Bill Text: OR HB2951 | 2011 | Regular Session | Introduced
Bill Title: Relating to police officers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2951 Detail]
Download: Oregon-2011-HB2951-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1709
House Bill 2951
Sponsored by Representative FREDERICK; Representatives DEMBROW,
GELSER, GREENLICK, KOTEK (Presession filed.)
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.
Expands definition of 'involved officer' to include officer
involved in incident in which use of deadly force caused serious
physical injury. Increases to six number of sessions with mental
health professional that law enforcement agency must pay for and
requires involved officer to attend all sessions. Requires
testing involved officer for controlled substances, including
anabolic steroids, immediately following incident in which use of
deadly force caused death or serious physical injury.
Requires Department of Justice to investigate incident in which
use of deadly physical force by police officer resulted in death
or serious physical injury of person. Authorizes department to
bring criminal prosecution for violation of law by involved
officer. Requires district attorney's office in county in which
incident occurred to reimburse department for costs of
investigation and prosecution.
Requires Board on Public Safety Standards and Training to
ensure that police officers and certified reserve officers
receive periodic psychological evaluations as condition of
certification. Requires Department of Public Safety Standards
and Training to recommend and board to establish by rule when
results of, or failure to submit to, psychological evaluation
requires suspension or revocation of certification.
A BILL FOR AN ACT
Relating to police officers; creating new provisions; and
amending ORS 180.120, 181.783, 181.786, 181.789, 181.791 and
181.793.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.789 is amended to read:
181.789. (1) As used in this section, 'involved officer '
means:
(a) A police officer whose official conduct, or official order
to use deadly physical force, was a cause in fact of the death
{ + or serious physical injury + } of a person. As used in this
paragraph, 'order to use deadly physical force' means an order
issued to another officer to use deadly physical force in a
specific incident or an order or directive establishing rules of
engagement for the use of deadly physical force for a specific
incident.
(b) A police officer whose official conduct was not a cause in
fact of the death { + or serious physical injury + } of a person
but whose official involvement in an incident in which the use of
deadly physical force by a police officer resulted in the death
{ + or serious physical injury + } of a person:
(A) Began before or during the use of the deadly physical
force; and
(B) Was reasonably likely to have exposed the police officer to
greater stresses or trauma than other police officers experienced
as a result of their involvement in the incident before or during
the use of the deadly physical force.
(2) A law enforcement agency shall adopt a policy dealing with
the use of deadly physical force by its police officers. At a
minimum, the policy must include guidelines for the use of deadly
physical force.
(3)(a) For each involved officer employed by a law enforcement
agency, the law enforcement agency shall pay the costs of at
least { - two - } { + six + } sessions with a mental health
professional that are attended by the officer. The sessions must
be held within six months after the incident in which the officer
was involved.
(b) An involved officer shall attend { - at least one - }
{ + all + } of the sessions described in paragraph (a) of this
subsection.
(c) Sessions with a mental health professional under this
subsection may not be substituted for a fitness for duty
examination required or requested as a condition of employment by
the law enforcement agency that employs the involved officer.
(4) { - For at least 72 hours immediately - } Following an
incident in which the use of deadly physical force by a police
officer resulted in the death { + or serious physical injury + }
of a person { - , - } { + :
(a) An involved officer must be tested immediately for
controlled substances as that term is defined in ORS 475.005,
including anabolic steroids as that term is defined in ORS
342.721.
(b) For at least 72 hours, + } a law enforcement agency may not
return an involved officer to duties that might place the officer
in a situation in which the officer { - has - } { + might be
required + }to use deadly physical force. A law enforcement
agency may not reduce an involved officer's pay or benefits as a
result of the law enforcement agency's compliance with this
{ - subsection - } { + paragraph + }. Notwithstanding ORS
181.796 (1), a personnel cost incurred in complying with this
{ - subsection - } { + paragraph + } by a law enforcement
agency employing 40 or fewer police officers is an expense for
purposes of ORS 181.796.
{ - (5)(a) A law enforcement agency employing an involved
officer shall include at least one police officer from a
different law enforcement agency in the investigation of the
incident in which the involved officer was involved. - }
{ - (b) The failure of a law enforcement agency to comply
with paragraph (a) of this subsection is not grounds for
suppressing evidence obtained in the investigation. - }
{ - (6)(a) - } { + (5)(a) + } A law enforcement agency
shall collect at least the following information relating to
incidents in which a police officer's use of deadly physical
force resulted in the death { + or serious physical injury + }
of a person:
(A) The name, gender, race, ethnicity and age of the decedent.
(B) The date, time and location of the incident.
(C) A brief description of the circumstances surrounding the
incident.
(b) { - A - } { + The + } law enforcement agency shall
promptly submit the information collected under paragraph (a) of
this subsection to the Department of Justice.
{ - (7) - } { + (c) + } The { - department - }
{ + Department of Justice + } shall compile and periodically
publish information submitted under
{ - subsection (6) of this section - } { + paragraph (b) of
this subsection + }. The department, by rule, may specify a form
to be used by law enforcement agencies in submitting information
under { - subsection (6) of this section - } { + paragraph
(b) of this subsection + }.
{ + (6)(a) The Department of Justice shall conduct an
investigation into an incident in which a police officer's use of
deadly physical force resulted in the death or serious physical
injury of a person.
(b)(A) Persons employed by the same law enforcement unit as an
involved officer may not participate in an investigation under
this subsection other than as witnesses.
(B) Failure of the Department of Justice to comply with
subparagraph (A) of this paragraph is not grounds for suppressing
evidence obtained in the investigation. + }
{ + (7) Upon conclusion of the investigation required under
subsection (6) of this section, if the Department of Justice
determines that a criminal law was violated by an involved
officer, the department may bring a criminal prosecution against
the officer for the violation.
(8) The district attorney's office of the county in which an
incident in which the use of deadly physical force by a police
officer resulted in the death or serious physical injury of a
person shall reimburse the Department of Justice for the costs of
the investigation required under subsection (6) of this section
and of any criminal prosecution brought under subsection (7) of
this section. + }
SECTION 2. ORS 181.783 is amended to read:
181.783. (1) There is created in each county a deadly physical
force planning authority consisting of the following members:
(a) The district attorney and sheriff of the county.
(b) A nonmanagement police officer selected by the district
attorney and sheriff. If there are unions representing police
officers within the county, the district attorney and sheriff
shall select the police officer from among candidates nominated
by any union representing police officers within the county.
(c) If at least one city within the county employs a police
chief, a police chief selected by the police chiefs within the
county.
(d) A representative of the public selected by the district
attorney and sheriff. The person selected under this paragraph
may not be employed by a law enforcement agency.
(e) A representative of the Oregon State Police selected by the
Superintendent of State Police.
(2) The district attorney and sheriff are cochairpersons of the
planning authority.
(3) The law enforcement agency that employs the police officer
selected under subsection (1)(b) of this section shall release
the officer from other duties for at least 16 hours per year to
enable the officer to serve on the planning authority. The agency
shall compensate the officer at the officer's regular hourly wage
while the officer is engaged in planning authority activities.
(4) The planning authority shall develop a plan consisting of
the following:
(a) An element dealing with education, outreach and training
regarding the use of deadly physical force for police officers,
attorneys employed by state or local government within the county
and members of the community.
(b) An element dealing with the immediate aftermath of an
incident in which a police officer used deadly physical force.
{ - (c) An element dealing with the investigation of an
incident in which a police officer used deadly physical
force. - }
{ - (d) An element dealing with the exercise of district
attorney discretion to resolve issues of potential criminal
responsibility resulting from a police officer's use of deadly
physical force. - }
{ - (e) - } { + (c) + } An element dealing with collecting
information regarding a police officer's use of deadly physical
force, debriefing after an incident in which a police officer
used deadly physical force and revising a plan developed under
this subsection based on experience.
{ - (f) - } { + (d) + } An estimate of the fiscal impact on
the law enforcement agencies to which the plan applies of each
element described in paragraphs (a) to { - (e) - } { +
(c) + } of this subsection.
(5) The planning authority shall conduct at least one public
hearing in the county before submitting a plan, or a revision of
a plan, to the governing bodies in the county under subsection
(7) of this section.
(6) The planning authority may consult with anyone the planning
authority determines may be helpful in carrying out its
responsibilities.
(7) The planning authority shall submit the plan developed
under subsection (4) of this section, and revisions of the plan,
to the governing body of each law enforcement agency within the
county except for the Department of State Police and the
Department of Justice.
(8) A governing body shall approve or disapprove the plan
submitted to it under subsection (7) of this section within 60
days after receiving the plan. The governing body may not amend
the plan.
(9) If the plan is not approved by at least two-thirds of the
governing bodies to which the plan is submitted, the planning
authority shall develop and submit a revised plan.
(10) If the plan is approved by at least two-thirds of the
governing bodies to which the plan is submitted, the planning
authority shall submit the approved plan to the Attorney General.
No later than 30 days after receiving the plan, the Attorney
General shall review the plan for compliance with the minimum
requirements described in ORS 181.786. If the Attorney General
determines that the plan complies with the minimum requirements,
the Attorney General shall approve the plan. Upon approval of the
plan:
(a) Each law enforcement agency within the county to which the
plan applies is subject to the provisions of the plan; and
(b) Each law enforcement agency subject to the plan is entitled
to grants as provided in ORS 181.796.
(11) If the plan is not approved by the Attorney General, the
planning authority shall develop and submit a revised plan.
(12) Notwithstanding subsection (10)(a) of this section, a law
enforcement agency is not subject to a provision of a plan
approved under subsection (10) of this section that:
(a) Conflicts with a provision of a city or county charter or a
general ordinance that applies to the law enforcement agency; or
(b) Imposes an obligation not required by ORS 181.789 if
complying with the provision would require the law enforcement
agency to budget moneys, or submit a revenue measure for a vote
of the people, in order to comply with the provision.
(13) The Attorney General shall periodically publish all
approved plans.
(14) A law enforcement agency within a county has a duty to
participate in good faith in the planning process of the planning
authority for the county.
(15) A person bringing an action challenging the validity or
enforceability of a plan approved under subsection (10) of this
section shall serve the Attorney General with a copy of the
complaint. If the Attorney General is not a party to the action,
the Attorney General may intervene in the action.
SECTION 3. ORS 181.786 is amended to read:
181.786. In the plan required by ORS 181.783 (4), a deadly
physical force planning authority shall, at a minimum:
(1)(a) Address, under ORS 181.783 (4)(a), the manner in which
each law enforcement agency within the county will comply with
ORS 181.789 (2); and
(b) Attach a copy of each policy adopted under ORS 181.789 (2)
to the plan.
(2) Address, under ORS 181.783 (4)(b), the manner in which each
law enforcement agency within the county will comply with ORS
181.789 (3)(a) and (4).
(3) Address, under ORS 181.783 (4)(c), the manner in which each
law enforcement agency within the county will comply with ORS
181.789 (5)(a).
{ - (4) Address, under ORS 181.783 (4)(d), the manner in
which the district attorney of the county will exercise
discretion to resolve issues of potential criminal
responsibility. - }
{ - (5) Address, under ORS 181.783 (4)(e), the manner in
which each law enforcement agency within the county will comply
with ORS 181.789 (6). - }
SECTION 4. ORS 181.791 is amended to read:
181.791. Conclusions and recommendations for future action made
by or for a law enforcement agency that result from activities
conducted pursuant to the element of a plan described in ORS
181.783 { - (4)(e) - } { + (4)(c) + } are not admissible as
evidence in any subsequent civil action or administrative
proceeding.
SECTION 5. ORS 181.793 is amended to read:
181.793. Notwithstanding ORS 181.783, 181.786 and 181.789 (3)
and { - (6) - } { + (5) + }, if sufficient moneys are not
appropriated to the Department of Justice for purposes of making
grants under ORS 181.796, a deadly physical force planning
authority created by ORS 181.783 or a law enforcement agency is
not required to comply with any requirement of ORS 181.783,
181.786 or 181.789 (3) or { - (6) - } { + (5) + } for which
the law enforcement agency is entitled to reimbursement under ORS
181.796.
SECTION 6. ORS 180.120 is amended to read:
180.120. (1) The Attorney General shall:
(a) { + Except as provided in ORS 181.789, + } defend all
criminal actions and proceedings in which the Department of State
Police or any member thereof is concerned as a party, which
require the services of an attorney or counsel in order to
protect the interests of the state and are necessary for the
purposes of the Department of State Police or the members
thereof.
(b) Conduct such prosecutions as shall be directed by the
Superintendent of State Police with the approval of the Governor.
(2) The Attorney General may appoint an attorney for the
purpose of such defense or prosecution and certify the expenses
thereof to the Department of State Police for payment from the
moneys appropriated for the Department of State Police.
SECTION 7. { + Section 8 of this 2011 Act is added to and made
a part of ORS 181.610 to 181.712. + }
SECTION 8. { + (1) The Board on Public Safety Standards and
Training shall ensure that all police officers and certified
reserve officers receive periodic psychological evaluations as a
condition of certification under ORS 181.640.
(2) The Department of Public Safety Standards and Training
shall recommend and the board shall establish by rule the
circumstances under which the results of, or failure to submit
to, the psychological evaluation required under subsection (1) of
this section requires suspension or revocation of the
certification of a police officer or certified reserve officer
under ORS 181.662. + }
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