Bill Text: OR HB4077 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to teen dating violence.

Spectrum: Strong Partisan Bill (Democrat 29-2)

Status: (Passed) 2012-03-27 - Chapter 69, (2012 Laws): Effective date January 1, 2013. [HB4077 Detail]

Download: Oregon-2012-HB4077-Engrossed.html


     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 70

                           A-Engrossed

                         House Bill 4077
                 Ordered by the House February 7
           Including House Amendments dated February 7

Sponsored by Representatives WAND, BAILEY, Senator MONNES
  ANDERSON; Representatives BREWER, DEMBROW, GARRETT, GELSER,
  HUNT, KENY-GUYER, MATTHEWS, READ, SCHAUFLER, TOMEI (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.

  Directs each school district board to adopt policy regarding
teen dating violence.
  Directs Department of Justice to use moneys in Oregon Domestic
and Sexual Violence Services Fund for purposes related to teen
dating violence.
  Allows Director of Human Services to make grants for
prevention, identification and treatment related to teen dating
violence.
  Requires Director of Oregon Health Authority to create or
include in existing survey of teens questions about teen dating
violence.

                        A BILL FOR AN ACT
Relating to teen dating violence; creating new provisions; and
  amending ORS 147.450, 147.453, 409.290 and 409.292.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Dating' or 'dating relationship' means an ongoing social
relationship of a romantic or intimate nature between two
persons. 'Dating' or 'dating relationship' does not include a
casual relationship or ordinary fraternization between two
persons in a business or social context.
  (b) 'Teen dating violence' means:
  (A) A pattern of behavior in which a person uses or threatens
to use physical, mental or emotional abuse to control another
person who is in a dating relationship with the person, where one
or both persons are 13 to 19 years of age; or
  (B) Behavior by which a person uses or threatens to use sexual
violence against another person who is in a dating relationship
with the person, where one or both persons are 13 to 19 years of
age.
  (2) Each school district board shall adopt a policy that:
  (a) States that teen dating violence is unacceptable and is
prohibited and that each student has the right to a safe learning
environment;
  (b) Incorporates age-appropriate education about teen dating
violence into new or existing training programs for students in
grades 7 through 12 and school employees as recommended by the
school officials identified under paragraph (d) of this
subsection;
  (c) Establishes procedures for the manner in which employees of
a school are to respond to incidents of teen dating violence that
take place at the school, on school grounds, at school-sponsored
activities or in vehicles used for school-provided
transportation;
  (d) Identifies by job title the school officials who are
responsible for receiving reports related to teen dating
violence, which shall be the same school officials identified in
the policy adopted by a school district under ORS 339.356; and
  (e) Notifies students and parents of the teen dating violence
policy adopted by the board.
  (3) The policy adopted under subsection (2) of this section
must be included in and consistent with the policy adopted by a
school district under ORS 339.356. + }
  SECTION 2. ORS 147.450 is amended to read:
  147.450. As used in ORS 147.450 to 147.471:
  (1) 'Domestic violence' has the meaning given that term in ORS
135.230 { +  and includes teen dating violence. + }  { - ;
and - }
  (2) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305.
   { +  (3) 'Teen dating violence' means:
  (a) A pattern of behavior in which a person uses or threatens
to use physical, mental or emotional abuse to control another
person who is in a dating relationship with the person, where one
or both persons are 13 to 19 years of age; or
  (b) Behavior by which a person uses or threatens to use sexual
violence against another person who is in a dating relationship
with the person, where one or both persons are 13 to 19 years of
age. + }
  SECTION 3. ORS 147.453 is amended to read:
  147.453. There is established in the State Treasury, separate
and distinct from the General Fund, the Oregon Domestic and
Sexual Violence Services Fund. All moneys in the fund are
continuously appropriated to the Department of Justice and shall
be used by the department to carry out a program of domestic and
sexual violence services that:
  (1) Provides safety for and assists victims of domestic
violence and sexual assault, promotes effective intervention and
reduces the incidence of domestic violence and sexual assault;
  (2) Advocates for victims and for domestic violence and sexual
assault services;   { - and - }
  (3) Promotes and facilitates interagency and interdepartmental
cooperation among state agencies, including the Department of
Human Services, and among different levels of government in this
state in the delivery and funding of services  { - . - }  { + ;
and
  (4) Encourages and supports services, programs and curricula to
educate and inform students in grades 7 through 12 about teen
dating violence, to provide assistance to victims of teen dating
violence and to prevent and reduce the incidence of teen dating
violence. + }
  SECTION 4. ORS 409.290 is amended to read:
  409.290. As used in ORS 409.290 to 409.300 unless the context
requires otherwise:
  (1) 'Crisis line' means an emergency telephone service staffed
by persons who are trained to provide emergency peer counseling,
information, referral and advocacy to victims of
  { - domestic - }  { +  family or teen dating + } violence and
their families.
  (2) 'Director' means the Director of Human Services.
  (3) 'Family violence' means the physical injury, sexual abuse
or forced imprisonment, or threat thereof, of a person by another
who is related by blood, marriage or intimate cohabitation at the
present or has been related at some time in the past, to the
extent that the person's health or welfare is harmed or
threatened thereby, as determined in accordance with rules
prescribed by the director.
  (4) 'Safe house' means a place of temporary refuge, offered on
an 'as needed' basis to victims of   { - domestic - }  { +
family + } violence and their families.
  (5) 'Shelter home' means a place of temporary refuge, offered
on a 24-hour, seven-day per week basis to victims of
  { - domestic - }  { +  family + } violence and their children.
   { +  (6) 'Teen dating violence' means:
  (a) A pattern of behavior in which a person uses or threatens
to use physical, mental or emotional abuse to control another
person who is in a dating relationship with the person, where one
or both persons are 13 to 19 years of age; or
  (b) Behavior by which a person uses or threatens to use sexual
violence against another person who is in a dating relationship
with the person, where one or both persons are 13 to 19 years of
age. + }
  SECTION 5. ORS 409.292 is amended to read:
  409.292. (1) The Director of Human Services may make grants to
and enter into contracts with nonprofit private organizations or
public agencies for programs and projects designed to prevent,
identify and treat family  { + and teen dating + } violence.
Grants or contracts under this subsection may be:
  (a) For the funding of shelter homes for spouses and children
who are or have experienced family violence including acquisition
and maintenance of shelter homes;
  (b) For the funding of crisis lines providing services to
victims of   { - domestic - }  { +  family or teen dating + }
violence and their families;
  (c) For the funding of safe houses for victims of
 { - domestic - }  { +  family  + }violence and their families;
 { - and - }
   { +  (d) For the funding of services, programs and curricula
to educate and inform students in grades 7 through 12 about teen
dating violence, to provide assistance to victims of teen dating
violence and to prevent and reduce the incidence of teen dating
violence; and + }
    { - (d) - }  { +  (e) + } For the development and
establishment of programs for professional and paraprofessional
personnel in the fields of social work, law enforcement,
education, law, medicine and other relevant fields who are
engaged in the field of the prevention, identification and
treatment of family  { + and teen dating + } violence and
training programs in methods of preventing family  { + and teen
dating + } violence.
  (2) The director shall not make a grant to any organization or
agency under this section except on the condition that a local
governmental unit or community organization provide matching
moneys equal to 25 percent of the amount of the grant. The
applying organization itself may contribute to or provide the
required local matching funds. The value of in kind contributions
and volunteer labor from the community may be computed and
included as a part of the local matching requirement imposed by
this subsection.
  (3) Notwithstanding the provisions of ORS 192.001 to 192.170,
192.210 to 192.505 and 192.610 to 192.990:
  (a) The director may by rule provide that the locations of
premises utilized for shelter homes or other physical facilities
in family violence programs and projects shall be kept
confidential.

  (b) All information maintained by the shelter home, safe house
or crisis line relating to clients is confidential. However,
crisis lines specifically funded to provide services for victims
of child abuse are subject to the requirements of ORS 419B.005 to
419B.050. Except for the names of clients, necessary information
may be disclosed to the director.
  SECTION 6.  { + (1) The Director of the Oregon Health Authority
shall create or include in any existing survey that is regularly
conducted of students in grades 8 and 11 in this state questions
about teen dating violence. The questions shall be designed to
elicit responses that will assist the Oregon Health Authority to
determine, at a minimum:
  (a) Whether teens in this state are informed about teen dating
violence and, if they are, how they have been informed about teen
dating violence;
  (b) The incidence of teen dating violence;
  (c) The type of assistance, if any, available to victims of
teen dating violence;
  (d) Possible reasons for teen dating violence and suggestions
to prevent or reduce the incidence of teen dating violence; and
  (e) The needs of victims of teen dating violence.
  (2) The Director of the Oregon Health Authority shall share
information obtained from the survey conducted under this section
with the Director of Human Services.
  (3) As used in this section, 'teen dating violence' has the
meaning given that term in ORS 409.290. + }
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