Posted on 01/12/2023 9:01:05 AM PST by aimhigh
A BILL FOR AN ACT
Relating to security release.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section:
__(a) “Immediate family member” means a spouse, parent, sibling, child, grandparent, grandchild, aunt or uncle.
__(b) “Security release” has the meaning given that term in ORS 135.230.
__(c) “Surety” has the meaning given that term in ORS 135.230.
__(d) “Victim” has the meaning given that term in ORS 131.007.
(2) Irrespective of any criminal prosecution or the result thereof, a victim of a felony committed by a defendant, while on security release in connection with a separate felony, may bring a civil action for damages against the surety who secured the release of the defendant.
(3) Subsection (2) of this section does not apply to a surety who is the immediate family member of the defendant.
(4) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section.
SECTION 2.
Section 1 of this 2023 Act applies to victims of felonies committed on or after the effective date of this 2023 Act.
This is a good idea
I have to ask: does this affect bail bondsmen?
lol.
But going nowhere.
...or refused to impose any bail!!!
“But going nowhere.”
It gives no basis for filing lawsuits.
And if you lose you have to pay the fees for the high price bail company lawyer.
So no one ever dares post bail?
If your family isn’t willing to post your bail, then you probably ain’t trustworthy to be bailed out.
Just sayin’...
Yeah, that’s the loophole. If this passes, judges will just release them without any bail (or do that more often than they are already doing it).
Of coure Judges are immune from being held financially accountable.
Why exempt family members?
If they don’t include the Judge, Magistrate or board that approved the release, this is a half measure at best.
Oregon does not have bail bondsmen.
A bailbondsman doesn’t have a roll in deciding to releasing an accused. He just makes a business decision about securing the appearance of the accused.
If you would like more information about what’s happening in Oregon, please FReepmail me. Please send me your name by FReepmail if you want to be on this list.
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