or designee, directing that person - }   { + that directs
the community mental health director or the sheriff + } to take
the allegedly mentally ill person into custody and  { + to + }
produce the person at the time and place stated in the warrant.
  (C) At the time the person is taken into custody, the person
shall be informed by the community mental health program director
 { - , - }  { +  or + } the sheriff   { - or a designee - }  of
the following:
  (i) The person's rights with regard to representation by or
appointment of counsel as described in ORS 426.100;
  (ii) The warning under ORS 426.123; and
  (iii) The person's right, if the community mental health
program director  { - , - }  { +  or + } sheriff   { - or
designee - }  reasonably suspects that the person is a foreign
national, to communicate with an official from the consulate of
the person's country. A community mental health program director
 { - , - }  { +  or + } sheriff   { - or designee - }  is not
civilly or criminally liable for failure to provide the
information required by this sub-subparagraph. Failure to provide
the information required by this sub-subparagraph does not in
itself constitute grounds for the exclusion of evidence that
would otherwise be admissible in a proceeding.
  (D) The court may make any orders for the care and custody of
the person prior to the hearing as   { - it - }   { + the
court + } considers necessary.
  (c) If the notice includes a request under subsection (2)(d)(A)
of this section, the court shall notify the two persons of the
issuance or nonissuance of a warrant under this subsection.
  SECTION 4. ORS 426.074 is amended to read:
  426.074. The following is applicable to an investigation
initiated by a community mental health program director  { - , or
a designee of the director, - }  as part of commitment
 { - procedures - }  { +  proceedings + } under ORS 426.070 and
426.228 to 426.235:
  (1) If the allegedly mentally ill person is held in custody
before the hearing the investigation shall be completed at least
24 hours before the hearing under ORS 426.095, otherwise the
investigation shall comply with the following time schedule:
  (a) If the allegedly mentally ill person can be located, the
investigator shall contact the person within three judicial days
from the date the community mental health program director
 { - or a designee - }  receives a notice under ORS 426.070
alleging that the person is mentally ill.

  (b) Within 15 days from the date the community mental health
program director   { - or a designee - }  receives a notice under
ORS 426.070 alleging that a person is mentally ill, one of the
following shall occur:
  (A) The investigation shall be completed and submitted to the
court.
  (B) An application for extension shall be made to the court
under paragraph (c) of this subsection.
  (c) The community mental health program director  { - , a
designee - }  or the investigator may file for an extension of
the time under paragraph (b) of this subsection only if one of
the following occurs:
  (A) A treatment option less restrictive than involuntary
  { - in-patient - }   { + inpatient + } commitment is actively
being pursued.
  (B) The allegedly mentally ill person cannot be located.
  (d) A court may grant an extension under paragraph (c) of this
subsection for a time and upon the terms and conditions the court
considers appropriate.
  (2) This subsection establishes a nonexclusive list of
provisions applicable to the content of the investigation, as
follows:
  (a) The investigation conducted should, where appropriate,
include an interview or examination of the allegedly mentally ill
person in the home of the person or other place familiar to the
person.
  (b) Whether or not the allegedly mentally ill person consents,
the investigation should include interviews with any persons that
the investigator has probable cause to believe have pertinent
information regarding the investigation. If the allegedly
mentally ill person objects to the contact with any person, the
objection shall be noted in the investigator's report.
  (c) The investigator shall be allowed access to physicians,
nurses or social workers and to medical records compiled during
the current involuntary prehearing period of detention to
determine probable cause and to develop alternatives to
commitment. If commitment is proposed because the person appears
to be a mentally ill person as defined in ORS 426.005
(1)(e)(C) { +  or (D) + }, the investigator shall be allowed
access to medical records necessary to verify the existence of
criteria described in ORS 426.005 (1)(e)(C) { +  or (D) + }. The
investigator shall include pertinent parts of the medical record
in the investigation report. Records and communications described
in this paragraph and communications related thereto are not
privileged under ORS 40.230, 40.235, 40.240 or 40.250.
  (3) A copy of the investigation report shall be provided as
soon as possible, but in no event later than 24 hours prior to
the hearing, to the allegedly mentally ill person and to that
person's counsel. Copies shall likewise be provided to counsel
assisting the court, to the examiners and to the court for use in
questioning witnesses.
  SECTION 5. ORS 426.095 is amended to read:
  426.095. The following is applicable to a commitment hearing
held by a court under ORS 426.070:
  (1) The hearing may be held in a hospital, the person's home or
in some other place convenient to the court and the allegedly
mentally ill person.
  (2) The court shall hold the hearing at the time established
according to the following:
  (a) Except as provided by paragraph (b) or (c) of this
subsection, a hearing shall be held five judicial days from the
day a court under ORS 426.070 issues a citation provided under
ORS 426.090.
  (b) Except as provided by paragraph (c) of this subsection, if
a person is detained by a warrant of detention under ORS 426.070,

a hearing shall be held within five judicial days of the
commencement of detention.
  (c) If requested under this paragraph, the court, for good
cause, may postpone the hearing for not more than five judicial
days in order to allow preparation for the hearing. The court may
make orders for the care and custody of the person during a
postponement as   { - it - }   { + the court + } deems necessary.
If a person is detained before a hearing under ORS 426.070,
426.180, 426.228, 426.232 or 426.233 and the hearing is postponed
under this paragraph, the court, for good cause, may allow the
person to be detained during the postponement if the postponement
is requested by the person or the legal counsel of the person.
Any of the following may request a postponement under this
paragraph:
  (A) The allegedly mentally ill person.
  (B) The legal counsel or guardian of the allegedly mentally ill
person.
  (C) The person representing the state's interest.
  (3) The allegedly mentally ill person and the person
representing the state's interest shall have the right to
cross-examine all the following:
  (a) Witnesses.
  (b) The person conducting the investigation.
  (c) The examining physicians or other qualified persons
recommended by the Oregon Health Authority who have examined the
person.
  (4) The provisions of ORS 40.230, 40.235, 40.240 and 40.250
  { - shall - }   { + do + } not apply to and the court may
consider as evidence any of the following:
  (a) Medical records for the current involuntary prehearing
period of detention.
  (b) Statements attributed by the maker of the medical records
or the investigation report to witnesses concerning their own
observations in the absence of objection or if such persons are
produced as witnesses at the hearing available for
cross-examination.
  (c) The testimony of any treating physicians, nurses or social
workers for the prehearing period of detention. Any treating
physician, nurse or social worker who is subpoenaed as a witness
for the proceeding shall testify as an expert witness under the
provisions of ORS 40.410, 40.415, 40.420 and 40.425 and is
subject to treatment as an expert witness in the payment of
witness fees and costs.
  (d) The investigation report prepared under ORS 426.074.
Subject to the following, the investigation report shall be
introduced in evidence:
  (A) Introduction of the report under this paragraph does not
require the consent of the allegedly mentally ill person.
  (B) Upon objection by any party to the action, the court shall
exclude any part of the investigation report that may be excluded
under the Oregon Evidence Code on grounds other than those set
forth in ORS 40.230, 40.235, 40.240 or 40.250.
  (C) Neither the investigation report nor any part thereof shall
be introduced into evidence under this paragraph unless the
investigator is present during the proceeding to be
cross-examined or unless the presence of the investigator is
waived by the allegedly mentally ill person or counsel for the
allegedly mentally ill person.
   { +  (5) For a person alleged to be a mentally ill person as
defined in ORS 426.005 (1)(e)(D), the court shall receive and
consider:
  (a) The Oregon Judicial Information Network criminal records of
the person;
  (b) Criminal records from another jurisdiction if the records
contain sufficient indicia of reliability; and

  (c) The results of a presumptive test, as defined in ORS
475.235, that is:
  (A) Conducted by a law enforcement officer trained to use the
test or by a forensic scientist; and
  (B) Positive for heroin. + }
  SECTION 6. ORS 426.100 is amended to read:
  426.100. (1) At the time the allegedly mentally ill person is
brought before the court, the court shall advise the person of
the following:
  (a) The reason for being brought before the court;
  (b) The nature of the proceedings;
  (c) The possible results of the proceedings;
  (d) The right to subpoena witnesses; and
  (e) The person's rights regarding representation by or
appointment of counsel.
  (2) Subsection (3) of this section establishes the rights of
allegedly mentally ill persons in each of the following
circumstances:
  (a) When the person is held by warrant of detention issued
under ORS 426.070.
  (b) In commitment hearings under ORS 426.095.
  (c) When the person is detained as provided under ORS 426.228,
426.232 or 426.233.
  (d) In recommitment hearings under ORS 426.307.
  (3) When provided under subsection (2) of this section, an
allegedly mentally ill person has the following rights relating
to representation by or appointment of counsel:
  (a) The right to obtain suitable legal counsel possessing
skills and experience commensurate with the nature of the
allegations and complexity of the case during the proceedings.
  (b) If the person is determined to be financially eligible for
appointed counsel at state expense, the court will appoint legal
counsel to represent the person. If a person is appointed counsel
at state expense, payment of expenses and compensation relating
to legal counsel shall be made as provided under ORS 426.250.
  (c) If the allegedly mentally ill person does not request legal
counsel, the legal guardian, relative or friend may request the
assistance of suitable legal counsel on behalf of the person.
  (d) If no request for legal counsel is made, the court shall
appoint suitable legal counsel unless counsel is expressly,
knowingly and intelligently refused by the person.
  (e) If the person is being involuntarily detained before a
hearing on the issue of commitment, the right under paragraph (a)
of this subsection to contact an attorney or under paragraph (b)
of this subsection to have an attorney appointed may be exercised
as soon as reasonably possible.
  (f) In all cases suitable legal counsel shall be present at the
hearing and may be present at examination and may examine all
witnesses offering testimony, and otherwise represent the person.
  (4) The responsibility for representing the state's interest in
commitment proceedings, including, but not limited to,
preparation of the state's case and appearances at commitment
hearings is as follows:
  (a) The Attorney General's office shall have the responsibility
relating to proceedings initiated by state hospital staff that
are any of the following:
  (A) Recommitment proceedings under ORS 426.307; or
  (B) Proceedings under ORS 426.228, 426.232 or 426.233.
  (b) The district attorney if  { + the proceedings were
initiated by the district attorney or deputy district attorney
under ORS 426.070 (1)(d), or if + }   { - requested to do so
by - }  the governing body of the county { +  requests the
district attorney to represent the state's interest + }.
  (c) In lieu of the district attorney under paragraph (b) of
this subsection, a counsel designated by the governing body of a
county shall take the responsibility. A county governing body may
designate counsel to take responsibility under this paragraph
either for single proceedings or for all such proceedings the
county will be obligated to pay for under ORS 426.250. If a
county governing body elects to proceed under this paragraph, the
county governing body shall so notify the district attorney. The
expenses of an attorney appointed under this paragraph shall be
paid as provided under ORS 426.250.
  SECTION 7. ORS 426.127 is amended to read:
  426.127. The following provisions are applicable to outpatient
commitment under ORS 426.130 as described:
  (1) The Oregon Health Authority  { + and the court + } may
 { - only - } place a person in an outpatient commitment
 { + only + } if an adequate treatment facility is available.
  (2) Conditions for the outpatient commitment shall be set at
the time of the hearing under ORS 426.095 by the community mental
health program director  { - , or a designee for the director,
for - }   { + of + } the county in which the hearing takes
place { +  or, for an alleged mentally ill person as defined in
ORS 426.005 (1)(e)(D), by the court + }. The conditions shall
include, but not be limited to, the following:
  (a) Provision for outpatient care.
  (b) A designation of a facility, service or other provider to
provide care or treatment.
  (3) A copy of the conditions shall be given to all of the
persons described in ORS 426.278.
  (4) Any outpatient commitment ordered under this section is
subject to the provisions under ORS 426.275.
  (5) The community mental health program director   { - or
designee, for - }   { + of + } the county where a person is on
outpatient commitment,  { + or the court, + } may modify the
conditions for outpatient commitment when a modification is in
the best interest of the person. The community mental health
program director or   { - designee - }  { + the court + } shall
send notification of such changes and the reasons for the changes
to all those who received a copy of the original conditions under
ORS 426.278.
  SECTION 8. ORS 426.130 is amended to read:
  426.130. (1) After hearing all of the evidence, and reviewing
the findings of the examining persons, the court shall determine
whether the person is mentally ill. If, in the opinion of the
court, the person is:
  (a) Not mentally ill, the person shall be discharged forthwith.
  (b)  { + A + } mentally ill  { + person + } based upon clear
and convincing evidence, the court:
  (A)  { + Except for persons described in ORS 426.005
(1)(e)(D), + } shall order the release of the
 { - individual - }   { + person + } and dismiss the case if:
  (i) The mentally ill person is willing and able to participate
in treatment on a voluntary basis; and
  (ii) The court finds that the person will probably do so.
  (B) May order conditional release under this subparagraph
subject to the qualifications and requirements under ORS 426.125.
If the court orders conditional release under this subparagraph,
the court shall establish a period of commitment for the
conditional release.
  (C) May order commitment of the   { - individual - }
 { + person + } to the Oregon Health Authority for
treatment { + , or if the person is a mentally ill person as
defined in ORS 426.005 (1)(e)(D) to the supervision of the
court + } if, in the opinion of the court, subparagraph (A) or
(B) of this paragraph is not in the best interest of the mentally
ill person. If the court orders commitment under this
subparagraph:
  (i) The court shall establish a period of commitment { +  that
may not exceed 12 months for a person committed to the
supervision of the court + }.
  (ii) The authority may place   { - the committed - }  { +  a
person committed to the authority + } in outpatient commitment
under ORS 426.127.
   { +  (iii) Subject to sub-subparagraph (iv) of this
subparagraph, the court may place a person committed to the
court's supervision in an inpatient opioid treatment program or
an outpatient commitment under ORS 426.127.
  (iv) For a mentally ill person as defined in ORS 426.005
(1)(e)(D) who is committed to the supervision of the court, the
court may require the person to participate in inpatient
treatment for a period of no more than 90 days. For good cause,
the court may require additional periods of inpatient treatment
but the total duration of inpatient treatment may not exceed 180
days. + }
  (D) Shall order that the person be prohibited from purchasing
or possessing a firearm if, in the opinion of the court, there is
a reasonable likelihood the person would constitute a danger to
self or others or to the community at large as a result of the
person's mental or psychological state as demonstrated by past
behavior or participation in incidents involving unlawful
violence or threats of unlawful violence, or by reason of a
single incident of extreme, violent, unlawful conduct. When a
court makes an order under this subparagraph, the court shall
cause a copy of the order to be delivered to the sheriff of the
county who will enter the information into the Law Enforcement
Data System.
  (2) A court that orders a conditional release or a commitment
under this section shall establish a period of commitment for the
person subject to the order. Any period of commitment ordered for
commitment or conditional release under this section shall
be { + :
  (a) + } For a period of time not to exceed 180 days  { - . - }
 { +  for a commitment to the Oregon Health Authority; or
  (b) For a period of time not to exceed 12 months for a
commitment to the supervision of the court. + }
  (3) If the commitment proceeding was initiated under ORS
426.070 (1)(a) and if the notice included a request under ORS
426.070 (2)(d)(B), the court shall notify the two persons of the
court's determination under subsection (1) of this section.
  SECTION 9. ORS 426.140 is amended to read:
  426.140. (1)   { - No - }  { +  A + } person, not incarcerated
upon a criminal charge, who has been adjudged a mentally ill
person or   { - one - }  { +  a person + } against whom
commitment proceedings have been instituted
  { - shall - }  { +  may not + } be confined in any prison, jail
or other enclosure where those charged with a crime or a
violation of a municipal ordinance are incarcerated, unless the
person { + :
  (a) + } Represents an immediate and serious danger to staff or
physical facilities of a hospital or other facility approved by
the Oregon Health Authority for the care, custody and treatment
of the person  { - . - }  { + ; or
  (b) Is alleged or adjudged to be a mentally ill person as
defined in ORS 426.005 (1)(e)(D). + }
  (2)   { - No - }  { +  An + } allegedly mentally ill person who
has been taken into custody   { - shall - }  { +  may not + } be
confined, either before or after the commitment hearing, without
an attendant in direct charge of the person { + . + }  { - ;
and, - }  If  { + the allegedly mentally ill person is + } not
confined in a community hospital, the sheriff or community mental
health program director having the person in custody shall select
some suitable person to act as attendant in quarters suitable for
the comfortable, safe and humane confinement of the person and
approved by the authority.
  SECTION 10. ORS 426.150 is amended to read:

  426.150. (1) Upon receipt of   { - the - }  { +  an + } order
of commitment, the Oregon Health Authority   { - or its
designee - }  shall take the mentally ill person into its
custody, and   { - insure - }  { +  ensure + } the safekeeping
and proper care of the person until delivery is made to an
assigned treatment facility or its representative. The
representative of the treating facility to which the person has
been assigned, accompanied by any assistants the authority
 { - or its designee - }  may deem necessary, shall proceed to
the place where the person is to be delivered into custody, and
upon demand shall be given custody of the mentally ill person,
together with the certified record required by ORS 426.170. The
representative shall issue appropriate receipts therefor and
immediately proceed to transport the committed mentally ill
person safely to the facility to which the person has been
assigned by the authority  { + or a court + } and   { - there
make delivery of - }  { +  deliver + } the person and the record
to the director or a designated employee of the facility. In
taking custody of the person, the authority  { - , its
designee, - }  or the representative of the facility has all the
powers provided by ORS 133.225 and 161.255 and may require the
assistance of any peace officer or other person.
  (2) The committing   { - judge - }  { +  court + }, upon
approval of the examining physicians or other qualified persons
as recommended by the authority and upon request of a guardian,
friend or relative of the mentally ill person, may authorize the
guardian, friend or relative to transport the person to the
 { - designated - }   { + assigned + } facility when the
 { - committing judge - }  { +  court + } determines that means
of transportation would not be detrimental to the welfare of the
mentally ill person or to the public.
  SECTION 11. ORS 426.170 is amended to read:
  426.170. If any person is adjudged mentally ill and ordered
committed to the Oregon Health Authority { +  or to the
supervision of the court + }, a copy of the complete record in
the case, certified to by the court clerk or court administrator,
shall be given to the
  { - health officer of the county - }  { +  community mental
health program director + }, or to the sheriff, for delivery to
the director of the facility to which such mentally ill person is
assigned. The record shall include the name, residence, nativity,
sex and age of such mentally ill person and all other information
that may be required by the rules and regulations promulgated by
the authority.
  SECTION 12. ORS 426.217 is amended to read:
  426.217. At any time after commitment by   { - the - }  { +
a + } court { +  of a mentally ill person other than a person
described in ORS 426.005 (1)(e)(D) + }, the person, with the
approval of the Oregon Health Authority   { - or its designee - }
, may change the status of the person to that of a voluntary
patient. Notwithstanding ORS 426.220, any person who alters
status to that of a voluntary patient under this section shall be
released from the treating facility within 72 hours of the
request of the person for release.
  SECTION 13. ORS 426.223 is amended to read:
  426.223. In retaking custody of a mentally ill person who has
been committed to the Oregon Health Authority  { + or to the
supervision of a court + } under ORS 426.130 and who has, without
lawful authority, left the custody of the facility to which the
person has been assigned under ORS 426.060, or in the case of an
allegedly mentally ill person who is in custody under ORS
426.070, 426.095, 426.228 to 426.235 or 426.237 at a hospital or
nonhospital facility and who has, without lawful authority, left
the hospital or nonhospital facility, the  { + director of
the + } facility

  { - director or designee - }  has all the powers provided by
ORS 133.225 and 161.255 and may require the assistance of any
peace officer or other person.
  SECTION 14. ORS 426.237 is amended to read:
  426.237. (1) During a prehearing period of detention as
provided in ORS 426.070, 426.140, 426.232 or 426.233, the
community mental health program director shall do one of the
following:
  (a) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court not proceed further in the matter
if the community mental health program director does not believe
the person is a mentally ill person.
  (b) No later than three judicial days after initiation of a
prehearing period of detention as provided in ORS 426.070,
426.140, 426.232 or 426.233, certify the detained person for a
14-day period of intensive treatment if:
  (A) The community mental health program director and a
psychiatrist, as defined by rule by the Oregon Health Authority,
have probable cause to believe the person is a mentally ill
person;
  (B) The community mental health program director   { - in - }
 { + of + } the county where the person resides verbally approves
the arrangements for payment for the services at the hospital or
nonhospital facility; and
  (C) The community mental health program director locates a
hospital or nonhospital facility that:
  (i) Is approved by the authority and the community mental
health program director   { - in - }   { + of + } the county
where the person resides; and
  (ii) Can, in the opinion of the community mental health program
director and the psychiatrist, provide intensive care or
treatment for mental illness necessary and sufficient to meet the
emergency psychiatric needs of the person.
  (c) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court hold a hearing under ORS 426.070
to 426.130 if the community mental health program director has
probable cause to believe the person is a mentally ill person.
  (2)(a) If the circuit court adopts the recommendation of the
community mental health program director under subsection (1)(a)
of this section, the circuit court shall enter an order releasing
the person and dismissing the case. Unless the person agrees to
voluntary treatment, if the person is being detained in a:
  (A) Nonhospital facility, the community mental health program
director shall make discharge plans and   { - insure - }
 { + ensure + } the discharge of the person.
  (B) Hospital, the treating physician shall make discharge plans
and discharge the person.
  (b) Upon release of the person, the community mental health
program director shall attempt to notify the person's next of kin
if the person consents to the notification.
  (3)(a) If the detained person is certified for treatment under
subsection (1)(b) of this section, the community mental health
program director shall:
  (A) Deliver immediately a certificate to the court having
jurisdiction under ORS 426.060; and
  (B) Orally inform the person of the certification and deliver a
copy of the certificate to the person.
  (b) The certificate required by paragraph (a) of this
subsection shall include:
  (A) A written statement under oath by the community mental
health program director and the psychiatrist that they have
probable cause to believe the person is a mentally ill person in
need of care or treatment for mental illness;
  (B) A treatment plan that describes, in general terms, the
types of treatment and medication to be provided to the person
during the 14-day period of intensive treatment;
  (C) A notice of the person's right to an attorney and that an
attorney will be appointed by the court or as otherwise obtained
under ORS 426.100 (3);
  (D) A notice that the person has a right to request and be
provided a hearing under ORS 426.070 to 426.130 at any time
during the 14-day period; and
  (E) The date and time the copy of the certificate was delivered
to the person.
  (c) Immediately upon receipt of a certificate under paragraph
(a) of this subsection, the court shall notify the person's
attorney or appoint an attorney for the person if the person
cannot afford one. Within 24 hours of the time the certificate is
delivered to the court, the person's attorney shall review the
certificate with the person. If the person and the person's
attorney consent to the certification within one judicial day of
the time the certificate is delivered to the circuit court and,
except as provided in subsection (4) of this section, the court
shall postpone the hearing required by ORS 426.070 to 426.130 for
14 days.
  (d) When a person is certified for treatment under subsection
(1)(b) of this section and accepts the certification:
  (A) Except as otherwise provided in this paragraph, all methods
of treatment, including the prescription and administration of
drugs, shall be the sole responsibility of the treating
physician. However, the person shall not be subject to
electroshock therapy or unduly hazardous treatment and shall
receive usual and customary treatment in accordance with medical
standards in the community.
  (B) Except when the person expressly refuses treatment, the
treating physician shall treat the person within the scope of the
treatment plan provided the person under paragraph (b) of this
subsection. The person's refusal of treatment constitutes
sufficient grounds for the community mental health program
director to request a hearing as provided in subsection (4)(a) of
this section.
  (C) If the person is in a hospital and the community mental
health program director locates a nonhospital facility, approved
by the authority, that, in the opinion of the community mental
health program director and the treating physician, can provide
care or treatment for mental illness necessary and sufficient to
meet the emergency psychiatric needs of the person, the treating
physician shall discharge the person from the hospital and the
community mental health program director shall remove the person
to the nonhospital facility for the remainder of the 14-day
intensive treatment period. If, however, in the opinion of the
treating physician, the person's condition requires the person to
receive medical care or treatment, the physician shall retain the
person in the hospital.
  (D) If the person is in a nonhospital facility, the community
mental health program director shall transfer the person to a
hospital approved by the authority under the following
conditions:
  (i) If, in the opinion of a physician, the person's condition
requires the person to receive medical care or treatment in a
hospital; and
  (ii) The physician agrees to admit the person to a hospital,
approved by the authority, where the physician has admitting
privileges.
  (E) If the person is transferred as provided in subparagraph
(C) or (D) of this paragraph, the community mental health program
director shall notify the circuit court, in the county where the
certificate was filed, of the location of the person. The person
may appeal the transfer as provided by rules of the authority.
  (e) If the person is in a hospital, the treating physician may
discharge the person at any time during the 14-day period. The
treating physician shall confer with the community mental health
program director and the person's next of kin, if the person
consents to the consultation, prior to discharging the person.
Immediately upon discharge of the person, the treating physician
shall notify the court in the county in which the certificate was
filed initially.
  (f) If the person is in a nonhospital facility, the community
mental health program director may discharge the person at any
time during the 14-day period. The community mental health
program director shall consult with the treating physician and
the person's next of kin, if the person consents to the
consultation, prior to discharging the person. Immediately upon
discharge of the person, the community mental health program
director shall notify the court in the county in which the
certificate was filed initially.
  (g) The person may agree to voluntary treatment at any time
during the 14-day period. When a person agrees to voluntary
treatment under this paragraph, the community mental health
program director immediately shall notify the court in the county
in which the certificate was filed initially.
  (h) A person consenting to 14 days of treatment under
subsection (3)(c) of this section shall not be held longer than
14 days from the time of consenting without a hearing as provided
in ORS 426.070 to 426.130.
  (i)  { + Except for a person described in ORS 426.005
(1)(e)(D), + } when the court receives notification under
paragraph (e), (f) or (g) of this subsection, the court shall
dismiss the case. { +  For persons described in ORS 426.005
(1)(e)(D) who have been committed to the supervision of a court,
the discharge from inpatient treatment under this section does
not require dismissal of the court supervision. + }
  (4) The   { - judge of the - }  circuit court shall immediately
commence proceedings under ORS 426.070 to 426.130 when:
  (a) The person consenting to 14 days of treatment or the
community mental health program director requests a hearing. The
hearing shall be held without unreasonable delay. In no case
shall the person be held in a hospital or nonhospital facility
longer than five judicial days after the request for a hearing is
made without a hearing being held under ORS 426.070 to 426.130.
  (b) The community mental health program director acts under
subsection (1)(c) of this section. In no case shall the person be
held longer than five judicial days without a hearing under this
subsection.
  SECTION 15. ORS 426.238 is amended to read:
  426.238. The Oregon Health Authority may assign
classifications, as defined by rule of the authority, to
facilities that provide care and treatment for persons committed
to the authority  { + or to the supervision of a court + } under
ORS 426.130 or provide emergency care or treatment for persons
pursuant to ORS 426.070, 426.228 to 426.235 or 426.237. The
authority may authorize a facility to retake custody of a person
who unlawfully leaves a facility as provided in ORS 426.223.
  SECTION 16. ORS 426.273 is amended to read:
  426.273. (1) During a period of commitment of a
 { - patient - }  { +  person + } under ORS 426.130, the Oregon
Health Authority { + , or a court for a person committed to the
supervision of the court, + } may grant a trial visit to the
 { - patient - }   { + person + } for a period of time and under
any conditions the authority  { + or the court + } shall
establish.  The authority  { + or the court + } shall
 { - only - }  grant a trial visit under this section
 { + only + } if the trial visit is agreed to by the community
mental health program director  { - , or the designee of the
director, for - }   { + of + } the county in which the person
would reside.
  (2) When   { - in the opinion of the authority, - }  { +  the
authority or the court determines that + } the committed person
can be appropriately served by outpatient care during the period
of commitment, the outpatient care may be required as a condition
for trial visit for a period which, when added to the inpatient
treatment period,   { - shall - }   { + may + } not exceed the
period of commitment.  If outpatient care is required as a
condition for a trial visit, the conditions shall include a
designation of a facility, service or other provider to provide
care or treatment.
  (3) A copy of the conditions for trial visit shall be given to
all of the persons listed in ORS 426.278.
  (4) Any trial visit granted under this section is subject to
the provisions under ORS 426.275.
  (5) The   { - director of the - }  community mental health
program  { - , or designee, - }   { + director + } of the county
in which a person who is on trial visit lives while on trial
visit may modify the conditions for continued trial visit when
such modification is in the best interest of the person. The
 { + community mental health program + } director shall send
notification of   { - such - }   { + the + } changes and the
reasons for the changes to all those who received a copy of the
original conditions under ORS 426.278.
  SECTION 17. ORS 426.275 is amended to read:
  426.275. The following are applicable to placements of mentally
ill persons that are made as conditional release under ORS
426.125, outpatient commitments under ORS 426.127 or trial visits
under ORS 426.273 as described:
  (1) If the person responsible under this subsection determines
that the mentally ill person is failing to adhere to the terms
and conditions of the placement, the responsible person shall
notify the court having jurisdiction that the mentally ill person
is not adhering to the terms and conditions of the placement. If
the placement is an outpatient commitment under ORS 426.127 or a
trial visit under ORS 426.273, the notifications shall include a
copy of the conditions for the placement. The person responsible
for notifying the court under this subsection is as follows:
  (a) For conditional releases under ORS 426.125, the guardian,
relative or friend in whose care the mentally ill person is
conditionally released.
  (b) For outpatient commitments under ORS 426.127, the community
mental health program director  { - , or designee of the
director, - }  of the county in which the person on outpatient
commitment lives.
  (c) For trial visits under ORS 426.273, the community mental
health program director  { - , or designee of the director, - }
of the county in which the person on trial visit is to receive
outpatient treatment.
  (2) On its own motion, the court with jurisdiction of a
mentally ill person on such placement may cause the person to be
brought before it for a hearing to determine whether the person
is or is not adhering to the terms and conditions of the
placement.  The person shall have the same rights with respect to
notice, detention stay, hearing and counsel as for a hearing held
under ORS 426.095. The court shall hold the hearing within five
judicial days of the date the mentally ill person receives notice
under this section. The court may allow postponement and
detention during postponement as provided under ORS 426.095.
  (3) Pursuant to the determination of the court upon hearing
under this section, a person on placement shall either continue
the placement on the same or modified conditions or shall be
returned to   { - the Oregon Health Authority - }  { +  an
inpatient facility + } for involuntary care and
treatment { + , + }   { - on an inpatient basis - } subject to
discharge at the end of the commitment period or as otherwise
provided under this chapter.
  (4) If the person on placement is living in a county other than
the county of the court that established the current period of
commitment under ORS 426.130 during which the trial visit,
conditional release or outpatient commitment takes place, the
court establishing the current period of commitment shall
transfer jurisdiction to the appropriate court of the county in
which the person is living while on the placement and the court
receiving the transfer shall accept jurisdiction.
  (5) The court may proceed as provided in  { + this section
or + } ORS 426.307   { - or this section - }  when the court:
  (a) Receives notice under ORS 426.070 or 426.228 to 426.235;
and
  (b) Determines that the person is a mentally ill person on
conditional release under ORS 426.125, outpatient commitment
under ORS 426.127 or trial visit under ORS 426.273.
  SECTION 18. ORS 426.292 is amended to read:
  426.292.   { - Nothing in this chapter and ORS 430.397 to
430.401 prohibits the Oregon Health Authority from releasing - }
 { +  A community mental health program director, or, for a
person committed to the supervision of a court, the court, may
release  + }a person from a hospital or other facility in which
the person is being treated prior to the expiration of the period
of commitment under ORS 426.130 when, in the opinion of the
director of the facility or treating physician, the person is no
longer   { - mentally ill - }  { +  a mentally ill person + }.
  SECTION 19. ORS 426.300 is amended to read:
  426.300. (1) The Oregon Health Authority shall, by filing a
written certificate with the last committing court and the court
of residence, discharge any   { - patient - }  { +  person
committed to the authority + } from court commitment,
 { - except one held upon an order of a court or judge having
criminal jurisdiction in an action or proceeding arising out of
criminal offense when in its opinion - }  { +  if the authority
determines that + } the   { - individual - }   { + person + } is
no longer a mentally ill person or   { - when in its opinion - }
 { +  that + } the transfer of the   { - individual - }
 { + person + } to a voluntary status is in the best interest of
the treatment of the   { - patient - }  { +  person + }.
  (2) The authority may sign applications for public assistance
on behalf of those   { - patients - }   { + persons described in
subsection (1) of this section + } who may be eligible for public
assistance.
   { +  (3) A person held upon an order of a court having
criminal jurisdiction in an action or proceeding, or a person
committed to the supervision of the court, may be discharged upon
the earlier of a finding by the court that the person is no
longer a mentally ill person or 12 months from the date of the
commitment. + }
  SECTION 20. ORS 426.301 is amended to read:
  426.301. (1) At the end of the 180-day period of commitment,
any person whose status has not been changed to voluntary shall
be released unless the Oregon Health Authority certifies to the
court in the county where the treating facility is located that
the person is still mentally ill and in need of further
treatment. The authority, pursuant to its rules, may delegate to
the director of the treating facility the responsibility for
making the certification. The director of the treating facility
shall consult with the community mental health program director
of the  { + person's + } county of residence prior to making the
certification. If the certification is made, the person will not
be released, but the director of the treating facility shall
immediately issue a copy of the certification to the person and
to the community mental health program director of the
 { + person's + } county of residence.
  (2) The certification shall be served upon the person by the
director of the  { + treating + } facility   { - wherein - }
 { + in which + } the person is confined   { - or the designee of

the director - } . The director of the facility shall inform the
court in writing that service has been made and the date thereof.
  (3) The certification shall advise the person of all the
following:
  (a) That the authority or facility has requested that
commitment be continued for an additional period of time.
  (b) That the person may consult with legal counsel and that
legal counsel will be provided for the person without cost if the
person is unable to afford legal counsel.
  (c) That the person may protest this further commitment within
14 days, and if the person does not commitment will be continued
for an indefinite period of time up to 180 days.
  (d) That if the person does protest a further period of
commitment, the person is entitled to a hearing before the court
on whether commitment should be continued.
  (e) That the person may protest either orally or in writing by
signing the form accompanying the certification  { - ; - }
 { + and + } that the person is entitled to have a physician or
other qualified person as recommended by the authority, other
than a member of the staff at the facility where the person is
confined, examine the person and report to the court the results
of the examination.
  (f) That the person may subpoena witnesses and offer evidence
on behalf of the person at the hearing.
  (g) That if the person is without funds to retain legal counsel
or an examining physician or qualified person as recommended by
the authority, the court will appoint legal counsel, a physician
or other qualified person.
  (4) Nothing in subsection (3) of this section requires the
giving of the warning under ORS 426.123.
  (5) The person serving the certification shall read and deliver
the certification to the person and ask whether the person
protests a further period of commitment. The person may protest
further commitment either orally or by signing a simple protest
form to be given to the person with the certification. If the
person does not protest a further period of commitment within 14
days of service of the certification, the authority or facility
shall so notify the court and the court shall, without further
hearing, order the commitment of the person for an additional
indefinite period of time up to 180 days.
   { +  (6) This section does not apply to a person described in
ORS 426.005 (1)(e)(D) who is committed to the supervision of a
court. + }
  SECTION 21. ORS 426.303 is amended to read:
  426.303. When   { - the - }   { + a + } person protests a
further period of commitment  { + under ORS 426.301, + } the
Oregon Health Authority or facility designated in
 { - accordance with - }  ORS 426.301 shall immediately notify
the court and the court shall have the person brought before it
and shall again advise the person that the authority or facility
has requested that commitment be continued for an additional
period of time and that if the person does not protest this
commitment the commitment will be continued for an indefinite
period of time up to 180 days. The person shall also be informed
of the rights set forth in ORS 426.301.
  SECTION 22. ORS 426.380 is amended to read:
  426.380.  { + (1) + } Any   { - individual - }   { + person + }
committed  { + to a state hospital + } pursuant to ORS 426.005 to
426.223 and 426.241 to 426.380
  { - shall be - }   { + is + } entitled to the writ of habeas
corpus upon proper petition by the   { - individual or a
friend - }   { + person or by a guardian, friend or relative of
the person + } to any court generally empowered to issue the writ
of habeas corpus in the county in which the state hospital in
which the person is detained is located.

   { +  (2) A person described in ORS 426.005 (1)(e)(D) who is
committed to the supervision of a court and receiving treatment
in an inpatient opioid treatment program may appeal the
commitment order to the Court of Appeals. The court on review
shall give due deference to the findings of the committing
court. + }

                               { +
TECHNICAL CORRECTIONS + }

  SECTION 23. ORS 163.738 is amended to read:
  163.738. (1)(a) A citation shall notify the respondent of a
circuit court hearing where the respondent shall appear at the
place and time set forth in the citation. The citation shall
contain:
  (A) The name of the court at which the respondent is to appear;
  (B) The name of the respondent;
  (C) A copy of the stalking complaint;
  (D) The date, time and place at which the citation was issued;
  (E) The name of the law enforcement officer who issued the
citation;
  (F) The time, date and place at which the respondent is to
appear in court;
  (G) Notice to the respondent that failure to appear at the
time, date and place set forth in the citation shall result in
the respondent's arrest and entry of a court's stalking
protective order; and
  (H) Notice to the respondent of potential liability under
federal law for the possession or purchase of firearms or firearm
ammunition and for other acts prohibited by 18 U.S.C. 2261 to
2262.
  (b) The officer shall notify the petitioner in writing of the
place and time set for the hearing.
  (2)(a) The hearing shall be held as indicated in the citation.
At the hearing, the petitioner may appear in person or by
telephonic appearance. The respondent shall be given the
opportunity to show cause why a court's stalking protective order
should not be entered. The hearing may be continued for up to 30
days. The court may enter:
  (A) A temporary stalking protective order pending further
proceedings; or
  (B) A court's stalking protective order if the court finds by a
preponderance of the evidence that:
  (i) The person intentionally, knowingly or recklessly engages
in repeated and unwanted contact with the other person or a
member of that person's immediate family or household thereby
alarming or coercing the other person;
  (ii) It is objectively reasonable for a person in the victim's
situation to have been alarmed or coerced by the contact; and
  (iii) The repeated and unwanted contact causes the victim
reasonable apprehension regarding the personal safety of the
victim or a member of the victim's immediate family or household.
  (b) In the order, the court shall specify the conduct from
which the respondent is to refrain, which may include all contact
listed in ORS 163.730 and any attempt to make contact listed in
ORS 163.730. The order is of unlimited duration unless limited by
law. If the respondent was provided notice and an opportunity to
be heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922
(d)(8) and (g)(8) to affect the respondent's ability to possess
firearms and ammunition or engage in activities involving
firearms.
  (3) The circuit court may enter an order under this section
against a minor respondent without appointment of a guardian ad
litem.

  (4) If the respondent fails to appear at the time, date and
place specified in the citation, the circuit court shall issue a
warrant of arrest as provided in ORS 133.110 in order to ensure
the appearance of the respondent at court and shall enter a
court's stalking protective order.
  (5) The circuit court may also order the respondent to undergo
mental health evaluation and, if indicated by the evaluation,
treatment. If the respondent is without sufficient resources to
obtain the evaluation or treatment, or both, the court shall
refer the respondent to the mental health agency designated by
the community mental health  { + program + } director for
evaluation or treatment, or both.
  (6) If the circuit court, the mental health evaluator or any
other persons have probable cause to believe that the respondent
is dangerous to self or others or is unable to provide for basic
personal needs, the court shall initiate commitment
 { - procedures - }  { +  proceedings + } as provided in ORS
426.070 or 426.180.
  (7) A law enforcement officer shall report the results of any
investigation arising from a complaint under ORS 163.744 to the
district attorney within three days after presentation of the
complaint.
  (8) Except for purposes of impeachment, a statement made by the
respondent at a hearing under this section may not be used as
evidence in a prosecution for stalking as defined in ORS 163.732
or for violating a court's stalking protective order as defined
in ORS 163.750.
  SECTION 24. ORS 166.291 is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
  (b) Is at least 21 years of age;
  (c) Is a resident of the county;
  (d) Has no outstanding warrants for arrest;
  (e) Is not free on any form of pretrial release;
  (f) Demonstrates competence with a handgun by any one of the
following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;

  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
  (g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
  (h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be  { + a + } mentally ill
 { + person as defined in ORS 426.005 (1)(e)(A), (B) or (C) + }
and is not subject to an order under ORS 426.130 that the person
be prohibited from purchasing or possessing a firearm as a result
of that mental illness;
  (k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C.
925(c) or has had the person's record expunged under the laws of
this state or equivalent laws of other jurisdictions is not
subject to the disabilities in subsection (1)(g) to (L) of this
section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found  { + to
be a + } mentally ill  { + person as defined in ORS 426.005
(1)(e)(A), (B) or (C) + } and presently subject to an order
prohibiting me from purchasing or possessing a firearm because of
mental illness. If any of the previous conditions do apply to me,
I have been granted relief or wish to petition for relief from
the disability under ORS 166.274 or 166.293 or section 5, chapter
826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the
records expunged. I am not subject to a citation issued under ORS
163.735 or an order issued under ORS 30.866, 107.700 to 107.735
or 163.738. I have never received a dishonorable discharge from
the Armed Forces of the United States. I am not required to
register as a sex offender in any state. I understand I will be
fingerprinted and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.

The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)(a) Fees for concealed handgun licenses are:
  (A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
  (B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
  (C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
  (b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
  (6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.

  (7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
  (8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 25. ORS 166.291, as amended by section 10, chapter 826,
Oregon Laws 2009, and section 34, chapter 547, Oregon Laws 2011,
is amended to read:
  166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
  (a)(A) Is a citizen of the United States; or
  (B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the United States Citizenship and Immigration
Services the intent to acquire citizenship status and can present
proof of the written declaration to the sheriff at the time of
application for the license;
  (b) Is at least 21 years of age;
  (c) Is a resident of the county;
  (d) Has no outstanding warrants for arrest;
  (e) Is not free on any form of pretrial release;
  (f) Demonstrates competence with a handgun by any one of the
following:
  (A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
  (B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
  (C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
  (D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
  (E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
  (F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or

  (G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
  (g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
  (h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
  (i) Has not been committed to the Oregon Health Authority under
ORS 426.130;
  (j) Has not been found to be  { + a + } mentally ill
 { + person as defined in ORS 426.005 (1)(e)(A), (B) or (C) + }
and is not subject to an order under ORS 426.130 that the person
be prohibited from purchasing or possessing a firearm as a result
of that mental illness;
  (k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470;
  (L) Has not been convicted of an offense involving controlled
substances or participated in a court-supervised drug diversion
program, except this disability does not operate to exclude a
person if:
  (A) The person has been convicted only once of violating ORS
475.864 (3) and has not completed a court-supervised drug
diversion program under ORS 135.907; or
  (B) The person has completed a court-supervised drug diversion
program under ORS 135.907 and has not been convicted of violating
ORS 475.864 (3);
  (m) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.735 or 163.738;
  (n) Has not received a dishonorable discharge from the Armed
Forces of the United States; and
  (o) Is not required to register as a sex offender in any state.
  (2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (L) of this section.
  (3) Before the sheriff may issue a license:
  (a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
Social Security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
  (b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section. If a nationwide criminal records check is
necessary, the sheriff shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Federal Bureau of Investigation shall return the fingerprint
cards used to conduct the criminal records check and may not keep
any record of the fingerprints. The Department of State Police
shall report the results of the fingerprint-based criminal
records check to the sheriff. The Department of State Police
shall also furnish the sheriff with any information about the
applicant that the Department of State Police may have in its
possession including, but not limited to, manual or computerized
criminal offender information.
  (4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout this state in substantially the following form:
_________________________________________________________________

                APPLICATION FOR LICENSE TO CARRY
                        CONCEALED HANDGUN
                                                        Date_____
  I hereby declare as follows:
  I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the United States
Citizenship and Immigration Services my intention to become a
citizen and can present proof of the written declaration to the
sheriff at the time of this application. I am at least 21 years
of age. I have been discharged from the jurisdiction of the
juvenile court for more than four years if, while a minor, I was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470. I have never been convicted of a felony
or found guilty, except for insanity under ORS 161.295, of a
felony in the State of Oregon or elsewhere. I have not, within
the last four years, been convicted of a misdemeanor or found
guilty, except for insanity under ORS 161.295, of a misdemeanor.
Except as provided in ORS 166.291 (1)(L), I have not been
convicted of an offense involving controlled substances or
completed a court-supervised drug diversion program. There are no
outstanding warrants for my arrest and I am not free on any form
of pretrial release. I have not been committed to the Oregon
Health Authority under ORS 426.130, nor have I been found  { + to
be a + } mentally ill  { + person as defined in ORS 426.005
(1)(e)(A), (B) or (C) + } and presently subject to an order
prohibiting me from purchasing or possessing a firearm because of
mental illness. If any of the previous conditions do apply to me,
I have been granted relief or wish to petition for relief from
the disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c)
or have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.735 or 163.738. I have never received a
dishonorable discharge from the Armed Forces of the United
States.  I am not required to register as a sex offender in any
state. I understand I will be fingerprinted and photographed.

Legal name ________
Age ____ Date of birth _____
Place of birth ________
Social Security number _______
(Disclosure of your Social Security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
The type of identification and the number on the identification
are to be filled in by the sheriff.):
  1.________
  2.________

Height ___ Weight ___
Hair color ___ Eye color ___

Current address _____
                                (List residence addresses for the
                                   past three years on the back.)

City ___ County ___ Zip ___
Phone ___

I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
                                                       __________
                                         (Signature of Applicant)

Character references.
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
__________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

     Name:        Address
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________

Approved __ Disapproved __ by __

Competence with handgun demonstrated by ___ (to be filled in by
sheriff)
Date ___ Fee Paid ___
License No. ___
_________________________________________________________________

  (5)(a) Fees for concealed handgun licenses are:
  (A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
  (B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
  (C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
  (b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
  (6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
  (7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
  (8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
  (9) For purposes of subsection (1)(c) of this section, a person
is a resident of a county if the person:
  (a) Has a current Oregon driver license issued to the person
showing a residence address in the county;
  (b) Is registered to vote in the county and has a memorandum
card issued to the person under ORS 247.181 showing a residence
address in the county;
  (c) Has documentation showing that the person currently leases
or owns real property in the county; or
  (d) Has documentation showing that the person filed an Oregon
tax return for the most recent tax year showing a residence
address in the county.
  SECTION 26. ORS 166.470 is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c)
or the expunction laws of this state or an equivalent law of
another jurisdiction, a person may not intentionally sell,
deliver or otherwise transfer any firearm when the transferor
knows or reasonably should know that the recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
  (e) Was committed to the Oregon Health Authority under ORS
426.130;
  (f) After January 1, 1990, was found to be  { + a + } mentally
ill  { +  person as defined in ORS 426.005 (1)(e)(A), (B) or
(C) + } and subject to an order under ORS 426.130 that the person
be prohibited from purchasing or possessing a firearm as a result
of that mental illness;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 27. ORS 166.470, as amended by section 11, chapter 826,
Oregon Laws 2009, is amended to read:
  166.470. (1) Unless relief has been granted under ORS 166.274
or 18 U.S.C. 925(c) or the expunction laws of this state or an
equivalent law of another jurisdiction, a person may not
intentionally sell, deliver or otherwise transfer any firearm
when the transferor knows or reasonably should know that the
recipient:
  (a) Is under 18 years of age;
  (b) Has been convicted of a felony;
  (c) Has any outstanding felony warrants for arrest;
  (d) Is free on any form of pretrial release for a felony;
  (e) Was committed to the Oregon Health Authority under ORS
426.130;
  (f) After January 1, 1990, was found to be  { + a + } mentally
ill  { +  person as defined in ORS 426.005 (1)(e)(A), (B) or
(C) + } and subject to an order under ORS 426.130 that the person

be prohibited from purchasing or possessing a firearm as a result
of that mental illness;
  (g) Has been convicted of a misdemeanor involving violence or
found guilty except for insanity under ORS 161.295 of a
misdemeanor involving violence within the previous four years. As
used in this paragraph, 'misdemeanor involving violence' means a
misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195
or 166.155 (1)(b); or
  (h) Has been found guilty except for insanity under ORS 161.295
of a felony.
  (2) A person may not sell, deliver or otherwise transfer any
firearm that the person knows or reasonably should know is
stolen.
  (3) Subsection (1)(a) of this section does not prohibit:
  (a) The parent or guardian, or another person with the consent
of the parent or guardian, of a minor from transferring to the
minor a firearm, other than a handgun; or
  (b) The temporary transfer of any firearm to a minor for
hunting, target practice or any other lawful purpose.
  (4) Violation of this section is a Class A misdemeanor.
  SECTION 28. ORS 426.020 is amended to read:
  426.020. (1) The superintendent of a hospital referred to in
ORS 426.010 shall be a person the Oregon Health Authority
considers qualified to administer the hospital. If the
superintendent of any hospital is a physician licensed by the
Oregon Medical Board, the superintendent shall serve as chief
medical officer.
  (2) If the superintendent is not a physician,   { - the
Director of - }  the Oregon Health Authority   { - or the
designee of the director - } shall designate a physician to serve
as chief medical officer. The designated chief medical officer
may be an appointed state employee in the unclassified service, a
self-employed contractor or an employee of a public or private
entity that contracts with the authority to provide chief medical
officer services. Unless the designated chief medical officer is
specifically appointed as a state employee in the unclassified
service, the designated chief medical officer shall not be deemed
a state employee for purposes of any state statute, rule or
policy.
  (3)(a) Notwithstanding any other provision of law, the
designated chief medical officer may supervise physicians who are
employed by the hospital or who provide services at the hospital
pursuant to a contract.
  (b) The designated chief medical officer may delegate all or
part of the authority to supervise other physicians at the
hospital to a physician who is employed by the state, a
self-employed contractor or an employee of a public or private
entity that contracts with the authority to provide physician
services.
  SECTION 29. ORS 426.075 is amended to read:
  426.075. This section establishes procedures that are required
to be followed before the hearing if a court, under ORS 426.070,
orders a hearing under ORS 426.095. The following apply as
described:
  (1) The court shall be fully advised of all drugs and other
treatment known to have been administered to the allegedly
mentally ill person that may substantially affect the ability of
the person to prepare for or function effectively at the hearing.
The following shall advise the court as required by this
subsection:
  (a) When not otherwise provided by paragraph (b) of this
subsection, the community mental health program director   { - or
designee - } .
  (b) When the person has been detained by a warrant of detention
under ORS 426.070, 426.180, 426.228, 426.232 or 426.233, the
treating physician.
  (2) The court shall appoint examiners under ORS 426.110
sufficiently long before the hearing so that   { - they - }
 { + the examiners + } may begin their preparation for the
hearing. The records established by the Oregon Health Authority
by rule and the investigation report shall be made available to
the examiners at least 24 hours before the hearing in order that
the examiners may review the medical record and have an
opportunity to inquire of the medical personnel concerning the
treatment of the allegedly mentally ill person relating to the
detention period prior to the hearing.
  (3) The medical record described in subsection (2) of this
section shall be made available to counsel for the allegedly
mentally ill person at least 24 hours prior to the hearing.
  (4) When requested by a party to the action, the party's
attorney shall subpoena physicians who are or have been treating
the allegedly mentally ill person. Any treating physician
subpoenaed under this subsection shall be subpoenaed as an expert
witness.
  SECTION 30. ORS 426.090 is amended to read:
  426.090.   { - The judge - }  { +  A court + } shall cause a
citation to issue to the allegedly mentally ill person stating
the nature of the information filed concerning the person and the
specific reasons the person is believed to be mentally ill. The
citation shall further contain a notice of the time and place of
the commitment hearing, the right to legal counsel, the right to
have legal counsel appointed if the person is unable to afford
legal counsel, and, if requested, to have legal counsel
immediately appointed, the right to subpoena witnesses in behalf
of the person to the hearing and other information as the court
may direct. The citation shall be served upon the person by
delivering a duly certified copy of the original thereof to the
person in person prior to the hearing. The person shall have an
opportunity to consult with legal counsel prior to being brought
before the court.
  SECTION 31. ORS 426.110 is amended to read:
  426.110. The following requirements relating to the appointment
of examiners for purposes of a hearing under ORS 426.095 apply as
described:
  (1) The   { - judge - }  { +  court + } shall appoint one
qualified examiner.  If requested, the   { - judge - }  { +
court + } shall appoint one additional qualified examiner. A
request for an additional examiner under this subsection must be
made in writing and must be made by the allegedly mentally ill
person or the attorney for the allegedly mentally ill person.
  (2) To be qualified for purposes of this section, an examiner
must meet all of the following qualifications:
  (a) The person must agree to be an examiner.
  (b) The person must be one of the following:
  (A) A physician licensed by the Oregon Medical Board who is
competent to practice psychiatry as provided by the Oregon Health
Authority by rule.
  (B) Certified as a mental health examiner qualified to make
examinations for involuntary commitment proceedings by the
authority. The authority may establish, by rule, requirements for
certification as a mental health examiner for purposes of this
subparagraph.
  (3) The cost of examiners under this section shall be paid as
provided under ORS 426.250.
  SECTION 32. ORS 426.125 is amended to read:
  426.125. The following qualifications, requirements and other
provisions relating to a conditional release under ORS 426.130
apply as described:
  (1) A court may   { - only - }  order conditional release
 { + only + } if all of the following occur:
  (a) The conditional release is requested by the legal guardian,
relative or friend of the mentally ill person.
  (b) The person requesting the conditional release requests to
be allowed to care for the mentally ill person during the period
of commitment in a place satisfactory to the   { - judge - }
 { +  court + }.
  (c) The person requesting the release establishes all of the
following to the satisfaction of the court:
  (A) Ability to care for the mentally ill person.
  (B) That there are adequate financial resources available for
the care of the mentally ill person.
  (2) If the court determines to allow conditional release, the
court shall order that the mentally ill person be conditionally
released and placed in the care of the requester. The court shall
establish any terms and conditions on the conditional release
that the court determines appropriate.
  (3) Any conditional release ordered under this section is
subject to the provisions under ORS 426.275.
  SECTION 33. ORS 426.231 is amended to read:
  426.231. (1) A physician licensed by the Oregon Medical Board
may hold a person for transportation to a treatment facility for
up to 12 hours in a health care facility licensed under ORS
chapter 431 and approved by the Oregon Health Authority if:
  (a) The physician believes the person is dangerous to self or
to any other person and is in need of emergency care or treatment
for mental illness;
  (b) The physician is not related to the person by blood or
marriage; and
  (c) An admitting physician at the receiving facility consents
to the transporting.
  (2) Before transporting the person, the physician shall prepare
a written statement that:
  (a) The physician has examined the person within the preceding
12 hours;
  (b) An admitting physician at the receiving facility has
consented to the transporting of the person for examination and
admission if appropriate; and
  (c) The physician believes the person is dangerous to self or
to any other person and is in need of emergency care or treatment
for mental illness.
  (3) The written statement required by subsection (2) of this
section authorizes a peace officer, a person authorized under ORS
426.233 or the   { - designee of a - }  community mental health
program director to transport a person to the treatment facility
indicated on the statement.
  SECTION 34. ORS 426.233 is amended to read:
  426.233. (1)(a) A community mental health program director
operating under ORS 430.610 to 430.695   { - or a designee
thereof, under - }   { + and under the + } authorization of a
county governing body  { - , - } may take one of the actions
listed in paragraph (b) of this subsection when the community
mental health program director   { - or designee - }  has
probable cause to believe a person:
  (A) Is dangerous to self or to any other person and is in need
of immediate care, custody or treatment for mental illness;
  { - or - }
  (B)(i) Is a mentally ill person placed on conditional release
under ORS 426.125, outpatient commitment under ORS 426.127 or
trial visit under ORS 426.273; and
  (ii) Is dangerous to self or to any other person or is unable
to provide for basic personal needs and is not receiving the care
that is necessary for health and safety and is in need of
immediate care, custody or treatment for mental illness.
  (b) The community mental health program director   { - or
designee - }  under the circumstances set out in paragraph (a) of
this subsection may:

  (A) Notify a peace officer to take the person into custody and
direct the officer to remove the person to a hospital or
nonhospital facility approved by the Oregon Health Authority;
  (B) Authorize involuntary admission of, or, if already
admitted, cause to be involuntarily retained in a nonhospital
facility approved by the authority, a person approved for care or
treatment at a nonhospital facility by a physician under ORS
426.232;
  (C) Notify a person authorized under subsection (3) of this
section to take the person into custody and direct the authorized
person to remove the person in custody to a hospital or
nonhospital facility approved by the authority;
  (D) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a hospital or a
nonhospital facility approved by the authority to another
hospital or nonhospital facility approved by the authority as
provided under ORS 426.235; or
  (E) Direct a person authorized under subsection (3) of this
section to transport a person in custody from a facility approved
by the authority to another facility approved by the authority as
provided under ORS 426.060.
  (2) A   { - designee - }  { +  peace officer or authorized
person + } under subsection (1) of this section must be
recommended by the community mental health program director, meet
the standards established by rule of the authority and be
approved by the county governing body before assuming the
authority permitted under subsection (1) of this section.
  (3) The county governing body may, upon recommendation by the
community mental health program director, authorize any person to
provide custody and secure transportation services for a person
in custody under ORS 426.228. In authorizing a person under this
subsection, the county governing body shall grant the person the
authority to do the following:
  (a) Accept custody from a peace officer of a person in custody
under ORS 426.228;
  (b) Take custody of a person upon notification by the community
mental health program director under the provisions of this
section;
  (c) Remove a person in custody to an approved hospital or
nonhospital facility as directed by the community mental health
program director;
  (d) Transfer a person in custody to another person authorized
under this subsection or a peace officer;
  (e) Transfer a person in custody from a hospital or nonhospital
facility to another hospital facility or nonhospital facility
when directed to do so by the community mental health program
director; and
  (f) Retain a person in custody at the approved hospital or
nonhospital facility until a physician makes a determination
under ORS 426.232.
  (4) A person authorized under subsection (3) of this section
must be recommended by the community mental health program
director, meet the standards established by rule of the authority
and be approved by the governing body before assuming the
authority granted under this section.
  (5) The costs of transporting a person as authorized under ORS
426.060, 426.228 or 426.235 by a person authorized under
subsection (3) of this section   { - shall be - }   { + are + }
the responsibility of the county whose peace officer or community
mental health program director directs the authorized person to
take custody of a person and to transport the person to a
facility approved by the authority, but the county   { - shall
not be - }   { + is not + } responsible for costs that exceed the
amount provided by the state for that transportation. A person
authorized to act under subsection (3) of this section shall
charge the cost of emergency medical transportation to, and
collect that cost from, the person, third party payers or
otherwise legally responsible persons or agencies in the same
manner that costs for the transportation of other persons are
charged and collected.
  SECTION 35. ORS 426.234 is amended to read:
  426.234. (1) At the time a person is admitted to or retained in
a hospital or nonhospital facility under ORS 426.232 or 426.233,
a physician, nurse or qualified mental health professional at the
hospital or nonhospital facility shall:
  (a) Inform the person of the person's right to representation
by or appointment of counsel as described in ORS 426.100;
  (b) Give the person the warning under ORS 426.123;
  (c) Immediately examine the allegedly mentally ill person;
  (d) Set forth, in writing, the condition of the person and the
need for emergency care or treatment; and
  (e) If the physician, nurse or qualified mental health
professional reasonably suspects that the person is a foreign
national, inform the person of the person's right to communicate
with an official from the consulate of the person's country. A
physician, nurse or qualified mental health professional is not
civilly or criminally liable for failure to provide the
information required by this paragraph. Failure to provide the
information required by this paragraph does not in itself
constitute grounds for the exclusion of evidence that would
otherwise be admissible in a proceeding.
  (2)(a) At the time the person is admitted to or retained in a
hospital under ORS 426.232, the physician shall contact the
community mental health program director of the county in which
the person resides, if the county of residence is different from
the county in which the hospital is located. The community mental
health program director may request that the physician notify the
circuit court in the county in which the person resides. If the
community mental health program director does not make the
request authorized by this paragraph, the physician shall notify,
immediately and in writing, the circuit court in the county in
which the person is hospitalized.
  (b) At the time the person is admitted to a hospital under ORS
426.232 after being brought to the hospital by a peace officer
under ORS 426.228, the physician shall contact the community
mental health program director of the county in which the person
is hospitalized. The community mental health program director of
the county in which the person is hospitalized may request that
the physician notify the circuit court in the county in which the
person is hospitalized. If the community mental health program
director does not make the request authorized by this paragraph,
the physician shall notify, immediately and in writing, the
circuit court in the county in which the person was taken into
custody.
  (c) If, at any time prior to the hearing under ORS 426.070 to
426.130, the physician responsible for a person admitted or
retained under ORS 426.232 determines that the person is not
dangerous to self or others and is not in need of emergency care
or treatment for mental illness, the physician may release the
person from the detention authorized by ORS 426.232. The
physician shall immediately notify the circuit court notified
under this subsection and the community mental health program
director of the person's release from detention.
  (3)(a) At the time the person is admitted to or retained in a
nonhospital facility under ORS 426.233, the community mental
health program director   { - in - }   { + of + } the county
where the person was taken into custody shall contact the
community mental health program director of the county in which
the person resides, if the county of residence is different from
the county in which the person was taken into custody. The
community mental health program director of the county in which
the person resides may request that the community mental health
program director of the county in which the person was taken into
custody notify the circuit court in the county where the person
resides. Otherwise, the community mental health program director
of the county in which the person was taken into custody shall
notify, immediately and in writing, the circuit court in the
county in which the person was taken into custody.
  (b) If, at any time prior to the hearing under ORS 426.070 to
426.130, a community mental health program director, after
consultation with a physician, determines that a person admitted
or retained under ORS 426.233 is not dangerous to self or others
and is not in need of immediate care, custody or treatment for
mental illness, the community mental health program director may
release the person from detention. The community mental health
program director shall immediately notify the circuit court
originally notified under paragraph (a) of this subsection of the
person's release from detention.
  (4) When the   { - judge of the - }  circuit court receives
notice under subsection (2) or (3) of this section, the
 { - judge - }  { +  court + } immediately shall commence
proceedings under ORS 426.070 to 426.130. In a county having a
population of 100,000 or more, and when feasible in a county with
a lesser population, the community mental health program director
 { - or designee - }  who directs the peace officer or other
authorized person to take a person into custody under ORS 426.233
shall not also conduct the investigation as provided for under
ORS 426.074. Except when a person is being held under ORS 426.237
(1)(b), a person shall not be held under ORS 426.232 or 426.233
for more than five judicial days without a hearing being held
under ORS 426.070 to 426.130.
  (5) When the   { - judge of the - }  circuit court receives
notice under subsection (2)(c) or (3)(b) of this section that a
person has been released, and unless the court receives the
recommendation required by ORS 426.070 (4), the   { - judge - }
 { +  court + } shall dismiss the case no later than 14 days
after the date the person was initially detained.
  SECTION 36. ORS 426.278 is amended to read:
  426.278. The following persons shall be given a copy of the
conditions of a placement of a mentally ill person that is made
as an outpatient commitment under ORS 426.127 or as a trial visit
under ORS 426.273:
  (1) The committed person;
  (2) The community mental health program director  { - , or
designee of the director, - }  of the county in which the
committed person is to receive outpatient treatment;
  (3) The director of any facility, service or other provider
designated to provide care or treatment;
  (4) The court of current commitment; and
  (5) The appropriate court of the county in which the committed
person lives during the commitment period if the person is living
in a different county than the county of the court that made the
current commitment.
  SECTION 37. ORS 426.310 is amended to read:
  426.310. (1) If the mentally ill person is a resident of some
other county in this state, the county making the commitment
shall be reimbursed by the county of which the person is a
resident. All reasonable and actual expenses incurred and paid by
the county by reason of the care, custody, treatment,
investigation examination and commitment hearing shall, upon
presentation of a copy of the order of the   { - judge - }  { +
court + } making the examination and commitment, together with a
properly itemized and certified claim covering the expense, be
promptly paid to the county  { + making the commitment + } by the
county of which the person was a resident. The expenses
reimbursed under this subsection shall include any expenses
incurred to pay for representation of the state's interest under
ORS 426.100 and 426.250.
  (2) If an allegedly mentally ill person is a resident of some
other county in this state, a county attempting a commitment
shall be reimbursed by the county of which the person is a
resident, as defined in ORS 426.241, for all actual, reasonable
expenses incurred and paid by the county attempting commitment by
reason of the care, custody, treatment, investigation examination
and commitment hearing. The expenses reimbursed under this
subsection shall include any expenses incurred to pay for
representation of the state's interest under ORS 426.100 and
426.250.
  SECTION 38. ORS 426.335 is amended to read:
  426.335. The following limitations on liability and
circumstances are applicable to situations within this chapter
and ORS 430.397 to 430.401:
  (1) None of the following shall in any way be held criminally
or civilly liable for the making of the notification under ORS
426.070, provided the person acts in good faith, on probable
cause and without malice:
  (a) The community mental health program director   { - or
designee of the director - } .
  (b) The two petitioning persons.
  (c) The county health officer.
  (d) Any magistrate.
  (e) Any peace officer or parole and probation officer.
  (f) Any physician attending the allegedly mentally ill person.
  (g) The physician attached to a hospital or institution wherein
the allegedly mentally ill person is a patient.
  (2) The person conducting the investigation under ORS 426.070
and 426.074 shall not be held criminally or civilly liable for
conducting the investigation, provided the investigator acts in
good faith, on probable cause and without malice.
  (3) The person representing the state's interest under ORS
426.100 shall not be held criminally or civilly liable for
performing responsibilities under ORS 426.100 as long as the
person acts in good faith and without malice.
  (4) No person appointed under ORS 426.110 to conduct an
examination under ORS 426.120 shall be held criminally or civilly
liable for actions pursuant to ORS 426.120 if the examiner acts
in good faith and without malice.
  (5) No physician, hospital or judge shall be held criminally or
civilly liable for actions pursuant to ORS 426.228, 426.231,
426.232, 426.234 or 426.235 if the physician, hospital or judge
acts in good faith, on probable cause and without malice.
  (6) No peace officer, person authorized under ORS 426.233,
community mental health  { + program + } director   { - or
designee - } , hospital or other facility, physician or judge
shall in any way be held criminally or civilly liable for actions
pursuant to ORS 426.228 to 426.235 if the individual or facility
acts in good faith, on probable cause and without malice.
  (7) Any guardian, relative or friend of a mentally ill person
who assumes responsibility for the mentally ill person under a
conditional release under ORS 426.125 shall not be liable for any
damages that are sustained by any person on account of the
misconduct of the mentally ill person while on conditional
release if the guardian, relative or friend acts in good faith
and without malice.
  (8) The persons designated in this subsection shall not be
liable for damages that are sustained by any person or property
on account of the misconduct of a mentally ill person while the
mentally ill person is on outpatient commitment under ORS 426.127
if the designated person acts without willful and wanton neglect
of duty. This subsection is applicable to all of the following:
  (a) The community mental health program director   { - and the
designee of the director for - }   { + of + } the county in which
the committed person resides.

  (b) The superintendent or director of any staff of any facility
where the mentally ill person receives treatment during the
outpatient commitment.
  (c) The Director of the Oregon Health Authority.
  (d) The physician and the facility granting an outpatient
commitment to a patient.
  (9) For trial visits granted under ORS 426.273 and 426.275:
  (a) None of the following shall be liable for a patient's
expenses while on trial visit:
  (A) The physician and the facility granting a trial visit to a
patient;
  (B) The superintendent or director of the facility granting a
trial visit;
  (C) The Director of the Oregon Health Authority; and
  (D) The chief medical officer of the facility.
  (b) The following persons shall not be liable for damages that
are sustained by any person on account of the misconduct of such
patient while on trial visit if the person acts without willful
and wanton neglect of duty:
  (A) The community mental health program director   { - for - }
 { + of + } the county in which the person resides;
  (B) The superintendent, director or chief medical officer of
any facility granting a trial visit to a patient;
  (C) The physician responsible for the patient's trial visit;
  (D) The Director of the Oregon Health Authority; or
  (E) The employees and agents of persons listed in this
paragraph.
  SECTION 39. ORS 426.370 is amended to read:
  426.370. A community mental health program director   { - or
designee - }  may withhold information obtained during an
investigation under ORS 426.070, 426.228, 426.232, 426.233 or
426.234 if the community mental health program director
determines:
  (1) That information was not included in its investigation
report or otherwise used in a material way to support a
determination by the community mental health program director
that there was probable cause to believe a person was a mentally
ill person; and
  (2) Release of the information would constitute a clear and
immediate danger to any person.
  SECTION 40. ORS 427.300 is amended to read:
  427.300. (1) The Department of Human Services may, at its
discretion, direct any person with an intellectual disability who
has been committed under ORS 427.290 to the facility best able to
treat and train the person. The authority of the department on
such matters shall be final.
  (2) At any time, for good cause and in the best interest of the
person, the department may decide to transfer a resident from one
facility to another or discharge a resident as no longer in need
of residential care, treatment or training in a state training
center. Fifteen days prior to department action, the department
shall notify the resident and the parent, guardian or person
entitled to custody of the resident by certified mail of its
decision. The notice shall indicate the right of the
aforementioned parties to appeal this decision to the State
Training Center Review Board in writing within 10 days after
receipt of notice. Within 30 days from the date the appeal is
received by the department, the State Training Center Review
Board shall hold a hearing at which the department and the person
having filed the appeal shall present their case and shall
communicate its recommendation to the Director of Human Services
pursuant to ORS 427.205 (4)(b); and the director shall
communicate the decision of the director by certified mail to the
appealing party.
  (3) The department, pursuant to its rules, may delegate to a
community developmental disabilities program director the
responsibility for assignment of persons with intellectual
disabilities to suitable facilities or transfer between such
facilities under conditions which the department may define. Any
voluntary client or resident shall be released from the treating
or training facility within 15 business days of the request of
the client or resident for release, unless commitment
 { - procedures - }  { +  proceedings + } are initiated under ORS
427.235.
  SECTION 41. ORS 428.210 is amended to read:
  428.210. As used in ORS 428.210 to 428.270:
  (1) 'Authority' means the Oregon Health Authority.
  (2) 'Department' means the Department of Human Services.
  (3) 'Foreign hospital' means an institution in any other state
which corresponds to the institutions defined in subsection (8)
of this section.
  (4) 'Nonresident' means any person who is not a resident of
this state as defined in subsection (7) of this section.
  (5) 'Other state' includes all the states, territories,
possessions, commonwealths and agencies of the United States and
the District of Columbia, with the exception of the State of
Oregon.
  (6) 'Patient' means any person who has been committed by a
court of competent jurisdiction to a state hospital, except a
person committed to a state hospital pursuant to ORS 136.150
(1969 Replacement Part), 136.160 (1969 Replacement Part), 161.341
or 161.370.
  (7) 'Resident of this state' means a person who has lived in
this state continuously for a period of one year and who has not
acquired legal residence in any other state by living
continuously therein for at least one year subsequent to the
residence of the person in this state. However, a service man or
woman on active duty in the Armed Forces of the United States who
was domiciled in Oregon upon entry into active duty and who has
acquired no other domicile shall be entitled to have his or her
children considered a resident of this state so long as no other
domicile is acquired by the service man or woman.
  (8) 'State hospital' means any institution listed in ORS
426.010  { + (1) + } or 427.010.
  SECTION 42. ORS 480.225 is amended to read:
  480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:
  (a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
  (b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
  (c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
  (d) The person has not been determined to be mentally ill under
ORS 426.130 or to have an intellectual disability under ORS
427.290. A person who previously has been so determined is
eligible under this subsection if, at the time of application for
such a certificate, the person produces a certified copy of a
full discharge from the proper state hospital { +  or treatment
facility + }.  The Oregon Health Authority shall provide the
State Fire Marshal with direct electronic access to the
authority's database of information identifying persons meeting
the criteria of this section who were committed or subject to an
order under ORS 426.130. The State Fire Marshal and the authority
shall enter into an agreement describing the access to
information under this subsection.
  (e) The person is at least 21 years of age.
  (f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
  (g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
  (B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
  (h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
  (i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
  (j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
  (k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will
be used, stored and transported in accordance with federal, state
and local requirements.
  (L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
  (2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
  SECTION 43.  { + ORS 426.370 is added to and made a part of ORS
426.005 to 426.390. + }

                               { +
CAPTIONS + }

  SECTION 44.  { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
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