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Oregon Trespasser Liability Initiative (2010)

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Not on Ballot
Proposed allot measures that were not on a ballot
This measure did not or
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Oregon Trespasser Liability Initiative, also known as Initiatives 44, 62 and 63, did not appear on the November 2, 2010 statewide ballot in Oregon as an initiated state statute. According to the secretary of state, supporters did not file signatures in an attempt to qualify the measure for the 2010 ballot.

Text of measure

Title

The ballot title read as follows:[1][2][3]

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.

Summary

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.[4] May 2010 reports indicated that approximately 26,236 total signatures were collected.[5]

See also

Articles

External links

References