Oregon 2023 Regular Session

Oregon Senate Bill SB528

Introduced
1/9/23  
Refer
1/13/23  
Report Pass
4/19/23  
Report Pass
4/19/23  
Refer
4/19/23  

Caption

Relating to protective proceedings; declaring an emergency.

Impact

If enacted, SB528 would significantly impact existing state laws by creating clearer guidelines and procedures for initiating and managing protective proceedings. This includes establishing more defined roles for guardians and ensuring that the rights and needs of those protected are prioritized. The emergency declaration aspect may also allow for quicker implementations of protective measures in urgent situations, offering immediate assistance to those at risk of harm or neglect. Critics argue that while swift action is essential, it may also risk the thoroughness and due process that recipients of these measures deserve.

Summary

SB528 addresses matters related to protective proceedings and includes a declaration of emergency. The bill seeks to streamline the legal framework surrounding protective measures that can be put in place for individuals who are unable to manage their affairs due to various reasons, such as age or incapacitation. Its intent is to enhance the legal protections available to vulnerable individuals while expediting processes that may currently be bogged down by bureaucratic complexities. This positions the state as a more proactive entity in safeguarding the welfare of its residents who require assistance.

Sentiment

The general sentiment surrounding SB528 appears to be cautiously optimistic among supporters who advocate for more robust protection of vulnerable populations. Advocates highlight the importance of ensuring that individuals who cannot care for themselves receive adequate support and protection, which SB528 aims to facilitate. However, there are also concerns expressed by opponents regarding the rapidity of procedures and whether essential checks and balances will be maintained, potentially leading to the mishandling of cases if the deliberative process is curtailed.

Contention

Notable points of contention surrounding SB528 include the balance between expediency and thoroughness in protective proceedings. Critics have raised alarms over the potential for abuse of the emergency declarations, suggesting that this could lead to a rush to judgment without proper assessment of individual circumstances. Additionally, there are discussions about whether the bill adequately addresses the rights of individuals who may be subjected to protective proceedings, advocating for rigorous limiting conditions to prevent misuse of the protective framework.

Companion Bills

No companion bills found.

Previously Filed As

OR SB380

Relating to protective proceedings; prescribing an effective date.

OR SB1560

Relating to early medical release from custody; declaring an emergency.

OR HB4001

Relating to specialty courts; declaring an emergency.

OR SB321

Relating to crime; and declaring an emergency.

OR HB4008

Relating to public safety; and declaring an emergency.

OR SB1538

Relating to election law; declaring an emergency.

OR SB337

Relating to public defense; and declaring an emergency.

OR SB1595

Relating to protections from debt collection; declaring an emergency.

OR SB892

Relating to housing; and declaring an emergency.

OR SB300

Relating to private security services; and declaring an emergency.

Similar Bills

CA AB2148

Professional fiduciaries.

CA AB1194

Conservatorship.

CA AB2616

Conservatorship and guardianship.

AK SB190

Uniform Act: Guardianship/conservatorship

AZ SB1291

Conservatorship; guardianship; policies; procedures

AK SB250

Uniform Act: Guardianship/conservatorship