Title 163 · ORS Chapter 163

in order to ensure the appearance of the respondent at court and shall

Citation: ORS 133.110

Section: 133.110

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 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 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. Proof of service may be made by affidavit or by declaration under penalty of perjury in the form required by ORCP 1 E. 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 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; 2015 c.121 �25]

�� Note: See 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 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 if:

�� (a) The person has been served with a court�s stalking protective order as provided in ORS