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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 389
Sponsored by Senator HAYDEN (Presession filed.)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act lets a person get a harassment protective order. (Flesch Readability Score: 61.3).
Allows a person to petition for an order restraining a respondent from harassment of the
petitioner.
A BILL FOR AN ACT
Relating to harassment protective orders; creating new provisions; and amending ORS 21.245, 36.185,
107.085, 107.720, 107.755, 133.310, 133.381, 147.015, 163.715 and 659A.270 and section 2, chapter
204, Oregon Laws 2005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. As used in sections 1 to 9 of this 2025 Act, “harassment” means the conduct
described in ORS 166.065, 166.070 or 166.090.
SECTION 2.(1) A petitioner who has been the victim of harassment within the preceding
180 days may petition the circuit court for relief under sections 1 to 9 of this 2025 Act if the
harassment causes the petitioner reasonable apprehension regarding the petitioner’s per-
sonalsafety.
(2) The petition must:
(a) Allege that the petitioner has been the victim of harassment by the respondent within
the 180 days preceding the filing of the petition;
(b) Allege that the petitioner has reasonable apprehension regarding the petitioner’s
personal safety; and
(c) Particularly describe the nature and dates of the harassment that occurred not more
than 180 days before the filing of the petition.
(3) The allegations in the petition must be made under oath or affirmation or in a dec-
laration under penalty of perjury in the form required by ORCP 1 E.
(4) The circuit court has jurisdiction over all proceedings under sections 1 to 9 of this
2025Act.
(5) The petitioner has the burden of proving a claim under sections 1 to 9 of this 2025
Act by a preponderance of the evidence.
SECTION 3. (1) When a person files a petition under section 2 of this 2025 Act, the circuit
court shall hold an ex parte hearing in person or by telephone on the day the petition is filed
or on the following judicial day. Upon a showing that the petitioner has been the victim of
harassment committed by the respondent within 180 days preceding the filing of the petition
and that the petitioner has reasonable apprehension regarding the personal safety of the
petitioner, the court shall, if requested by the petitioner, order:
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(a) That the respondent be restrained from harassment or attempted harassment of the
petitioner;
(b) That the respondent be restrained from entering, or attempting to enter, on any
premises and a reasonable area surrounding the premises when it appears to the court that
such restraint is necessary to prevent the respondent from harassment of the petitioner;
(c) Except as provided in subsection (2) of this section, other relief that the court con-
siders necessary to provide for the safety and welfare of the petitioner; or
(d) That the respondent have no contact with the petitioner in person, by telephone, by
mail or by electronic means.
(2) The court may not order relief under this section or section 4 of this 2025 Act that
affects the respondent’s ability to possess firearms and ammunition or engage in activities
involving firearms.
(3) The court’s order under subsection (1) of this section is effective for a period of two
years or until the order is withdrawn or amended.
(4) If the respondent is restrained from entering, or attempting to enter, an area sur-
rounding the petitioner’s residence or any other premises, the order restraining the re-
spondent shall specifically describe the area.
(5) The State Court Administrator shall prescribe the content and form of the petition,
order and related forms for use under sections 1 to 9 of this 2025 Act. The clerk of the court
shall make available the forms and an instructional brochure explaining the rights set forth
under sections 1 to 9 of this 2025 Act.
(6) If the court orders relief:
(a) The clerk of the court shall provide without charge the number of certified true
copies of the petition and order necessary to provide the petitioner with one copy and to ef-
fect service and shall have a true copy of the petition and order delivered to the county
sheriff for service upon the respondent, unless the court finds that further service is un-
necessary because the respondent appeared in person before the court. In addition and upon
request by the petitioner, the clerk shall provide the petitioner, without charge, two exem-
plified copies of the petition and order.
(b) The county sheriff shall serve the respondent personally unless the petitioner elects
to have the respondent served personally by a private party. Proof of service shall be made
in accordance with ORS 107.720. When the order does not contain the respondent’s date of
birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall
verify the respondent’s date of birth with the respondent and shall record that date on the
order or proof of service entered into the Law Enforcement Data System under ORS 107.720.
(c) A filing fee, service fee or hearing fee may not be charged for proceedings seeking
only the relief provided under sections 1 to 9 of this 2025 Act.
(7) If the county sheriff:
(a) Determines that the order and petition are incomplete, the sheriff shall return the
order and petition to the clerk of the court. The clerk of the court shall notify the petitioner,
at the address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete service within 10 days, the
sheriff shall notify the petitioner, at the address provided by the petitioner, that the docu-
ments have not been served. If the petitioner does not respond within 10 days, the sheriff
shall hold the order and petition for future service and file a return to the clerk of the court
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showing that service was not completed.
(8)(a) Within 30 days after a restraining order is served under this section, the respond-
ent may request a court hearing upon any relief granted. The hearing request form shall be
available from the clerk of the court in the form prescribed by the State Court Administra-
tor.
(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk
of the court shall notify the petitioner of the date and time of the hearing, and shall supply
the petitioner with a copy of the respondent’s request for a hearing. The petitioner shall give
to the clerk of the court information sufficient to allow such notification.
(c) The hearing may not be limited to the issues raised in the respondent’s request for
hearing form. If the respondent seeks to raise an issue at the hearing not previously raised
in the request for hearing form, or if the petitioner seeks relief at the hearing not granted
in the original order, the other party shall be entitled to a reasonable continuance for the
purpose of preparing a response to the issue.
(9) If the respondent fails to request a hearing within 30 days after a restraining order
is served, the restraining order is confirmed by operation of law.
(10) Service of process or other legal documents upon the petitioner is not a violation of
this section if the petitioner is served as provided in ORCP 7 or 9.
SECTION 4. (1) If the respondent in a proceeding under sections 1 to 9 of this 2025 Act
requests a hearing pursuant to section 3 (8) of this 2025 Act, the court shall hold the hearing
within 21 days after the request.
(2) In a hearing held pursuant to subsection (1) of this section:
(a) The court may continue any order issued under section 3 of this 2025 Act if the court
finds that:
(A) Harassment has occurred within the period specified in section 2 (1) of this 2025 Act;
and
(B) The petitioner has reasonable apprehension regarding the personal safety of the
petitioner.
(b) The court may cancel or change any order issued under section 3 of this 2025 Act and
may assess against either party reasonable attorney fees and such costs as may be incurred
in the proceeding.
(3) The court may approve any consent agreement to bring about a cessation of
harassment of the parties. However, the court may not approve a term in a consent agree-
ment that provides for restraint of a party to the agreement unless the other party peti-
tioned for and was granted an order under sections 1 to 9 of this 2025 Act. An order or
consent agreement made under this section may be amended at any time and shall continue
in effect for a period of two years from the date of the order issued under section 3 of this
2025 Act.
(4) An undertaking may not be required in any proceeding under sections 1 to 9 of this
2025Act.
(5) Any proceeding under sections 1 to 9 of this 2025 Act shall be in addition to any other
available civil or criminal remedies.
SECTION 5. (1) A party may file a motion under ORS 45.400 requesting that the court
allow the appearance of the party or a witness by telephone or by other two-way electronic
communication device in a proceeding under sections 1 to 9 of this 2025 Act.
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(2) In exercising its discretion to allow written notice less than 30 days before the pro-
ceeding as required under ORS 45.400 (2), the court shall consider the expedited nature of a
proceeding under sections 1 to 9 of this 2025 Act.
(3) In addition to the factors listed in ORS 45.400 (3)(b) that would support a finding of
good cause, the court shall consider whether the safety or welfare of the party or witness
would be threatened if testimony were required to be provided in person at a proceeding
under sections 1 to 9 of this 2025 Act.
(4) A motion or good cause determination under this section or ORS 45.400 is not re-
quired for ex parte hearings held by telephone under section 3 of this 2025 Act.
SECTION 6. (1) A sheriff may serve a restraining order issued under sections 1 to 9 of
this 2025 Act in the county in which the sheriff was elected and in any county that is adja-
cent to the county in which the sheriff was elected.
(2) A sheriff may serve and enter into the Law Enforcement Data System a copy of a
restraining order under sections 1 to 9 of this 2025 Act that was transmitted to the sheriff
by a court or law enforcement agency using an electronic communication device. Before
transmitting a copy of a restraining order to a sheriff under this subsection by telephonic
facsimile or electronic mail, the person sending the copy must receive confirmation from the
sheriff’s office that an electronic communication device is available and operating. For pur-
poses of this subsection, “electronic communication device” means a device by which any
kind of electronic communication can be made, including but not limited to communication
by telephonic facsimile and electronic mail.
SECTION 7.(1) The court may renew for a period of two years an order entered under
section 3 or 4 of this 2025 Act or renewed under this section upon a finding that a person in
the petitioner’s situation would reasonably fear further acts of harassment by the respond-
ent if the order is not renewed.
(2) A finding that there has been a further act of harassment is not required to renew
an order under subsection (1) of this section.
(3) A court may renew an order on the basis of an ex parte petition alleging facts sup-
porting the required finding. The petition must include allegations made under oath or af-
firmation or in a declaration under penalty of perjury in the form required by ORCP 1 E. If
the renewal order is granted, the provisions of section 3 (6) to (8) of this 2025 Act apply ex-
cept that the court may not hear any issue other than the basis for renewal unless requested
in the hearing request form and thereafter agreed to by the petitioner. The court shall hold
a hearing required under this section within 21 days after the respondent’s request.
SECTION 8.(1) A petition under section 2 of this 2025 Act may be filed in a county in
which:
(a) The petitioner resides;
(b) The respondent resides; or
(c) The harassment occurred.
(2) Any contempt proceedings for violation of a restraining order issued under sections
1 to 9 of this 2025 Act must be conducted by the court that issued the order, or by the circuit
court for a county in which a violation of the restraining order occurs. If contempt pro-
ceedings are initiated in the circuit court for a county in which a violation of the restraining
order occurs, the person initiating the contempt proceedings shall file with the court a copy
of the restraining order, certified by the clerk of the court that issued the order. Upon filing
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of the certified copy of the restraining order, the court shall enforce the order as though
that court had issued the order.
SECTION 9. (1) At any time after an order has been issued under sections 1 to 9 of this
2025 Act and after the time period set forth in section 3 (8)(a) of this 2025 Act, a party may
request that the court modify, remove or make less restrictive terms in the order that were
entered under section 3 (1)(b) of this 2025 Act for good cause shown. Application to the court
under this subsection may be by ex parte motion.
(2) The clerk of the court shall provide without charge the number of certified true
copies of the request for modification of the order and notice of hearing necessary to effect
service and, at the election of the party requesting the modification, shall have a true copy
of the request and notice delivered to the county sheriff for service upon the other party.
(3) The county sheriff shall personally serve the other party with a request under sub-
section (1) of this section, unless the party requesting the modification under subsection (1)
of this section elects to have the other party personally served by a private party or unless
otherwise ordered by the court.
(4) The provisions of section 4 (3) of this 2025 Act apply to a modification of an order
under this section.
(5) The clerk of the court shall deliver a copy of an order of modification entered under
subsection (1) of this section to the county sheriff for service and entry into the Law
Enforcement Data System as provided in section 6 of this 2025 Act.
(6)(a) The county sheriff shall serve a copy of an order of modification entered under
subsection (1) of this section by mailing a copy of the order to the nonrequesting party by
first class mail.
(b) If the order of modification recites that the respondent appeared in person before the
court, the necessity for service of the order and proof of service is waived.
(7) The court may assess against either party reasonable attorney fees and costs that
may be incurred in the proceeding.
SECTION 10. ORS 21.245 is amended to read:
21.245. (1) The State Court Administrator may prescribe and charge a reasonable price, covering
the costs of labor and material, for any forms provided by the courts of this state. The sums so
collected shall be paid over to the State Treasurer and credited to the Court Forms Revolving Fund.
(2) Notwithstanding subsection (1) of this section, no charge shall be made for forms made
available under the provisions of ORS 107.700 to 107.735 or 124.005 to 124.040 or ORS 163.760 to
163.777 or sections 1 to 9 of this 2025 Act.
SECTION 11. ORS 36.185 is amended to read:
36.185. After the appearance by all parties in any civil action, except proceedings under ORS
107.700 to 107.735, 124.005 to 124.040 or 163.760 to 163.777 or sections 1 to 9 of this 2025 Act, a
judge of any circuit court may refer a civil dispute to mediation under the terms and conditions set
forth in ORS 36.185 to 36.210. When a party to a case files a written objection to mediation with the
court, the action shall be removed from mediation and proceed in a normal fashion. All civil
disputants shall be provided with written information describing the mediation process, as provided
or approved by the State Court Administrator, along with information on established court medi-
ation opportunities. Filing parties shall be provided with this information at the time of filing a civil
action. Responding parties shall be provided with this information by the filing party along with the
initial service of filing documents upon the responding party.
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SECTION 12. ORS 107.085 is amended to read:
107.085. (1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE
MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The
moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing
in this section shall preclude both parties from acting as “Copetitioners.”
(2) The petitioner shall state the following in the petition:
(a) The names and dates of birth of all of the children born or adopted during the marriage, and
a reference to and expected date of birth of any children conceived during the marriage but not yet
born;
(b) The names and dates of birth of all children born to the parties prior to the marriage;
(c) To the extent known:
(A) Whether there is pending in this state or any other jurisdiction a domestic relations suit,
as defined in ORS 107.510;
(B) Whether there is pending in this state or any other jurisdiction any type of support pro-
ceeding involving dependents of the same marriage, including one brought under this section or ORS
25.501 to 25.556, 108.110, 109.100, 125.025 or 419B.400 or ORS chapter 110;
(C) Whether there exists in this state or any other jurisdiction a support order, as defined in
ORS 110.503, involving dependents of the same marriage; and
(D) Whether there exists in this state or any other jurisdiction a protective order between the
parties as authorized by ORS 30.866, 107.700 to 107.735, 124.005 to 124.040, 163.730 to 163.750 or
163.760 to 163.777 or sections 1 to 9 of this 2025 Act, or any other order that restrains one of the
parties from contact with the other party or with the parties’ minor children; and
(d) That the petitioner acknowledges that by filing the petition the petitioner is bound by the
terms of the restraining order issued under ORS 107.093.
(3) The petitioner shall include with the petition a certificate regarding any pending support
proceeding and any existing support order. The petitioner shall use a certificate that is in a form
established by court rule and include information required by court rule and subsection (2)(c)(B) and
(C) of this section.
(4) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the
moving party or the party attending the hearing shall file with the court a written statement setting
forth the full names and any former names of the parties, the residence, mailing or contact addresses
of the parties, the ages of both parties, the date and place of the marriage of the parties, and the
names and ages of the children born to or adopted by the parties. This information shall be incor-
porated in and made a part of the judgment.
(5) If real property is involved, the petitioner may have a notice of pendency of the action re-
corded at the time the petition is filed, as provided in ORS 93.740.
(6) The Social Security numbers of the parties and of the children born or adopted during the
marriage and children born to the parties prior to the marriage shall be provided as established in
ORS 107.840.
SECTION 13. ORS 107.720 is amended to read:
107.720. (1)(a) Whenever a restraining order, as authorized by ORS 107.095 (1)(c) or (d), 107.716
or 107.718 or section 3 or 4 of this 2025 Act, that includes a security amount and an expiration
date pursuant to ORS 107.095, 107.716 or 107.718 or section 3 or 4 of this 2025 Act and this sec-
tion, is issued and the person to be restrained has actual notice of the order, the clerk of the court
or any other person serving the petition and order shall immediately deliver to a county sheriff a
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true copy of proof of service, on which it is stated that personal service of the petition and order
was served on the respondent, and copies of the petition and order. Proof of service may be made
by affidavit or by declaration under penalty of perjury. If an order entered by the court recites that
the respondent appeared in person before the court, the necessity for service of the order and proof
of service is waived. 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 petition and order were 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 proof of
service. The sheriff shall provide the petitioner 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 or tribal land in this state.
(b) When a restraining 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 paragraph (a) of this subsection, a county sheriff shall cooperate with a request from a law
enforcement agency from any other jurisdiction to verify the existence of the restraining order or
to transmit a copy of the order to the requesting jurisdiction.
(2)(a) A restraining order shall remain in effect until the order expires or is terminated by court
order.
(b) When a restraining order has been entered under ORS 107.718, the restraining order shall
not be terminated upon a motion for dismissal by the petitioner unless the motion is notarized.
(3) In any situation where a restraining order described in subsection (1) of this section is ter-
minated before the expiration date, 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.
(4) Pending a contempt hearing for alleged violation of a restraining order issued under ORS
107.095 (1)(c) or (d), 107.716 or 107.718 or section 3 or 4 of this 2025 Act, a person arrested and
taken into custody pursuant to ORS 133.310 may be released as provided in ORS 135.230 to 135.290.
Whenever a restraining order is issued under ORS 107.095 (1)(c) or (d), 107.716 or 107.718 or section
3 or 4 of this 2025 Act, the issuing court shall set a security amount for the violation of the order.
SECTION 14. ORS 107.755 is amended to read:
107.755. (1) Each judicial district shall:
(a) Provide a mediation orientation session for all parties in cases in which child custody, par-
enting time or visitation is in dispute, and in any other domestic relations case in which mediation
has been ordered. The orientation session may be structured in any way the circuit court determines
best meets the needs of the parties. The orientation session should be designed to make the parties
aware of:
(A) What mediation is;
(B) Mediation options available to them; and
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(C) The advantages and disadvantages of each method of dispute resolution.
(b) Except in matters tried under ORS 107.097 and 107.138 or upon a finding of good cause, re-
quire parties in all cases described in paragraph (a) of this subsection to attend a mediation orien-
tation session prior to any judicial determination of the issues.
(c) Provide mediation under ORS 107.755 to 107.795 in any case in which child custody, parent-
ing time and visitation are in dispute.
(d) Have developed a plan that addresses domestic violence issues and other power imbalance
issues in the context of mediation orientation sessions and mediation of any issue in accordance
with the following guidelines:
(A) All mediation programs and mediators must recognize that mediation is not an appropriate
process for all cases and that agreement is not necessarily the appropriate outcome of all mediation;
(B) Neither the existence of nor the provisions of a restraining order issued under ORS 107.718
may be mediated;
(C) All mediation programs and mediators must develop and implement:
(i) A screening and ongoing evaluation process of domestic violence issues for all mediation
cases;
(ii) A provision for opting out of mediation that allows a party to decline mediation after the
party has been informed of the advantages and disadvantages of mediation or at any time during the
mediation;and
(iii) A set of safety procedures intended to minimize the likelihood of intimidation or violence
in the orientation session, during mediation or on the way in or out of the building in which the
orientation or mediation occurs;
(D) When a mediator explains the process to the parties, the mediator shall include in the ex-
planation the disadvantages of mediation and the alternatives to mediation;
(E) All mediators shall obtain continuing education regarding domestic violence and related is-
sues; and
(F) Mediation programs shall collect appropriate data.Mediation programs shall be sensitive
to domestic violence issues when determining what data to collect.
(e) In developing the plan required by paragraph (d) of this subsection, consult with one or more
of the following:
(A) A statewide or local multidisciplinary domestic violence coordinating council.
(B) A nonprofit private organization funded under ORS 409.292.
(2) Notwithstanding any other provision of law, mediation under ORS 107.755 to 107.795, in-
cluding the mediation orientation session described in subsection (1)(a) of this section, may not be
encouraged or provided in proceedings under ORS 30.866, 107.700 to 107.735, 124.005 to 124.040 or
163.738 or sections 1 to 9 of this 2025 Act.
(3) The court, as provided in ORS 3.220, may make rules consistent with ORS 107.755 to 107.795
to govern the operation and procedure of mediation provided under this section.
(4) If a court provides mediation of financial issues, it shall develop a list of mediators who meet
the minimum education and experience qualifications established by rules adopted under ORS 1.002.
The rules must require demonstrated proficiency in mediation of financial issues. Once the list is
developed, the judicial district shall maintain the list. Mediation of financial issues is subject to the
plan developed under subsection (1)(d) of this section and to the limitations imposed by subsection
(2) of this section.
(5) A circuit court may provide mediation in connection with its exercise of conciliation juris-
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diction under ORS 107.510 to 107.610, but a circuit court need not provide conciliation services in
order to provide mediation under ORS 107.755 to 107.795.
SECTION 15. ORS 133.310 is amended to read:
133.310. (1) A peace officer may arrest a person without a warrant if the officer has probable
cause to believe that the person has committed any of the following:
(a) A felony.
(b) A misdemeanor.
(c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater
than the maximum penalty allowed for a Class C misdemeanor.
(d) Any other crime committed in the officer’s presence.
(2) A peace officer may arrest a person without a warrant when the peace officer is notified by
telegraph, telephone, radio or other mode of communication by another peace officer of any state
that there exists a duly issued warrant for the arrest of a person within the other peace officer’s
jurisdiction.
(3) A peace officer shall arrest and take into custody a person without a warrant when the
peace officer has probable cause to believe that:
(a) There exists an order issued pursuant to ORS 30.866, 107.095 (1)(c) or (d), 107.716, 107.718,
124.015, 124.020, 133.035, 163.738, 163.765, 163.767 or 419B.845 or section 3 or 4 of this 2025 Act
restraining the person;
(b) A true copy of the order and proof of service on the person has been filed as required in
ORS 107.720, 124.030, 133.035, 163.741, 163.773 or 419B.845; and
(c) The person to be arrested has violated the terms of that order.
(4) A peace officer shall arrest and take into custody a person without a warrant if:
(a) The person protected by a foreign restraining order as defined by ORS 24.190 presents a
physical or electronic copy of the foreign restraining order to the officer and represents to the of-
ficer that the order supplied is the most recent order in effect between the parties and that the
person restrained by the order has been personally served with a copy of the order or has actual
notice of the order; and
(b) The peace officer has probable cause to believe that the person to be arrested has violated
the terms of the foreign restraining order.
(5) A peace officer shall arrest and take into custody a person without a warrant if:
(a) A foreign restraining order as defined by ORS 24.190 has been filed with a court or has been
entered into the Law Enforcement Data System or in the databases of the National Crime Informa-
tion Center of the United States Department of Justice; and
(b) The peace officer has probable cause to believe that the person to be arrested has violated
the terms of the foreign restraining order.
(6) A peace officer shall arrest and take into custody a person without a warrant if the peace
officer has probable cause to believe:
(a) The person has been charged with an offense and is presently released as to that charge
under ORS 135.230 to 135.290; and
(b) The person has failed to comply with a no contact condition of the release agreement.
SECTION 16. ORS 133.381 is amended to read:
133.381. (1) When a peace officer arrests a person pursuant to ORS 133.310 (3) or pursuant to
a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged
with contempt for violating an order issued under ORS 107.095 (1)(c) or (d), 107.716, 107.718, 124.015,
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124.020, 163.765 or 163.767 or section 3 or 4 of this 2025 Act, if the person is arrested in a county
other than that in which the warrant or order was originally issued, the peace officer shall take the
person before a magistrate as provided in ORS 133.450. If it becomes necessary to take the arrested
person to the county in which the warrant or order was originally issued, the costs of such trans-
portation shall be paid by that county.
(2) If a person arrested for the reasons described in subsection (1) of this section is subsequently
found subject to the imposition of sanctions for contempt, the court, in addition to any other sanc-
tion it may impose, may order the person to repay a county all costs of transportation incurred by
the county pursuant to subsection (1) of this section.
SECTION 17. ORS 147.015 is amended to read:
147.015. (1) A person is eligible for an award of compensation under ORS 147.005 to 147.367 if:
(a) The person is a victim, or is a survivor or dependent of a deceased victim, of a compensable
crime that has resulted in or may result in a compensable loss;
(b) The appropriate law enforcement officials were notified of the perpetration of the crime
allegedly causing the death or injury to the victim, unless the Department of Justice finds that,
notwithstanding the failure of notification, the applicant acted reasonably under the circumstances;
(c) The application for compensation is not the result of collusion between the applicant and the
assailant of the victim;
(d) The department determines that the victim acted reasonably with respect to the incident
causing the death or injury to the victim, taking into account the specific situation of the victim
and what a reasonable action would be for a person in the victim’s circumstances; and
(e) The application for an award of compensation under ORS 147.005 to 147.367 is filed with the
department:
(A) Within one year of the date of the injury to the victim; or
(B) Within such further extension of time as the department, for good cause shown, allows.
(2) The requirement under subsection (1)(b) of this section to notify the appropriate law
enforcement officials of the perpetration of the crime is satisfied if:
(a) As a result of the compensable crime for which the victim or applicant is applying for com-
pensation, the victim or applicant obtained:
(A) A temporary or permanent stalking protective order under ORS 30.866 or 163.730 to 163.750;
(B) A sexual abuse restraining order under ORS 163.760 to 163.777;
(C) An abuse prevention order under ORS 107.700 to 107.735 or 124.005 to 124.040;
(D) A harassment protective order under sections 1 to 9 of this 2025 Act;
[(D)] (E) Any other abuse prevention order or no contact order issued by a state, local, tribal
or federal court; or
[(E)] (F) A medical assessment, as defined in ORS 147.395, for sexual assault, or any other
forensic exam or medical assessment;
(b) A health provider, tribal health provider, student health provider or community mental
health provider certifies that the victim reported the crime to the provider; or
(c) The victim provides to the department documentation that qualifies as law enforcement no-
tification under the rules of the department.
(3) The department shall adopt rules establishing:
(a) A limited counseling award for victims who apply for an award of compensation but who do
not otherwise qualify under the eligibility requirements of this section.
(b) The types of documentation that qualify as notification to the appropriate law enforcement
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officials of the perpetration of the crime as described in subsection (2)(c) of this section.
SECTION 18. ORS 163.715 is amended to read:
163.715. (1) A person commits the crime of unlawful use of a global positioning system device
if the person knowingly affixes a global positioning system device to a motor vehicle without con-
sent of the owner of the motor vehicle.
(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning
system device is a Class A misdemeanor.
(b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the
offense, the person:
(A) Has been previously convicted of stalking under ORS 163.732, violating a court’s stalking
order under ORS 163.750 or committing an equivalent crime in another jurisdiction; or
(B) Is the subject of a citation issued under ORS 163.735, an order issued under ORS 30.866,
107.700 to 107.735 or 163.738 or sections 1 to 9 of this 2025 Act or another court order prohibiting
the person from contacting another person.
(3) This section does not apply to:
(a) A police officer who affixes a global positioning system device to a motor vehicle pursuant
to a warrant or court order; or
(b) A person who affixes a global positioning system device to a motor vehicle operated by a
motorcarrier.
(4) As used in this section:
(a) “Global positioning system device” means an electronic device that permits the tracking of
a person or object by means of global positioning system coordinates.
(b) “Motor carrier” has the meaning given that term in ORS 825.005.
(c) “Police officer” has the meaning given that term in ORS 133.525.
SECTION 19. ORS 659A.270 is amended to read:
659A.270. As used in ORS 659A.270 to 659A.285:
(1) “Covered employer” means an employer who employs six or more individuals in the State
of Oregon for each working day during each of 20 or more calendar workweeks in the year in which
an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or
stalking, or in the year immediately preceding the year in which an eligible employee takes leave
to address domestic violence, harassment, sexual assault, bias or stalking.
(2) “Eligible employee” means an employee who is a victim of domestic violence, harassment,
sexual assault, bias or stalking or is the parent or guardian of a minor child or dependent who is
a victim of domestic violence, harassment, sexual assault, bias or stalking.
(3) “Protective order” means an order authorized by ORS 30.866, 107.095 (1)(c), 107.700 to
107.735, 124.005 to 124.040, 163.730 to 163.750 or 163.760 to 163.777 or sections 1 to 9 of this 2025
Act or any other order that restrains an individual from contact with an eligible employee or the
employee’s minor child or dependent.
(4) “Victim of bias” means:
(a) An individual who has been a victim of a bias crime as defined in ORS 147.380; or
(b) Any other individual designated as a victim of bias by rule adopted under ORS 659A.805.
(5) “Victim of domestic violence” means:
(a) An individual who has been a victim of abuse, as defined in ORS 107.705; or
(b) Any other individual designated as a victim of domestic violence by rule adopted under ORS
659A.805.
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(6) “Victim of harassment” means:
(a) An individual against whom harassment has been committed as described in ORS 166.065.
(b) Any other individual designated as a victim of harassment by rule adopted under ORS
659A.805.
(7) “Victim of sexual assault” means:
(a) An individual against whom a sexual offense has been committed as described in ORS 163.305
to 163.467, 163.472 or 163.525; or
(b) Any other individual designated as a victim of sexual assault by rule adopted under ORS
659A.805.
(8) “Victim of stalking” means:
(a) An individual against whom stalking has been committed as described in ORS 163.732;
(b) An individual designated as a victim of stalking by rule adopted under ORS 659A.805; or
(c) An individual who has obtained a court’s stalking protective order or a temporary court’s
stalking protective order under ORS 30.866.
(9) “Victim services provider” means a prosecutor-based victim assistance program or a
nonprofit program offering safety planning, counseling, support or advocacy related to domestic vi-
olence, harassment, sexual assault, bias or stalking.
SECTION 20. Section 2, chapter 204, Oregon Laws 2005, as amended by section 359, chapter
70, Oregon Laws 2007, is amended to read:
Sec. 2. (1) In carrying out the provisions of section 2, chapter 290, Oregon Laws 1987, the Public
Utility Commission shall adopt rules to prohibit the termination of local exchange residential service
if the termination would significantly endanger a customer, or a person in the household of the
customer, who is:
(a) At risk of domestic violence, as defined in ORS 135.230;
(b) At risk of unwanted sexual contact, as defined in ORS 163.305;
(c) A person with a disability, as defined in ORS 124.005, who is at risk of abuse, as defined in
ORS 124.005 (1)(a), (d) or (e);
(d) An elderly person, as defined in ORS 124.005, who is at risk of abuse, as defined in ORS
124.005 (1)(a), (d) or (e); or
(e) A victim of stalking, as described in ORS 163.732.
(2) A customer may establish that termination of local exchange residential service would sig-
nificantly endanger the customer, or a person in the household of the customer, by providing a
telecommunications public utility with an affidavit signed by the customer stating that termination
would place the customer, or a person in the household of the customer, at significant risk of do-
mestic violence, as defined in ORS 135.230, or of unwanted sexual contact, as defined in ORS
163.305. The customer must attach to the affidavit a copy of an order issued under ORS 30.866,
107.700 to 107.735, 124.005 to 124.040 or 163.738 or sections 1 to 9 of this 2025 Act that restrains
another person from contact with the customer, or a person in the household of the customer, or a
copy of any other court order that restrains another person from contact with the customer, or a
person in the household of the customer, by reason of a risk described in subsection (1) of this sec-
tion or by reason of stalking.
(3) The commission shall require that each telecommunications public utility establish proce-
dures for submitting and receiving affidavits under subsection (2) of this section.
(4) This section does not apply to termination of any telecommunication service other than local
exchange residential service.
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(5) A customer submitting an affidavit as provided by subsection (2) of this section is not ex-
cused from paying for telecommunication service. Customers are required to enter into a reasonable
payment agreement with the telecommunications public utility if an overdue balance exists. Local
exchange residential service may be terminated if a customer refuses to enter into or fails to abide
by the terms of a reasonable payment agreement.
(6) Nothing in this section prevents the termination of local exchange residential service if the
telecommunications public utility providing the service does not have the technical ability to ter-
minate toll telecommunication service without also terminating local exchange residential service.
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