[DV_listserv] Legislative Update--2018

[Domestic Violence issues]

Hello, all:

The 2018 legislative short session ended on Sunday.  There were two DV-related bills passed that are of considerable interest to you :


SB1562: Strangulation bill

This bill expands by one the ways in which strangulation can occur. Under this bill, a perpetrator commits the crime of strangulation if s/he applies pressure to the chest (or neck or throat) of the victim which results in impeding the breathing or blood circulation.

Additionally, the bill expands by one the way in which a misdemeanor strangulation will become a felony. Under this bill, if the victim is a "family or household member" as defined in ORS 135.230, the crime is a level "5" felony. The existing felony strangulation provisions remain at a level "6".

https://olis.leg.state.or.us/liz/2018R1/Downloads/MeasureDocument/SB1562/B-Engrossed

HB4145: Domestic Violence and Firearm bill

This bill does a few different things. I'll highlight two:

First, it modifies ORS 166.255 which, as you know, prohibits individuals from possessing firearms / ammunition if subject to qualifying protective orders and/or if s/he have been convicted of a qualifying misdemeanor crime of domestic violence. This bill expands the prohibition on possessing firearms to include those who are under a qualifying court order or who have a qualifying conviction related to a "family or household member" (as defined in ORS 135.230). It now also prohibits possession of firearms by persons who have been convicted of stalking.

Additionally, the bill requires the Oregon State Police to enter qualifying convictions and terms of the judgment in the appropriate state and national databases. **This means that it is especially important to use a "Firearms Findings" document that memorializes the basis upon which a defendant has been convicted and thus disqualifies him/her from possessing firearms. It is extremely important that we identify these cases not only for future prosecution, but for victim safety, officer safety, and public safety reasons.

I've attached an example of a "Firearms Findings" document. PLEASE NOTE: This document has not been updated to reflect the changes in the law. I am currently working with a group to make appropriate changes, including data codes, etc.  I'm providing this to you as an example of what a Firearms Finding document looks like and the information needed in order to document that a person has been convicted of a qualifying crime of domestic violence for purposes of firearm dispossession and LEDS/NCIC entry.

https://olis.leg.state.or.us/liz/2018R1/Downloads/MeasureDocument/HB4145/Enrolled


Thank you,

Erin





Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Cell: 503.932.7482


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