Bill Text: OR SB66 | 2013 | Regular Session | Introduced

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Bill Title: Relating to damages.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB66 Detail]

Download: Oregon-2013-SB66-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 756

                         Senate Bill 66

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Increases amount of penalties available to owner of certain
stolen items in civil action against adult or emancipated minor
who stole items.

                        A BILL FOR AN ACT
Relating to damages; creating new provisions; and amending ORS
  30.875.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.875 is amended to read:
  30.875. (1) An adult or an emancipated minor who takes
possession of any merchandise displayed or offered for sale by
any mercantile establishment, or who takes from any real property
any agricultural produce kept, grown or raised on the property
for purposes of sale, without the consent of the owner and with
the intention of converting such merchandise or produce to the
individual's own use without having paid the purchase price
thereof, or who alters the price indicia of such merchandise,
shall be civilly liable to the owner for actual damages, for a
penalty to the owner in the amount of the retail value of the
merchandise or produce not to exceed   { - $500 - }  { +
$1,000 + }, and for an additional penalty to the owner of not
less than   { - $100 - }   { + $200 + } nor more than
 { - $250 - }  { +  $500 + }.
  (2) The parents having custody of an unemancipated minor who
takes possession of any merchandise displayed or offered for sale
by any mercantile establishment, or who takes from any real
property any agricultural produce kept, grown or raised on the
property for purposes of sale, without the consent of the owner,
and with the intention of converting such merchandise or produce
to the minor's own use without having paid the purchase price
thereof, or who alters the price indicia of such merchandise or
who engages in conduct described in ORS 164.125, 164.132 or
164.373, shall be civilly liable to the owner for actual damages,
for a penalty to the owner in the amount of the retail value of
the merchandise or produce not to exceed $250, plus an additional
penalty to the owner of not less than $100 nor more than $250.
Persons operating a foster home certified under ORS 418.625 to
418.645 are not liable under this subsection for the acts of
children not related to them by blood or marriage and under their
care.
  (3) A conviction for theft is not a condition precedent to the
maintenance of a civil action under this section.
  (4) A civil liability under this section is not limited by any
other law that limits liability of parents of minor children.
  (5) An action for recovery of damages under this section may be
brought in any court of competent jurisdiction, including the
small claims department of a circuit court if the total damages
do not exceed the jurisdictional limit of the small claims
department.
  (6) The fact that an owner or seller of merchandise or
agricultural produce may bring an action against an individual
for damages as provided in this section shall not limit the right
of the owner or seller to demand, in writing, that a person who
is liable for damages under this section remit said damages prior
to the commencement of any legal action.
  (7) Judgments, but not claims, arising under this section may
be assigned.
  (8) An action under this section may not be brought based on a
dishonored check, draft or order for payment of money if an
action can be brought on the dishonored check, draft or order
under ORS 30.701.
  (9) An action under this section must be commenced within three
years after the merchandise or agricultural produce is taken.
  SECTION 2.  { + The amendments to ORS 30.875 by section 1 of
this 2013 Act apply only to causes of action that arise on or
after the effective date of this 2013 Act. + }
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