(Enhanced penalty for use of firearm during commission of felony) or

161.610 (Enhanced penalty for use of firearm during commission of felony) or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.

����� (7) Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney), a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

����� (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

����� (9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

����� (10) Initial appeals of petitions shall be heard de novo.

����� (11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

����� (12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [2023 c.1 �5]

����� Note: See first note under 166.412.

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fourth note under 166.355.

����� 166.510 [Amended by 1957 c.290 �1; 1973 c.746 �1; 1983 c.546 �2; repealed by 1985 c.709 �4]

����� 166.512 Severability. If any provision of chapter 1, Oregon Laws 2023, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of chapter 1, Oregon Laws 2023, which can be given effect without the invalid provision or application, and to this end the provisions of chapter 1, Oregon Laws 2023, are severable. The people hereby declare that they would have adopted chapter 1, Oregon Laws 2023, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses. [2023 c.1 �12]

����� Note: See second note under 166.355.

����� Note: See third note under 166.355.

����� Note: See fifth note under 166.355.

����� 166.515 [1973 c.746 �2; repealed by 1985 c.709 �4]

����� 166.520 [Amended by 1973 c.746 �3; repealed by 1985 c.709 �4]

EXTREME RISK PROTECTION ORDERS

����� 166.525 Definitions. As used in ORS 166.525 to 166.543:

����� (1) �Deadly weapon� means:

����� (a) Any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury; or

����� (b) A firearm, whether loaded or unloaded.

����� (2) �Family or household member� means a spouse, intimate partner, mother, father, child or sibling of the respondent, or any person living within the same household as the respondent.

����� (3) �Gun dealer� has the meaning given that term in ORS 166.412.

����� (4) �Law enforcement agency� means an agency or department of the State of Oregon or of a political subdivision of the State of Oregon whose principal function is the apprehension of criminal offenders.

����� (5) �Law enforcement officer� means a member of the Oregon State Police, a sheriff, a municipal police officer or an authorized tribal police officer as defined in ORS 181A.940.

����� (6) �Petitioner� means a person who petitions for an order under ORS 166.525 to 166.543.

����� (7) �Respondent� means a person against whom an order is filed under ORS 166.525 to 166.543. [2017 c.737 �1]

����� 166.527 Petition for ex parte order; issuance and service of order; request for hearing. (1) A law enforcement officer or a family or household member of a person may file a petition requesting that the court issue an extreme risk protection order enjoining the person from having in the person�s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.

����� (2) An extreme risk protection order petition shall be heard by the court and issued or denied on the same day the petition is submitted to the court or on the judicial business day immediately following the day the petition is filed.

����� (3) The petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath, or an oral statement taken under oath by the petitioner or any other witness the petitioner may produce.

����� (4) In determining whether to issue an extreme risk protection order, the court shall consider the following:

����� (a) A history of suicide threats or attempts or acts of violence by the respondent directed against another person;

����� (b) A history of use, attempted use or threatened use of physical force by the respondent against another person;

����� (c) A previous conviction for:

����� (A) A misdemeanor involving violence as defined in ORS 166.470;

����� (B) A stalking offense under ORS 163.732 or 163.750, or a similar offense in another jurisdiction;

����� (C) An offense constituting domestic violence as defined in ORS 135.230;

����� (D) Driving under the influence of intoxicants under ORS 813.010 or 813.011; or

����� (E) An offense involving cruelty or abuse of animals;

����� (d) Evidence of recent unlawful use of controlled substances;

����� (e) Previous unlawful and reckless use, display or brandishing of a deadly weapon by the respondent;

����� (f) A previous violation by the respondent of a court order issued pursuant to ORS 107.716 or