Bill Text: OR HB4156 | 2012 | Regular Session | Introduced
Bill Title: Relating to protective orders for victims of sexual assault; declaring an emergency.
Sponsorship: Slight Partisan Bill (Democrat 8-4)
Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4156 Detail]
Download: Oregon-2012-HB4156-Introduced.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 95
House Bill 4156
Sponsored by Representatives GELSER, BARKER, BREWER;
Representatives BERGER, KOMP, SCHAUFLER, TOMEI, Senators
BURDICK, MONNES ANDERSON, MORSE, ROSENBAUM, TELFER (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.
Authorizes issuance of restraining order for certain persons
who are subjected to nonconsensual sexual contact.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to protective orders for victims of sexual assault;
creating new provisions; amending ORS 21.245, 36.185, 40.210,
107.835, 133.310 and 133.381; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 8 of this 2012 Act:
(1) 'Family or household members,' 'interfere, ' ' intimidate,'
'menace' and 'molest' have the meanings given those terms in ORS
107.705.
(2) 'Nonconsensual sexual contact' includes sexual contact with
a person who is considered incapable of consenting to a sexual
act under ORS 163.315.
(3) 'Sexual contact' has the meaning given that term in ORS
163.305. + }
SECTION 2. { + (1) A person who has been subjected to
nonconsensual sexual contact within the preceding 180 days may
petition the circuit court for a restraining order if:
(a) The person and the respondent are not family or household
members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person
pursuant to a foreign restraining order as defined in ORS 24.190,
an order issued pursuant to ORS 30.866, 124.015, 124.020, 163.738
or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under sections 1 to 8 of this
2012 Act must be filed in the circuit court in a county in which
the petitioner or the respondent resides.
(b) The petition must allege that the respondent subjected the
petitioner to nonconsensual sexual contact within the 180 days
preceding the filing of the petition.
(c) Statements in the petition must be made under oath or
affirmation.
(d) The petitioner has the burden of proving a claim under
sections 1 to 8 of this 2012 Act by a preponderance of the
evidence.
(3) The following periods of time may not be counted for the
purpose of computing the 180-day period described in this section
and section 3 of this 2012 Act:
(a) Any time during which the respondent is incarcerated.
(b) Any time during which the respondent has a principal
residence more than 100 miles from the principal residence of the
petitioner.
(c) Any time during which the respondent is subject to an order
described in subsection (1)(c) of this section. + }
SECTION 3. { + (1) When a petition is filed in accordance with
section 2 of this 2012 Act, the circuit court shall hold an ex
parte hearing in person or by telephone on the day the petition
is filed or on the following judicial day. Upon a showing that
the respondent has subjected the petitioner to nonconsensual
sexual contact within the 180 days preceding the filing of the
petition, the court shall, if requested by the petitioner, order:
(a) That the respondent be restrained from entering, or
attempting to enter, a reasonable area surrounding the
petitioner's residence;
(b) That the respondent be restrained from intimidating,
molesting, interfering with or menacing the petitioner, or
attempting to intimidate, molest, interfere with or menace the
petitioner;
(c) That the respondent be restrained from intimidating,
molesting, interfering with or menacing any children or family or
household members of the petitioner, or attempting to intimidate,
molest, interfere with or menace any children or family or
household members of the petitioner;
(d) That the respondent be restrained from entering, or
attempting to enter, any premises and a reasonable area
surrounding the premises when it appears to the court that the
restraint is necessary to prevent the respondent from
intimidating, molesting, interfering with or menacing the
petitioner or the petitioner's children or family or household
members;
(e) That the respondent have no contact with the petitioner or
the petitioner's children or family or household members; and
(f) Other relief that the court considers necessary to provide
for the safety and welfare of the petitioner or the petitioner's
children or family or household members.
(2) If the respondent is restrained from entering or attempting
to enter an area surrounding the petitioner's residence or any
other premises, the order must specifically describe the area.
(3) When the court enters an order under sections 1 to 8 of
this 2012 Act, the court shall set a security amount for the
violation of the order.
(4) If the court enters an order under subsection (1) of this
section:
(a) The clerk of the court shall provide, without charge, the
number of certified true copies of the petition and order
necessary to provide the petitioner with one copy and to effect
service and shall have a true copy of the petition and order
delivered to the county sheriff for service upon the respondent,
unless the court finds that further service is unnecessary
because the respondent appeared in person before the court. In
addition and upon request by the petitioner, the clerk of the
court shall provide the petitioner, without charge, two
exemplified copies of the petition and order.
(b) The county sheriff shall serve the respondent personally
unless the petitioner elects to have the respondent served
personally by another party. Proof of service shall be made in
accordance with section 6 of this 2012 Act. When the order does
not contain the respondent's date of birth and service is
effected by the sheriff, the sheriff shall verify the
respondent's date of birth with the respondent and shall record
that date on the order or proof of service entered into the Law
Enforcement Data System under section 6 of this 2012 Act.
(5) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
sheriff shall return the order and petition to the clerk of the
court. The clerk of the court shall notify the petitioner, at the
address provided by the petitioner, of the error or omission.
(b) Cannot complete service within 10 days after accepting the
order and petition, the sheriff shall notify the petitioner, at
the address provided by the petitioner, that the documents have
not been served. If the petitioner does not respond within 10
days, the sheriff shall hold the order and petition for future
service and file a return to the clerk of the court showing that
service was not completed.
(6)(a) Within 30 days after a restraining order is served under
this section, the respondent may request a court hearing upon any
relief granted.
(b) If the respondent requests a hearing under paragraph (a) of
this subsection, the clerk of the court shall notify the
petitioner of the date and time of the hearing and shall supply
the petitioner with a copy of the respondent's request for a
hearing. The petitioner shall give the clerk of the court
information sufficient to allow such notification.
(7) If the respondent fails to request a hearing within 30 days
after a restraining order is served, the restraining order is
confirmed by operation of law.
(8) An order entered under subsection (1) of this section is
effective for a period of one year, unless renewed, modified or
terminated in accordance with sections 1 to 8 of this 2012
Act. + }
SECTION 4. { + (1) If the respondent requests a hearing under
section 3 (6) of this 2012 Act, the court shall hold the hearing
within 21 days after the request. At the hearing, the court may
cancel or change the order issued under section 3 of this 2012
Act.
(2)(a) If service of a notice of hearing is inadequate to
provide a party with sufficient notice of the hearing, the court
may extend the date of the hearing for up to five days so that
the party may seek representation.
(b) If one party is represented by an attorney at the hearing,
the court may extend the date of the hearing for up to five days
at the other party's request so that the other party may seek
representation.
(3) If the court continues the order issued under section 3 of
this 2012 Act, with or without changes, at a hearing about which
the respondent received actual notice and the opportunity to be
heard, the court shall include in the order a certificate in
substantially the following form in a separate section
immediately above the signature of the judge: + }
________________________________________________________________
{ +
CERTIFICATE OF COMPLIANCE + }
{ +
WITH THE + }
{ +
VIOLENCE AGAINST WOMEN ACT + }
{ + This protective order meets all full faith and credit
requirements of the Violence Against Women Act, 18 U.S.C. 2265
(1994). This court has jurisdiction over the parties and the
subject matter. The respondent was afforded notice and timely
opportunity to be heard as provided by the law of this
jurisdiction. This order is valid and entitled to enforcement in
this and all other jurisdictions. + }
________________________________________________________________
{ + (4) The court may approve a consent agreement if the
court determines that the agreement provides sufficient
protections to the petitioner. The court may not approve a term
in a consent agreement that provides for restraint of a party to
the agreement unless the other party petitioned for and was
granted an order issued under sections 1 to 8 of this 2012 Act.
(5) An order entered under this section, or a consent agreement
entered into under this section, shall continue for a period of
one year from the date of the order issued under section 3 of
this 2012 Act, unless the order is renewed, modified or
terminated in accordance with sections 1 to 8 of this 2012
Act. + }
SECTION 5. { + (1) A party may file a motion under ORS 45.400
requesting that the court allow the appearance of the party or a
witness by telephone or by other two-way electronic communication
device in a proceeding under sections 1 to 8 of this 2012 Act.
(2) In determining whether to allow written notice less than 30
days before the proceeding under ORS 45.400 (2), the court shall
consider the expedited nature of a proceeding under sections 1 to
8 of this 2012 Act.
(3) In addition to the factors listed in ORS 45.400 (7) that
would support a finding of good cause, the court shall consider
whether the safety or welfare of the party or witness would be
threatened if testimony were required to be provided in person at
a proceeding under sections 1 to 8 of this 2012 Act.
(4) A motion or good cause determination is not required for ex
parte hearings held by telephone under section 3 of this 2012
Act. + }
SECTION 6. { + (1)(a) When a restraining order is issued in
accordance with sections 1 to 8 of this 2012 Act and the person
to be restrained has actual notice of the order, the clerk of the
court or any other person serving the petition and order shall
immediately deliver to a county sheriff copies of the petition
and order and a true copy of the affidavit of proof of service on
which it is stated that personal service of the petition and
order was served on the respondent. If an order entered by the
court recites that the respondent appeared in person before the
court, the necessity for service of the order and an affidavit of
proof of service is waived.
(b) Upon receipt of a copy of the order and notice of
completion of any required service by a member of a law
enforcement agency, the county sheriff shall immediately enter
the order into the Law Enforcement Data System maintained by the
Department of State Police and the databases of the National
Crime Information Center of the United States Department of
Justice. If the petition and order were served on the respondent
by a person other than a member of a law enforcement agency, the
county sheriff shall enter the order into the Law Enforcement
Data System and the databases of the National Crime Information
Center upon receipt of a true copy of the affidavit of proof of
service. The sheriff shall provide the petitioner with a true
copy of any required proof of service.
(c) Entry into the Law Enforcement Data System constitutes
notice to all law enforcement agencies of the existence of the
order. Law enforcement agencies shall establish procedures
adequate to ensure that an officer at the scene of an alleged
violation of the order may be informed of the existence and terms
of the order. The order is fully enforceable in any county or
tribal land in this state.
(d) When a restraining order has been entered into the Law
Enforcement Data System and the databases of the National Crime
Information Center of the United States Department of Justice
under this subsection, a county sheriff shall cooperate with a
request from a law enforcement agency from any other jurisdiction
to verify the existence of the restraining order or to transmit a
copy of the order to the requesting jurisdiction.
(2) A sheriff may serve a restraining order issued under
sections 1 to 8 of this 2012 Act in the county in which the
sheriff was elected and in any county that is adjacent to the
county in which the sheriff was elected.
(3) A sheriff may serve and enter into the Law Enforcement Data
System a copy of a restraining order issued under sections 1 to 8
of this 2012 Act that was transmitted to the sheriff by a court
or law enforcement agency using an electronic communication
device. Before transmitting a copy of a restraining order to a
sheriff under this subsection by telephonic facsimile or
electronic mail, the person sending the copy must receive
confirmation from the sheriff's office that an electronic
communication device is available and operating. For purposes of
this subsection, 'electronic communication device' means a device
by which any kind of electronic communication can be made,
including but not limited to communication by telephonic
facsimile and electronic mail.
(4) When a court enters an order terminating a restraining
order issued under sections 1 to 8 of this 2012 Act before the
expiration date, the clerk of the court shall immediately deliver
a copy of the termination order to the county sheriff with whom
the original order was filed. Upon receipt of the termination
order, the county sheriff shall promptly remove the original
order from the Law Enforcement Data System and the databases of
the National Crime Information Center of the United States
Department of Justice.
(5)(a) A contempt proceeding for an alleged violation of an
order issued under sections 1 to 8 of this 2012 Act must be
conducted by the court that issued the order or by the circuit
court for a county in which a violation of the restraining order
occurs. If contempt proceedings are initiated in the circuit
court for a county in which a violation of the restraining order
occurs, the person initiating the contempt proceedings shall file
with the court a copy of the restraining order, certified by the
clerk of the court that issued the order. Upon filing of the
certified copy of the restraining order, the court shall enforce
the order as though the court had issued the order.
(b) Pending a contempt hearing for an alleged violation of a
restraining order issued under sections 1 to 8 of this 2012 Act,
a person arrested and taken into custody pursuant to ORS 133.310
may be released as provided in ORS 135.230 to 135.290.
(c) Service of process or other legal documents upon the
petitioner is not a violation of an order entered under sections
1 to 8 of this 2012 Act if the petitioner is served as provided
in ORCP 7 or 9. + }
SECTION 7. { + (1)(a) The court may renew an order entered
under sections 1 to 8 of this 2012 Act upon a finding that a
person in the petitioner's situation would reasonably fear for
the person's physical safety if the order is not renewed. A
finding that the respondent has subjected the petitioner to
additional nonconsensual sexual contact is not required.
(b) A court may renew an order on the basis of a sworn, ex
parte petition alleging facts supporting the required finding. If
the renewal order is granted, the provisions of sections 3 (4) to
(8) and 4 (3) of this 2012 Act apply, except that the court may
hear no issue other than the basis for renewal, unless requested
in the hearing request form and thereafter agreed to by the
petitioner. The court shall hold a hearing required under this
paragraph within 21 days after the respondent's request.
(2) At any time after the time period set forth in section 3
(6) of this 2012 Act:
(a) A party may request that the court modify terms in the
order for good cause shown.
(b) A petitioner may request that the court remove terms in the
order or make terms in the order less restrictive. Application to
the court under this paragraph may be by ex parte motion.
(3) The clerk of the court shall provide without charge the
number of certified true copies of the request for modification
of the order and notice of hearing necessary to effect service
and, at the election of the party requesting the modification,
shall have a true copy of the request and notice delivered to the
county sheriff for service upon the other party.
(4) The county sheriff shall serve the other party with a
request under subsection (2)(a) of this section by personal
service, unless the party requesting the modification elects to
have the other party personally served by a private party or
unless otherwise ordered by the court.
(5) The provisions of section 4 (3) of this 2012 Act apply to a
modification of an order under this section.
(6) The clerk of the court shall deliver a copy of an order of
modification entered under this section to the county sheriff for
service and entry into the Law Enforcement Data System as
provided in section 6 of this 2012 Act.
(7)(a) The county sheriff shall serve a copy of an order of
modification:
(A) Entered under subsection (2)(a) of this section by personal
service on the nonrequesting party.
(B) Entered under subsection (2)(b) of this section by mailing
a copy of the order to the respondent by first class mail.
(b) If the order of modification recites that the respondent
appeared in person before the court, the necessity for service of
the order and an affidavit of proof of service is waived.
(8) A restraining order entered under sections 1 to 8 of this
2012 Act may not be terminated on motion of the petitioner,
unless the motion is notarized. + }
SECTION 8. { + (1)(a) A filing fee, service fee or hearing fee
may not be charged for proceedings seeking only the relief
provided under sections 1 to 8 of this 2012 Act.
(b) An undertaking may not be required in any proceeding under
sections 1 to 8 of this 2012 Act.
(2) A proceeding under sections 1 to 8 of this 2012 Act is in
addition to any other available civil or criminal remedies.
(3)(a) After obtaining the approval of the Chief Justice of the
Supreme Court, the Attorney General's Sexual Assault Task Force
shall produce:
(A) A form petition and order, a hearing request form and any
related forms for use under sections 1 to 8 of this 2012 Act; and
(B) An instructional brochure explaining the rights set forth
in sections 1 to 8 of this 2012 Act.
(b) The Attorney General's Sexual Assault Task Force shall
provide the forms and the instructional brochure to the clerks of
the circuit court who shall make the forms and brochure available
to the public. + }
SECTION 9. { + The amendments to section 8 of this 2012 Act by
section 10 of this 2012 Act become operative on July 1, 2019. + }
SECTION 10. Section 8 of this 2012 Act is amended to read:
{ + Sec. 8. + } (1)(a) A filing fee, service fee or hearing
fee may not be charged for proceedings seeking only the relief
provided under sections 1 to 8 of this 2012 Act.
(b) An undertaking may not be required in any proceeding under
sections 1 to 8 of this 2012 Act.
(2) A proceeding under sections 1 to 8 of this 2012 Act is in
addition to any other available civil or criminal remedies.
{ - (3)(a) After obtaining the approval of the Chief Justice
of the Supreme Court, the Attorney General's Sexual Assault Task
Force shall produce: - }
{ - (A) A form petition and order, a hearing request form and
any related forms for use under sections 1 to 8 of this 2012 Act;
and - }
{ - (B) An instructional brochure explaining the rights set
forth in sections 1 to 8 of this 2012 Act. - }
{ - (b) The Attorney General's Sexual Assault Task Force
shall provide the forms and the instructional brochure to the
clerks of the circuit court who shall make the forms and brochure
available to the public. - }
{ + (3) The State Court Administrator shall prescribe the
content and form of the petition, order, hearing request form and
related forms for use under sections 1 to 8 of this 2012 Act. The
clerk of the court shall make available the forms and an
instructional brochure explaining the rights set forth under
sections 1 to 8 of this 2012 Act. + }
SECTION 11. ORS 21.245 is amended to read:
21.245. (1) The State Court Administrator may prescribe and
charge a reasonable price, covering the costs of labor and
material, for any forms provided by the courts of this state. The
sums so collected shall be paid over to the State Treasurer and
credited to the Court Forms Revolving Fund.
(2) Notwithstanding subsection (1) of this section, no charge
shall be made for forms made available under the provisions of
ORS 107.700 to 107.735 or 124.005 to 124.040 { + or sections 1
to 8 of this 2012 Act + }.
SECTION 12. ORS 36.185 is amended to read:
36.185. After the appearance by all parties in any civil
action, except proceedings under ORS 107.700 to 107.735 or
124.005 to 124.040 { + or sections 1 to 8 of this 2012 Act + },
a judge of any circuit court may refer a civil dispute to
mediation under the terms and conditions set forth in ORS 36.185
to 36.210. When a party to a case files a written objection to
mediation with the court, the action shall be removed from
mediation and proceed in a normal fashion. All civil disputants
shall be provided with written information describing the
mediation process, as provided or approved by the State Court
Administrator, along with information on established court
mediation opportunities. Filing parties shall be provided with
this information at the time of filing a civil action. Responding
parties shall be provided with this information by the filing
party along with the initial service of filing documents upon the
responding party.
SECTION 13. ORS 40.210 is amended to read:
40.210. (1) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427,
{ - or - } in a prosecution for an attempt to commit one of
these crimes { + or in a proceeding conducted under sections 1
to 8 of this 2012 Act + }, the following evidence is not
admissible:
(a) Reputation or opinion evidence of the past sexual behavior
of an alleged victim { - of the crime - } or a corroborating
witness; or
(b) Reputation or opinion evidence presented for the purpose of
showing that the manner of dress of an alleged victim { - of
the crime - } incited the crime { + or the nonconsensual sexual
contact + } or indicated consent to the sexual acts alleged
{ - in the charge - } .
(2) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427,
{ - or - } in a prosecution for an attempt to commit one of
these crimes { + or in a proceeding conducted under sections 1
to 8 of this 2012 Act + }, evidence of { - a - } { + an
alleged + } victim's past sexual behavior other than reputation
or opinion evidence is also not admissible, unless the evidence
other than reputation or opinion evidence:
(a) Is admitted in accordance with subsection (4) of this
section; and
(b) Is evidence that:
(A) Relates to the motive or bias of the alleged victim;
(B) Is necessary to rebut or explain scientific or medical
evidence offered by the state; or
(C) Is otherwise constitutionally required to be admitted.
(3) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427,
{ - or - } in a prosecution for an attempt to commit one of
these crimes { + or in a proceeding conducted under sections 1
to 8 of this 2012 Act + }, evidence, other than reputation or
opinion evidence, of the manner of dress of the alleged victim or
a corroborating witness, presented by a person accused of
committing the crime { + , or the respondent in a proceeding
conducted under sections 1 to 8 of this 2012 Act + }, is also not
admissible, unless the evidence is:
(a) Admitted in accordance with subsection (4) of this section;
and
(b) Is evidence that:
(A) Relates to the motive or bias of the alleged victim;
(B) Is necessary to rebut or explain scientific, medical or
testimonial evidence offered by the state;
(C) Is necessary to establish the identity of the
{ + alleged + } victim; or
(D) Is otherwise constitutionally required to be admitted.
(4)(a) If the person accused of committing rape, sodomy or
sexual abuse or attempted rape, sodomy or sexual abuse { + , or
the respondent in a proceeding conducted under sections 1 to 8 of
this 2012 Act, + } intends to offer evidence under subsection (2)
or (3) of this section, the accused { + or respondent + } shall
make a written motion to offer the evidence not later than 15
days before the date on which the trial in which the evidence is
to be offered is scheduled to begin, except that the court may
allow the motion to be made at a later date, including during
trial, if the court determines either that the evidence is newly
discovered and could not have been obtained earlier through the
exercise of due diligence or that the issue to which the evidence
relates has newly arisen in the case. Any motion made under this
paragraph shall be served on all other parties { - , - }
and { + , in a criminal prosecution, + } on the alleged victim
through the office of the prosecutor.
(b) The motion described in paragraph (a) of this subsection
shall be accompanied by a written offer of proof. If the court
determines that the offer of proof contains evidence described in
subsection (2) or (3) of this section, the court shall order a
hearing in camera to determine if the evidence is admissible. At
the hearing the parties may call witnesses, including the alleged
victim, and offer relevant evidence. Notwithstanding ORS 40.030
(2), if the relevancy of the evidence that the accused { + or
respondent + } seeks to offer in the trial depends upon the
fulfillment of a condition of fact, the court, at the hearing in
camera or at a subsequent hearing in camera scheduled for the
same purpose, shall accept evidence on the issue of whether the
condition of fact is fulfilled and shall determine the issue.
(c) If the court determines on the basis of the hearing
described in paragraph (b) of this subsection that the evidence
the accused { + or respondent + } seeks to offer is relevant and
that the probative value of the evidence outweighs the danger of
unfair prejudice, the evidence shall be admissible in the trial
to the extent an order made by the court specifies evidence that
may be offered and areas with respect to which a witness may be
examined or cross-examined.
{ + (d) + } An order admitting evidence under this subsection
{ + in a criminal prosecution + } may be appealed by the
government before trial.
(5) For purposes of this section:
{ + (a) 'Alleged victim' includes the petitioner in a
proceeding conducted under sections 1 to 8 of this 2012 Act; + }
{ - (a) - } { + (b) + } 'In camera' means out of the
presence of the public and the jury; { - and - }
{ - (b) - } { + (c) + } 'Past sexual behavior' means sexual
behavior other than { + :
(A) + } The sexual behavior with respect to which rape, sodomy
or sexual abuse or attempted rape, sodomy or sexual abuse is
alleged { - . - } { + ; or
(B) In a proceeding conducted under sections 1 to 8 of this
2012 Act, the alleged nonconsensual sexual contact; and
(d) 'Trial' includes a hearing conducted under sections 1 to 8
of this 2012 Act. + }
SECTION 14. ORS 107.835 is amended to read:
107.835. (1) When a court enters a judgment, order or
modification of a judgment or order under ORS chapter 25, 107,
108, 109, 110 or 416 { + or sections 1 to 8 of this 2012
Act + }, the court shall allow any party to the judgment or order
to include in the judgment or order a waiver of personal service
in a subsequent contempt proceeding in order to maintain the
confidentiality of the party's residential address. In the
waiver, the party shall give a contact address for service of
process and select one of the following methods of substituted
service:
(a) Mailing address;
(b) Business address; or
(c) Specified agent.
(2) Any time after a party has waived personal service under
subsection (1) of this section, the party may file an amended
waiver designating a different method of substituted service or a
different address for substituted service. The party shall give
notice of the amendment to all other parties.
(3) The State Court Administrator shall prescribe the content
and form of the waiver and amended waiver described in this
section.
SECTION 15. ORS 133.310 is amended to read:
133.310. (1) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe that the
person has committed any of the following:
(a) A felony.
(b) A misdemeanor.
(c) An unclassified offense for which the maximum penalty
allowed by law is equal to or greater than the maximum penalty
allowed for a Class C misdemeanor.
(d) Any other crime committed in the officer's presence.
(2) A peace officer may arrest a person without a warrant when
the peace officer is notified by telegraph, telephone, radio or
other mode of communication by another peace officer of any state
that there exists a duly issued warrant for the arrest of a
person within the other peace officer's jurisdiction.
(3) A peace officer shall arrest and take into custody a person
without a warrant when the peace officer has probable cause to
believe that:
(a) There exists an order issued pursuant to ORS 30.866,
107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020,
163.738 or 419B.845 { + or section 3 or 4 of this 2012 Act
+ }restraining the person;
(b) A true copy of the order and proof of service on the person
has been filed as required in ORS 107.720, 124.030, 163.741 or
419B.845 { + or section 6 of this 2012 Act + }; and
(c) The person to be arrested has violated the terms of that
order.
(4) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.190 presents a copy of the foreign restraining
order to the officer and represents to the officer that the order
supplied is the most recent order in effect between the parties
and that the person restrained by the order has been personally
served with a copy of the order or has actual notice of the
order; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(5) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.190 has filed a copy of the foreign restraining
order with a court or has been identified by the officer as a
party protected by a foreign restraining order entered in the Law
Enforcement Data System or in the databases of the National Crime
Information Center of the United States Department of Justice;
and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(6) A peace officer shall arrest and take into custody a person
without a warrant if the peace officer has probable cause to
believe:
(a) The person has been charged with an offense and is
presently released as to that charge under ORS 135.230 to
135.290; and
(b) The person has failed to comply with a no contact condition
of the release agreement.
SECTION 16. ORS 133.381 is amended to read:
133.381. (1) When a peace officer arrests a person pursuant to
ORS 133.310 (3) or pursuant to a warrant issued under ORS 33.075
by a court or judicial officer for the arrest of a person charged
with contempt for violating an order issued under ORS 107.095
(1)(c) or (d), 107.716, 107.718, 124.015 or 124.020 { + or
section 3 or 4 of this 2012 Act + }, if the person is arrested in
a county other than that in which the warrant or order was
originally issued, the peace officer shall take the person before
a magistrate as provided in ORS 133.450. If it becomes necessary
to take the arrested person to the county in which the warrant or
order was originally issued, the costs of such transportation
shall be paid by that county.
(2) If a person arrested for the reasons described in
subsection (1) of this section is subsequently found subject to
the imposition of sanctions for contempt, the court, in addition
to any other sanction it may impose, may order the person to
repay a county all costs of transportation incurred by the county
pursuant to subsection (1) of this section.
SECTION 17. { + (1) Sections 1 to 8 of this 2012 Act and the
amendments to ORS 21.245, 36.185, 40.210, 107.835, 133.310 and
133.381 by sections 11 to 16 of this 2012 Act become operative on
July 1, 2012.
(2) The Attorney General's Sexual Assault Task Force and the
Judicial Department may take any action before the operative date
specified in subsection (1) of this section that is necessary to
enable the task force or department to exercise, on or after the
operative date specified in subsection (1) of this section, all
the duties, functions and powers conferred on the task force or
department by sections 1 to 8 of this 2012 Act and the amendments
to ORS 21.245, 36.185, 40.210, 107.835, 133.310 and 133.381 by
sections 11 to 16 of this 2012 Act. + }
SECTION 18. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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