1995 LEGISLATIVE SESSION

1. HB 2011 Dramatically changes the focus and philosophy of juvenile (amended into justice in Oregon and implements Measure 11. Highlights of the SB 1: Juvenile bill include: implementing Measure 11 mandatory minimum code revision) prison sentences for violent youth offenders. SB1 creates the Oregon Youth Authority (OYA), and transfers the duties of the Office for Services to Children and Families (SOSCF) relating to delinquent youth to that authority. It establishes different levels of custody with OYA, including five regional secure facilities, youth work camps, and youth offender foster homes. Youth offenders may be transferred from one level of custody to another.

 

2. HB 2296 Gives landowners, who permit members of the public to enter land for recreational purposes, immunity from liability for personal injury, death or property damage arising out of use of that land.

 

3. HB 2298 Protects citizens from threats or harassment by mail by allowing the Mental Health and Developmental Disability Services Divisions to limit or restrict the rights of mentally ill persons to communicate by mail, for security reasons. The term "security reasons" is limited to mean the protection of the mentally ill person from serious and immediate harm and the protection of others from threats or harassment.

 

4. HB 2314 Establishes a new Pioneer Cemetery Commission to assist in restoration, renovation and maintenance of Oregon's pioneer cemeteries. The commission will set standards, establish grants and assist in maintenance throughout Oregon.

 

5. HB 2315 Simplifies adoption procedures; prohibits adoption advertising (amended by non-licensed agencies. Parts of HB 2315 added to SB 1105. Into SB 1105) Makes it unlawful to advertise that a child is offered or wanted for adoption, or to advertise that a particular person is able to place, locate, dispose of, or receive a child for adoption except for the State Office for Services to Children and Families, or a licensed Oregon adoption agent. Before a final decree of adoption is entered, the birth parents and the petitioners must be advised of the voluntary registry and given information on those services.

 

6. HB 2316 Stalking law modification. This bill strengthens and revises language of the existing law. The new law now defines stalking as contact causing the victim, a member of the victim's immediate family, or a member of the victim's household, reasonable apprehension regarding personal safety. It clarifies procedures for issuing protective orders. It authorizes law enforcement officers to issue citations which require a court appearance within three judicial days. It allows the arrest of the offender when probable cause exists.

 

7. HB2318 Recognizes state service for the purpose of State Personnel Relations Law to include certain military personnel serving in the Oregon National Guard or Oregon State Defense Force.

 

8. HB 2322 Loss of unemployment benefits for drug use on job. Disqualifies discharged employees from receiving unemployment compensation if they failed to comply with employer's reasonable policies on the use, sale, possession, or effects of controlled substances or alcohol in the workplace.

 

9. HB 2325 Creates an impartial magistrate division in Oregon Tax Court, starting September 1, 1997, in place of the present administrative appeals process through the Department of Revenue.

 

10. HB 2326 HB 2137 makes it assault in the third degree for a person to and intentionally or knowingly cause physical injury to a child 10 (Parts years of age or younger. Sections added to HB 2492 enact the amended into following: when a defendant is convicted of a crime committed HB 2137 and while incarcerated, the sentence shall be consecutive; requires HB 3345) filing fees for habeas corpus proceedings and allow attorney fee awards of $100 against frivolous petitions; requires law enforcement agency to disclose suspect's communicable disease to officers who come into contact with suspect; authorizes
detention of material witnesses who may flee; allows credit for time served only upon discretion of judge when person has been pre-trial incarcerated for violating felony probation. HB 3345 has other sections of HB 2326; these: toughen sex crime classifications; require sex offenders from other states to register in Oregon when they come here; expand sex offender registration for public indecency and misdemeanor sex crime when these would constitute child abuse.

11. This is counted as two bills because of amendments into HB 2137 and 3345. HB 2492 is listed as a separate bill.

12. HB 2345 Long-term care facility liens. Creates a new form of lien against real and personal property of residents of long-term care facilities for the amount of unpaid contracted costs of care if specific notice requirements are met.

 

13. HB 2346 Protects citizens' rights of privacy: provides that the records of a (amended library, including circulation records consisting of the name of a into SB 157) library, patron's address or telephone number, are exempt from disclosure under public record laws.

 

14. HB 2351 Streamlines court procedures on civil forfeiture cases: allows for consolidation of civil forfeiture proceedings with related criminal proceedings for trial or other resolution to avoid double jeopardy claims. Where the civil forfeiture trial must be separate, it shall immediately follow the related criminal trial and be heard by the same trier of fact. It also requires that the seizing agency consult with the District Attorney.

 

15. HB 2492 Murder by abuse. Modifies murder by abuse statutes to cover situations where death occurs as a result of neglect or mistreatment, or failure to provide adequate food, clothing, shelter or medical care, to the endangerment of the health and welfare of a child. Offenders can now be tried as a result of a single act rather than a "proven pattern of abuse." Other sections, added by Mannix, listed under description of HB 2326.

 

16. HB 2775 Imposes restrictions on frequency of reports required by (amended into counties as to transient room taxes for vacation homes. SB 252, whichwas then vetoed).

 

17. HB 2902 Creates Office of Inspector General within Department of Human Resources. Vetoed by Governor.

 

18. HB 2903 Prison inmate work: creates Advisory Committee for Prison Industries Board and implements the constitutional state prison inmate work requirements of Measure 17 (passed by voters in November 1994).

 

19. HB 2957 Allows lottery prize winners to voluntarily assign proceeds to others and requires that payment of such assignments be made pursuant to assignment under order of circuit court.

 

20. SJR 41 Obscenity and child pornography: amends Oregon Constitution to specify that obscenity, including child pornography, shall receive no greater protection under Oregon Constitution than afforded by the Constitution of the united States. (Referral to voters).

 

21. SB 369 Major, comprehensive reforms of workers' compensation laws. This bill is too extensive to detail here; Mannix has a 20-page summary available upon request. (Voters defeated the measure.)

22. SB 1120 Ballot title for SJR 41. Vetoed by Governor.

 

23. SB 5547 Section 6 (4), added by Mannix, includes $30,000 appropriation for St. Brigid's and St. Monica's Home, which provide shelter for single pregnant women and single mothers of newborns.

 

24. SB 5550 Section 8, added by Mannix to appropriation bill, prevents the lease or sale of the School for the Blind during 1995-97 biennium.

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