in ORS 30.866 and 163.730 to 163.750, unless the context requires
otherwise:
(1) "Alarm" means to cause apprehension or fear resulting from the perception of danger.
(2) "Coerce" means to restrain, compel or dominate by force or threat.
(3) "Contact" includes but is not limited to:
(a) Coming into the visual or physical presence of the other person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household;
(d) Sending or making written communications in any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person;
(i) Communicating with business entities with the intent of affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work or school; or
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person.
(4) "Household member" means any person residing in the same residence as the victim.
(5) "Immediate family" means father, mother, child, sibling, parent, spouse, grandparent, stepparent and stepchild.
(6) "Law enforcement officer" means any person employed in this state as a police officer by a county sheriff, constable, marshal or municipal or state police agency.
(7) "Repeated" means two or more times.
(8) "School" means a public or private institution of learning or a child care facility.
<1993 c.626 s1; 1995 c.278 s27; 1995 c.353 s1>
Note: 163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.732 Stalking.
(1) A person commits the crime of stalking if:
(a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;
(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) 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.
(2)(a) Stalking is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court's stalking protective order.
(C) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
Note: See note under 163.730.
163.735 Citation; form. (1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court's stalking protective order when the officer has probable cause to believe that:
(a) 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;
(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and
(c) 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.
(2) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department:
______________________________________________________________________
OFFICER:___________________
AGENCY:___________________
PETITIONER:_________________
PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:_____________
RESPONDENT:_______________
On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon. You, the respondent, must appear at ______________ (name and location of court at which respondent is to appear) on _________ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court's stalking protective order which shall be for an unlimited duration unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court's stalking protective order. It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732, you may be arrested for the crime of stalking.
Date: _________ Time:_________
Signed: _________
(Respondent)
Signed: _________
(Law enforcement officer).
______________________________________________________________________
<1993 c.626 s3; 1995 c.353 s3>
Note: See note under 163.730.
163.738 Effect of citation; contents; hearing; court's stalking protective order. (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; and
(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.
(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. The order is of unlimited duration unless limited by law.
(3) 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.
(4) 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 obtainthe evaluation or treatment, or both, the court shall refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.
(5) 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 as provided in ORS 426.070 or 426.180.
(6) 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.
Note: See note under 163.730.
163.741 Service of order; entry of order into Law Enforcement Data System. Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is issued and the person to be restrained has actual notice thereof, the person serving the order shall deliver forthwith to the county sheriff a true copy of the order and an affidavit of proof of service on which it is stated that personal service of the order was made on the respondent. If an order entered by the court recites that the respondent appeared in person before the court, the necessity for further service of the order is waived and accompanying proof of service is not necessary. Upon receipt of proof of service, when required, and a true copy of the order, the county sheriff shall forthwith enter the order into the Law Enforcement Data System maintained by the Oregon Department of Administrative Services. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of such order. Law enforcement agencies shall establish procedures adequate to insure that an officer at the scene of an alleged violation of such order may be informed of the existence and terms of such order. Such order shall be fully enforceable in any county in the state. The complainant may elect to deliver documents personally to a county sheriff or to have them delivered by a private person for entry into the Law Enforcement Data System.
<1993 c.626 s5>
Note: See note under 163.730.
163.744 Initiation of action to obtain a citation; complaint form. (1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint.
(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material:
______________________________________________________________________
STALKING COMPLAINT
Name of petitioner (person presenting complaint): ____________________
Name of person being stalked if other than the petitioner:_______________________
Name of respondent (alleged stalker):__________________________
Description of respondent:____________________________________________________
Length of period of conduct:____________________________________________________
Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent:____________________________________________________
Description of contact:____________________________________________________
______________________________________________________________________________
Subscribed to and affirmed by:__________________________
(signature of petitioner)
__________________________
(printed name of petitioner)
Dated: ____________
______________________________________________________________________
(3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person.
(4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425.
<1993 c.626 s6; 1995 c.353 s5>
Note: See note under 163.730.
163.750 Violating court's stalking protective order. (1) A person commits the crime of violating a court's stalking protective order when:
(a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court;
(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
(c) If the conduct is prohibited contact as defined in ORS 163.730
(3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.
(2)(a) Violating a court's stalking protective order is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court's stalking protective order.
(C) When violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating acourt's stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
<1993 c.626 s8; 1995 c.353 s7>
Note: See note under 163.730.
163.753 Immunity of officer acting in good faith. A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735.
<1993 c.626 s11; 1995 c.353 s9>
Note: See note under 163.730.
163.755 Conduct protected by labor laws. Nothing in ORS 30.866 or
163.730 to 163.750 shall be construed to permit the issuance of a court's stalking protective order under ORS 30.866 or 163.738, a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866 for conduct that is authorized or protected by the labor laws of this state or of the United States.
<1995 c.353 s8>
Note: 163.755 was enacted into law by the Legislative Assembly but was not added to or made
a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
SECTION 6. 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; and
(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.
(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 Enrolled Senate Bill 301 (SB 301-A) Page 34opportunity 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.
(3) 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.
(4) The circuit court may also order the respondent to undergo mental health evaluation.