Bill Text: OR SB419 | 2011 | Regular Session | Introduced

Oregon Senate Bill 419 (Prior Session Legislation)

Introduced

Bill Title: Relating to the definition of abuse in the Elderly Persons and Persons With Disabilities Abuse Prevention Act.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB419 Detail]

Download: Oregon-2011-SB419-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2733

                         Senate Bill 419

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Clarifies definition of 'abuse' in Elderly Persons and Persons
With Disabilities Abuse Prevention Act with respect to conduct
involving elements of speech.

                        A BILL FOR AN ACT
Relating to the definition of abuse in the Elderly Persons and
  Persons With Disabilities Abuse Prevention Act; creating new
  provisions; and amending ORS 124.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 124.005 is amended to read:
  124.005. As used in ORS 124.005 to 124.040:
  (1) 'Abuse' means one or more of the following:
  (a) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of
the injury.
  (b) Neglect that leads to physical harm through withholding of
services necessary to maintain health and well-being.
  (c) Abandonment, including desertion or willful forsaking of an
elderly person or a person with a disability or the withdrawal or
neglect of duties and obligations owed an elderly person or a
person with a disability by a caregiver or other person.
  (d) Willful infliction of physical pain or injury.
  (e) Use of derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats, cursing,
intimidation or inappropriate sexual comments or conduct of such
a nature as to   { - threaten - }  { +  knowingly subject an
elderly person or person with a disability to alarm by conveying
a threat of + } significant physical or emotional harm to the
elderly person or person with a disability { + , which threat
reasonably would be expected to cause the elderly person or
person with a disability to believe that the threat will be
carried out + }.
  (f) Causing any sweepstakes promotion to be mailed to an
elderly person or a person with a disability who had received
sweepstakes promotional material in the United States mail, spent
more than $500 in the preceding year on any sweepstakes
promotions, or any combination of sweepstakes promotions from the
same service, regardless of the identities of the originators of
the sweepstakes promotion and who represented to the court that
the person felt the need for the court's assistance to prevent
the person from incurring further expense.
  (g) Wrongfully taking or appropriating money or property, or
knowingly subjecting an elderly person or person with a
disability to alarm by conveying a threat to wrongfully take or
appropriate money or property, which threat reasonably would be
expected to cause the elderly person or person with a disability
to believe that the threat will be carried out.
  (h) Sexual contact with a nonconsenting elderly person or
person with a disability or with an elderly person or person with
a disability considered incapable of consenting to a sexual act
as described in ORS 163.315. As used in this paragraph, 'sexual
contact' has the meaning given that term in ORS 163.305.
  (2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
  (3) 'Guardian petitioner' means a guardian or guardian ad litem
for an elderly person or a person with a disability who files a
petition under ORS 124.005 to 124.040 on behalf of the elderly
person or person with a disability.
  (4) 'Interfere' means to interpose in a way that hinders or
impedes.
  (5) 'Intimidate' means to compel or deter conduct by a threat.
  (6) 'Menace' means to act in a threatening manner.
  (7) 'Molest' means to annoy, disturb or persecute with hostile
intent or injurious effect.
  (8) 'Person with a disability' means a person described in:
  (a) ORS 410.040 (7)(b); or
  (b) ORS 410.715.
  (9) 'Petitioner' means an elderly person or a person with a
disability who files a petition under ORS 124.005 to 124.040.
  (10) 'Sweepstakes' means:
  (a) A procedure for awarding a prize that is based on chance;
  (b) A procedure in which a person is required to purchase
anything, pay anything of value or make a donation as a condition
of winning a prize or of receiving or obtaining information about
a prize; or
  (c) A procedure that is advertised in a way that creates a
reasonable impression that a payment of anything of value,
purchase of anything or making a donation is a condition of
winning a prize or receiving or obtaining information about a
prize.
  (11) 'Sweepstakes promotion' means an offer to participate in a
sweepstakes.
  SECTION 2.  { + The amendments to ORS 124.005 by section 1 of
this 2011 Act apply to proceedings brought under the Elderly
Persons and Persons With Disabilities Abuse Prevention Act
commenced on or after the effective date of this 2011 Act. + }
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