Oregon Trespasser Liability Initiative (2010)
|Not on Ballot|
| This measure did not or |
will not appear on a ballot
Text of measure
Expands laws allowing defensive use of deadly force; eliminates liability for injury/death to trespassers.
Result of "Yes" Vote: "Yes" vote presumes "resident" (defined) justifiably uses deadly force against "intruder" (defined) whether or not intruder uses force; eliminates liability for injury/death to trespassers.
Result of "No" Vote: "No" vote retains laws allowing defensive use of force including deadly force, that person reasonably believes necessary; retains liability for injury/death to certain trespassers.
According to the description prepared by the Oregon Secretary of State:
Current law allows deadly force in defense of self, others, or property only if other person is using or about to use deadly force. Measure creates presumption that "resident" (defined) lawfully used deadly force against "intruder" (defined) because resident reasonably believed "intruder" was using or about to use deadly force; creates presumption that deadly force is justified whether or not "intruder" is using or threatening to use force. Currently, landowner may be liable to child trespassers injured by artificial condition of land, or liable to adult trespassers that landowner injures willfully or wantonly. Measure provides that "owner" (defined) is not liable for injury to child or adult trespasser caused by any condition of land or fixtures; exception for device(s) intended to injure persons. Other provisions.
Path to the ballot
- See also: Oregon signature requirements
According to the secretary of state, supporters did not file signatures in an attempt to qualify the measure for the 2010 ballot. Initiative petitions for statutes required six percent of 1,379,475, or 82,769 signatures. The deadline for filing signatures for the November 2, 2010 ballot was July 2, 2010. According to reports, initiative supporters filed 18,256 signatures as of March 31. May 2010 reports indicated that approximately 26,236 total signatures were collected.
- Oregon Trespasser Liability Initiative summary
- Full text of proposal, as filed
- Certified ballot title, December 24, 2009
- Oregon Secretary of State, "Initiative 44 - Oregon Trespasser Liability Initiative," July 16, 2009
- Oregon Secretary of State, "Initiative 62 - Oregon Trespasser Liability Initiative," December 16, 2009
- Oregon Secretary of State, "Initiative 63 - Oregon Trespasser Liability Initiative," December 24, 2009
- The Oregonian, "So far, three Oregon initiatives look likely to qualify for ballot," April 15, 2010
- The Oregonian, "Oregon initiative petitioning gearing up, but few may make ballot," May 17, 2010
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