-
***BACK PAGE***
STALKING, PROCEDURE FOR ISSUANCE OF CITATION163.730 Definitions for ORS 30.866 and 163.730 to 163.750. As used 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 or electronic 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;
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person; or
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9.
(4) “Household member” means any person residing in the same residence as the victim.
(5) “Immediate family” means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild.
(6) “Law enforcement officer” means:
(a) A person employed in this state as a police officer by:
(A) A county sheriff, constable or marshal;
(B) A police department established by a university under ORS 352.383; or
(C) A municipal or state police agency; or
(b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011.
(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 §1; 1995 c.278 §27; 1995 c.353 §1; 2001 c.870 §1; 2007 c.71 §46; 2009 c.359 §2; 2011 c.644 §§24,66]
Note: The amendments to 163.730 by section 73, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user’s convenience.
163.730. As used 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 or electronic 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;
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person; or
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9.
(4) “Household member” means any person residing in the same residence as the victim.
(5) “Immediate family” means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild.
(6) “Law enforcement officer” means a person employed in this state as a police officer by:
(a) A county sheriff, constable or marshal;
(b) A police department established by a university under ORS 352.383; or
(c) A 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.
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. [1993 c.626 §2; 1995 c.353 §2]
Note: See second 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.
If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.
Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.
Possessing, receiving, shipping or transporting any firearm or firearm ammunition.
Whether or not a stalking protective order is in effect, federal law may prohibit you from:
Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person’s immediate family.
Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.
Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.
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 §3; 1995 c.353 §3; 1999 c.1052 §10]
Note: See second note under 163.730.
163.738 Effect of citation; contents; hearing; court’s order; use of statements made at hearing. (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;
(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; and
(H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262.
(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 and any attempt to make contact listed in ORS 163.730. The order is of unlimited duration unless limited by law. If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.
(3) The circuit court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.
(4) 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.
(5) 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 obtain the 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.
(6) 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.
(7) 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.
(8) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court’s stalking protective order as defined in ORS 163.750. [1993 c.626 §4; 1995 c.353 §4; 1997 c.863 §6; 1999 c.1052 §2; 2003 c.292 §2]
Note: See second note under 163.730.
163.741 Service of stalking protective order; entry of order into law enforcement data systems. (1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.
(2) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of the affidavit of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. If service of the order is not required under subsection (1) of this section, a copy of the order must be delivered to the sheriff by the court. 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 into the databases of the National Crime Information Center of the United States Department of Justice. If the order was 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 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 complainant with a true copy of any required proof of service. 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 in this state.
(3) When a stalking protective 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 subsection (1) of this section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.
(4) When a stalking protective order is terminated by order of the court, 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. [1993 c.626 §5; 1999 c.1052 §3; 2007 c.255 §11; 2009 c.364 §3; 2011 c.269 §6]
Note: See second note under 163.730.
163.744 Initiation of action seeking 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 §6; 1995 c.353 §5]
Note: See second note under 163.730.
163.747 [1993 c.626 §7; repealed by 1995 c.353 §10]
163.750 Violating a 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 a court’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 §8; 1995 c.353 §7]
Note: See second 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 §11; 1995 c.353 §9]
Note: See second note under 163.730.
163.755 Conduct for which stalking protective order may not be issued. (1) 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, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866:
(a) For conduct that is authorized or protected by the labor laws of this state or of the United States.
(b) By or on behalf of a person who is in the legal or physical custody of a law enforcement unit or is in custody under ORS chapter 419C.
(c) By or on behalf of a person not described in paragraph (b) of this subsection to or against another person who:
(A) Is a parole and probation officer or an officer, employee or agent of a law enforcement unit, a county juvenile department or the Oregon Youth Authority; and
(B) Is acting within the scope of the other person’s official duties.
(2) As used in this section, “law enforcement unit” and “parole and probation officer” have the meanings given those terms in ORS 181.610. [1995 c.353 §8; 2003 c.292 §1]
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.