Bill Text: OR SB405 | 2011 | Regular Session | Enrolled
Bill Title: Relating to university police; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-24 - Effective date, June 23, 2011. [SB405 Detail]
Download: Oregon-2011-SB405-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 405
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)
CHAPTER ................
AN ACT
Relating to university police; creating new provisions; amending
ORS 40.275, 44.550, 90.440, 124.050, 131.605, 133.005, 133.033,
133.318, 133.525, 133.721, 133.726, 136.595, 146.003, 147.425,
153.005, 153.630, 161.015, 163.730, 165.535, 180.320, 181.010,
181.610, 181.715, 181.781, 181.860, 236.350, 238.005, 238.608,
243.005, 348.270, 414.805, 419B.005, 419B.902, 420.905,
430.735, 441.630, 506.521, 609.652, 686.450, 756.160, 801.395,
810.410, 811.720, 811.745, 811.747, 823.081 and 830.005 and
section 2, chapter 102, Oregon Laws 2010; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Board of Higher Education may, at
the request of a public university under its control, authorize
the university to establish a police department and commission
one or more employees as police officers. A police department
established under this section has all of the authority and
immunity of a municipal police department of this state.
(2) Police officers commissioned under this section:
(a) May enforce criminal laws and any administrative rules and
policies adopted by the board or the commissioning university;
and
(b) Have all the authority and immunity of a peace officer or
police officer of this state.
(3) When a university establishes a police department and
commissions one or more employees as police officers, the
president of the university, in cooperation with the chief of the
police department, shall establish a process by which the
university will receive and respond to complaints involving the
policies of the police department and the conduct of the police
officers.
(4) The board may:
(a) Enter into an agreement, or authorize a university under
its control to enter into an agreement, with a municipal
corporation or any department, agency or political subdivision of
this state for the provision of mutual aid by their respective
police officers.
(b) Adopt rules to carry out the provisions of this
section. + }
Enrolled Senate Bill 405 (SB 405-A) Page 1
SECTION 2. ORS 40.275 is amended to read:
40.275. (1) As used in this section, 'unit of government '
means { + :
(a) + } The federal government or any state or political
subdivision thereof { + ; or
(b) A university that has commissioned police officers under
section 1 of this 2011 Act + }.
(2) A unit of government has a privilege to refuse to disclose
the identity of a person who has furnished information relating
to or assisting in an investigation of a possible violation of
law to a law enforcement officer or member of a legislative
committee or its staff conducting an investigation.
(3) The privilege created by this section may be claimed by an
appropriate representative of the unit of government if the
information was furnished to an officer thereof.
(4) No privilege exists under this section:
(a) If the identity of the informer or the informer's interest
in the subject matter of the communication has been disclosed to
those who would have cause to resent the communication by a
holder of the privilege or by the informer's own action, or if
the informer appears as a witness for the unit of government.
(b) If it appears from the evidence in the case or from other
showing by a party that an informer may be able to give testimony
necessary to a fair determination of the issue of guilt or
innocence in a criminal case or of a material issue on the merits
in a civil case to which the unit of government is a party, and
the unit of government invokes the privilege, and the judge gives
the unit of government an opportunity to show in camera facts
relevant to determining whether the informer can, in fact, supply
that testimony. The showing will ordinarily be in the form of
affidavits, but the judge may direct that testimony be taken if
the judge finds that the matter cannot be resolved satisfactorily
upon affidavit. If the judge finds that there is a reasonable
probability that the informer can give the testimony, and the
unit of government elects not to disclose identity of the
informer, the judge on motion of the defendant in a criminal case
shall dismiss the charges to which the testimony would relate,
and the judge may do so on the judge's own motion. In civil
cases, the judge may make any order that justice requires.
Evidence submitted to the judge shall be sealed and preserved to
be made available to the appellate court in the event of an
appeal, and the contents shall not otherwise be revealed without
consent of the unit of government. All counsel and parties shall
be permitted to be present at every stage of proceedings under
this paragraph except a showing in camera, at which no counsel or
party shall be permitted to be present.
(c) If information from an informer is relied upon to establish
the legality of the means by which evidence was obtained and the
judge is not satisfied that the information was received from an
informer reasonably believed to be reliable or credible. The
judge may require the identity of the informer to be disclosed.
The judge shall, on request of the unit of government, direct
that the disclosure be made in camera. All counsel and parties
concerned with the issue of legality shall be permitted to be
present at every stage of proceedings under this paragraph except
a disclosure in camera, at which no counsel or party shall be
permitted to be present. If disclosure of the identity of the
informer is made in camera, the record thereof shall be sealed
and preserved to be made available to the appellate court in the
Enrolled Senate Bill 405 (SB 405-A) Page 2
event of an appeal, and the contents shall not otherwise be
revealed without consent of the unit of government.
SECTION 3. ORS 44.550 is amended to read:
44.550. As used in ORS 44.550 to 44.566:
(1) 'Civil case' means any proceeding other than a criminal
prosecution.
(2) 'Law enforcement unit' means { + :
(a) + } The police department of a city { - or - } { + ; + }
{ +
(b) + }The sheriff's department or other police organization
of a county { + ; or
(c) A police department established by a university under
section 1 of this 2011 Act + }.
(3) 'Police officer' means an officer or member of a law
enforcement unit who is employed full-time as a peace officer by
the city or county and who is responsible for enforcing the
criminal laws of this state.
(4) 'Tribunal' means any person or body before which attendance
of witnesses may be required by subpoena, including an arbitrator
in arbitration proceedings.
SECTION 4. ORS 90.440 is amended to read:
90.440. (1) As used in this section:
(a) 'Group recovery home' means a place that provides occupants
with shared living facilities and that meets the description of a
group home under 42 U.S.C. 300x-25.
(b) 'Illegal drugs' includes controlled substances or
prescription drugs:
(A) For which the tenant does not have a valid prescription; or
(B) That are used by the tenant in a manner contrary to the
prescribed regimen.
(c) 'Peace officer' means a sheriff, constable, marshal or
deputy or a member of a state or city police force { + , or a
police officer commissioned by a university under section 1 of
this 2011 Act + }.
(2) Notwithstanding ORS 90.375 and 90.435, a group recovery
home may terminate a tenancy and peaceably remove a tenant
without complying with ORS 105.105 to 105.168 if the tenant has
used or possessed alcohol or illegal drugs within the preceding
seven days. For purposes of this subsection, the following are
sufficient proof that a tenant has used or possessed alcohol or
illegal drugs:
(a) The tenant fails a test for alcohol or illegal drug use;
(b) The tenant refuses a request made in good faith by the
group recovery home that the tenant take a test for alcohol or
illegal drug use; or
(c) Any person has personally observed the tenant using or
possessing alcohol or illegal drugs.
(3) A group recovery home that undertakes the removal of a
tenant under this section shall personally deliver to the tenant
a written notice that:
(a) Describes why the tenant is being removed;
(b) Describes the proof that the tenant has used or possessed
alcohol or illegal drugs within the seven days preceding delivery
of the notice;
(c) Specifies the date and time by which the tenant must move
out of the group recovery home;
(d) Explains that if the removal was wrongful or in bad faith
the tenant may seek injunctive relief to recover possession under
ORS 105.121 and may bring an action to recover monetary damages;
and
Enrolled Senate Bill 405 (SB 405-A) Page 3
(e) Gives contact information for the local legal services
office and for the Oregon State Bar's Lawyer Referral Service,
identifying those services as possible sources for free or
reduced-cost legal services.
(4) A written notice in substantially the following form meets
the requirements of subsection (3) of this section:
_________________________________________________________________
This notice is to inform you that you must move out of
_____ (insert address of group recovery home) by _____ (insert
date and time that is not less than 24 hours after delivery of
notice).
The reason for this notice is _____ (specify use or possession
of alcohol or illegal drugs, as applicable, and dates of
occurrence).
The proof of your use or possession is _____ (specify facts).
If you did not use or possess alcohol or illegal drugs within
the seven days before delivery of this notice, if this notice was
given in bad faith or if your group recovery home has not
substantially complied with ORS 90.440, you may be able to get a
court to order the group recovery home to let you move back in.
You may also be able to recover monetary damages.
You may be eligible for free legal services at your local legal
services office _____ (insert telephone number) or reduced fee
legal services through the Oregon State Bar at 1-800-452-7636.
_________________________________________________________________
(5) Within the notice period, a group recovery home shall allow
a tenant removed under this section to follow any emergency
departure plan that was prepared by the tenant and approved by
the group recovery home at the time the tenancy began. If the
removed tenant does not have an emergency departure plan, a
representative of the group recovery home shall offer to take the
removed tenant to a public shelter, detoxification center or
similar location if existing in the community.
(6) The date and time for moving out specified in a notice
under subsection (3) of this section must be at least 24 hours
after the date and time the notice is delivered to the tenant. If
the tenant remains on the group recovery home premises after the
date and time for moving out specified in the notice, the tenant
is a person remaining unlawfully in a dwelling as described in
ORS 164.255 and not a person described in ORS 105.115. Only a
peace officer may forcibly remove a tenant who remains on the
group recovery home premises after the date and time specified
for moving out.
(7) A group recovery home that removes a tenant under this
section shall send a copy of the notice described in subsection
(3) of this section to the Oregon Health Authority no later than
72 hours after delivering the notice to the tenant.
(8) A tenant who is removed under subsection (2) of this
section may obtain injunctive relief to recover possession and
may recover an amount equal to the greater of actual damages or
three times the tenant's monthly rent if:
(a) The group recovery home removed the tenant in bad faith or
without substantially complying with this section; or
(b) If removal is under subsection (2)(c) of this section, the
removal was wrongful because the tenant did not use or possess
alcohol or illegal drugs.
(9) Notwithstanding ORS 12.125, a tenant who seeks to obtain
injunctive relief to recover possession under ORS 105.121 must
Enrolled Senate Bill 405 (SB 405-A) Page 4
commence the action to seek relief not more than 90 days after
the date specified in the notice for the tenant to move out.
(10) In any court action regarding the removal of a tenant
under this section, a group recovery home may present evidence
that the tenant used or possessed alcohol or illegal drugs within
seven days preceding the removal, whether or not the evidence was
described in the notice required by subsection (3) of this
section.
(11) This section does not prevent a group recovery home from
terminating a tenancy as provided by any other provision of this
chapter and evicting a tenant as provided in ORS 105.105 to
105.168.
SECTION 5. ORS 124.050 is amended to read:
124.050. As used in ORS 124.050 to 124.095:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury to an elderly person caused by other
than accidental means, or which appears to be at variance with
the explanation given of the injury.
(b) Neglect.
(c) Abandonment, including desertion or willful forsaking of an
elderly person or the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
(d) Willful infliction of physical pain or injury upon an
elderly person.
(e) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(f) Verbal abuse.
(g) Financial exploitation.
(h) Sexual abuse.
(i) Involuntary seclusion of an elderly person for the
convenience of a caregiver or to discipline the person.
(j) A wrongful use of a physical or chemical restraint of an
elderly person, excluding an act of restraint prescribed by a
licensed physician and any treatment activities that are
consistent with an approved treatment plan or in connection with
a court order.
(2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
(3) 'Facility' means:
(a) A long term care facility as that term is defined in ORS
442.015.
(b) A residential facility as that term is defined in ORS
443.400, including but not limited to an assisted living
facility.
(c) An adult foster home as that term is defined in ORS
443.705.
(4) 'Financial exploitation' means:
(a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of an elderly person or a person with
a disability.
(b) Alarming an elderly person or a person with a disability by
conveying a threat to wrongfully take or appropriate money or
property of the person if the person would reasonably believe
that the threat conveyed would be carried out.
(c) Misappropriating, misusing or transferring without
authorization any money from any account held jointly or singly
by an elderly person or a person with a disability.
Enrolled Senate Bill 405 (SB 405-A) Page 5
(d) Failing to use the income or assets of an elderly person or
a person with a disability effectively for the support and
maintenance of the person.
(5) 'Intimidation' means compelling or deterring conduct by
threat.
(6) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
{ + (e) A police department established by a university under
section 1 of this 2011 Act. + }
(7) 'Neglect' means:
(a) Failure to provide the care, supervision or services
necessary to maintain the physical and mental health of an
elderly person that may result in physical harm or significant
emotional harm to the elderly person; or
(b) The failure of a caregiver to make a reasonable effort to
protect an elderly person from abuse.
(8) 'Person with a disability' means a person described in:
(a) ORS 410.040 (7)(b); or
(b) ORS 410.715.
(9) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
chiropractor, physician assistant or podiatric physician and
surgeon, including any intern or resident.
(b) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(c) Employee of the Department of Human Services or community
developmental disabilities program.
(d) Employee of the Oregon Health Authority, county health
department or community mental health program.
(e) Peace officer.
(f) Member of the clergy.
(g) Regulated social worker.
(h) Physical, speech or occupational therapist.
(i) Senior center employee.
(j) Information and referral or outreach worker.
(k) Licensed professional counselor or licensed marriage and
family therapist.
(L) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
(m) Firefighter or emergency medical technician.
(n) Psychologist.
(o) Provider of adult foster care or an employee of the
provider.
(p) Audiologist.
(q) Speech-language pathologist.
(10) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an elderly person.
(11)(a) 'Sexual abuse' means:
(A) Sexual contact with an elderly person who does not consent
or is considered incapable of consenting to a sexual act under
ORS 163.315;
(B) Sexual harassment, sexual exploitation or inappropriate
exposure to sexually explicit material or language;
Enrolled Senate Bill 405 (SB 405-A) Page 6
(C) Any sexual contact between an employee of a facility or
paid caregiver and an elderly person served by the facility or
caregiver;
(D) Any sexual contact between an elderly person and a relative
of the elderly person other than a spouse; or
(E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
(b) 'Sexual abuse' does not mean consensual sexual contact
between an elderly person and a paid caregiver who is the spouse
of the elderly person.
(12) 'Sexual contact' has the meaning given that term in ORS
163.305.
(13) 'Verbal abuse' means to threaten significant physical or
emotional harm to an elderly person or a person with a disability
through the use of:
(a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
SECTION 6. ORS 131.605 is amended to read:
131.605. As used in ORS 131.605 to 131.625, unless the context
requires otherwise:
(1) 'Crime' has the meaning provided for that term in ORS
161.515.
(2) 'Dangerous weapon,' 'deadly weapon' and 'person ' have the
{ - meaning provided for - } { + meanings given + } those
terms in ORS 161.015.
(3) 'Frisk' is an external patting of a person's outer
clothing.
(4) 'Is about to commit' means unusual conduct that leads a
peace officer reasonably to conclude in light of the officer's
training and experience that criminal activity may be afoot.
{ + (5) 'Peace officer' has the meaning given that term in
ORS 133.005. + }
{ - (5) - } { + (6) + } 'Reasonably suspects' means that a
peace officer holds a belief that is reasonable under the
totality of the circumstances existing at the time and place the
peace officer acts as authorized in ORS 131.605 to 131.625.
{ - (6) - } { + (7) + } A 'stop' is a temporary restraint
of a person's liberty by a peace officer lawfully present in any
place.
SECTION 7. ORS 133.005 is amended to read:
133.005. As used in ORS 133.005 to 133.381 and 133.410 to
133.450, unless the context requires otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency who is empowered to effect
an arrest with or without a warrant for violations of the United
States Code and who is authorized to carry firearms in the
performance of duty.
(3) 'Peace officer' means { + :
(a) + } A member of the Oregon State Police { - or - } { + ;
(b) + } A sheriff, constable, marshal, municipal police officer
{ - , - } { + or a police officer commissioned by a university
under section 1 of this 2011 Act;
Enrolled Senate Bill 405 (SB 405-A) Page 7
(c) An + } investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state { - , - } { + ; + } or
{ + (d) + } An investigator of the Criminal Justice Division
of the Department of Justice of the State of Oregon.
SECTION 8. { + ORS 133.033 is added to and made a part of ORS
133.005 to 133.381. + }
SECTION 9. ORS 133.033 is amended to read:
133.033. (1) Except as otherwise expressly prohibited by law,
any peace officer { - of this state, as defined in ORS
133.005, - } is authorized to perform community caretaking
functions.
(2) As used in this section, 'community caretaking functions'
means any lawful acts that are inherent in the duty of the peace
officer to serve and protect the public. 'Community caretaking
functions' includes, but is not limited to:
(a) The right to enter or remain upon the premises of another
if it reasonably appears to be necessary to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(b) The right to stop or redirect traffic or aid motorists or
other persons when such action reasonably appears to be necessary
to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(3) Nothing contained in this section shall be construed to
limit the authority of a peace officer that is inherent in the
office or that is granted by any other provision of law.
SECTION 10. { + ORS 133.318 is added to and made a part of ORS
133.005 to 133.381. + }
SECTION 11. ORS 133.318 is amended to read:
133.318. (1) Any person who provides to a peace officer a copy
of a writing purporting to be a foreign restraining order as
defined by ORS 24.190 knowing that no valid foreign restraining
order is in effect shall be guilty of a Class A misdemeanor.
(2) Any person who represents to a { - police - } { +
peace + } officer that a foreign restraining order is the most
recent order in effect between the parties or that the person
restrained by the order has been personally served with a copy of
the order or has actual notice of the order knowing that the
representation is false commits a Class A misdemeanor.
SECTION 12. { + ORS 133.400 is added to and made a part of ORS
133.005 to 133.381. + }
SECTION 13. ORS 133.525 is amended to read:
133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
(1) 'Judge' means any judge of the circuit court, the Court of
Appeals, the Supreme Court, any justice of the peace or municipal
judge authorized to exercise the powers and perform the duties of
a justice of the peace.
(2) 'Police officer' means { + :
(a) A member of the Oregon State Police;
(b) + } A sheriff { - , - } { + or + } municipal police
officer { - , member of the Oregon State Police, - } { + or a
police officer commissioned by a university under section 1 of
this 2011 Act;
Enrolled Senate Bill 405 (SB 405-A) Page 8
(c) An + }investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state { - , - } { + ; + } or
{ + (d) + } An investigator of the Criminal Justice Division
of the Department of Justice.
SECTION 14. ORS 133.721 is amended to read:
133.721. As used in ORS 41.910 and 133.721 to 133.739, unless
the context requires otherwise:
(1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
(2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
(3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
(a) Any oral communication or any communication that is
completely by wire; or
(b) Any communication made through a tone-only paging device.
(4) 'Electronic, mechanical or other device' means any device
or apparatus that can be used to intercept a wire, electronic or
oral communication other than:
(a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof that is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and that is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
(b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
(5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
communication through the use of any electronic, mechanical or
other device.
(6) 'Investigative or law enforcement officer' means an officer
or other person employed { + to investigate or enforce the
law + } by { + :
(a) + } A county sheriff or municipal police department, { +
or a police department established by a university under section
1 of this 2011 Act;
(b) + }The Oregon State Police, { + the Department of
Corrections, the + } Attorney General { - , - } { + or + } a
district attorney { - or the Department of Corrections, and
officers or other persons employed by - } { + ; or
(c) + } Law enforcement agencies of other states or the federal
government { - , to investigate or enforce the law - } .
(7) 'Oral communication' means:
(a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
(b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
Enrolled Senate Bill 405 (SB 405-A) Page 9
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
(8) 'Telecommunications carrier' means:
(a) A telecommunications utility as defined in ORS 759.005; or
(b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
(9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
(10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
SECTION 15. ORS 133.726 is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that:
(A) There is probable cause to believe that a person whose oral
communication is to be intercepted is engaged in committing, has
committed or is about to commit a particular felony, or a
misdemeanor under ORS 167.007, and that intercepting the oral
communication will yield evidence thereof; or
(B)(i) There is reasonable suspicion to believe that a person
whose oral communication is to be intercepted is engaged in
committing, has committed or is about to commit a crime;
(ii) There is reasonable suspicion to believe that the
circumstances in which the oral communication is to be
intercepted present a substantial risk of death, serious physical
injury or sexual assault to a law enforcement officer or a person
under the direct supervision of the officer;
(iii) Interception of the oral communication is necessary to
protect the safety of the person who may be endangered; and
(iv) Other investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous; and
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
Enrolled Senate Bill 405 (SB 405-A) Page 10
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a)(A) There is probable cause to believe that a person is
engaged in committing, has committed or is about to commit a
particular felony, or a misdemeanor under ORS 167.007; and
(B) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime; or
(b)(A) There is reasonable suspicion to believe that a person
whose oral communication is to be intercepted is engaged in
committing, has committed or is about to commit a crime;
(B) There is reasonable suspicion to believe that the
circumstances in which the oral communication is to be
intercepted present a substantial risk of death, serious physical
injury or sexual assault to a law enforcement officer or a person
under the direct supervision of the officer;
(C) Interception of the oral communication is necessary to
protect the safety of the person who may be endangered; and
(D) Other investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
are likely to be too dangerous.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.840, 475.846
to 475.894 or 475.904 to 475.910 or as a misdemeanor under ORS
167.007; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
Enrolled Senate Bill 405 (SB 405-A) Page 11
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer ' means
an officer employed { + to enforce criminal laws + } by { + :
(a) + } The United States, this state or a municipal government
within this state { - , or - } { + ;
(b) + }A political subdivision, agency, department or bureau
of
{ - those governments, to enforce criminal laws - } { + the
governments described in paragraph (a) of this subsection; or
(c) A police department established by a university under
section 1 of this 2011 Act + }.
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 16. ORS 133.726, as amended by section 3, chapter 442,
Oregon Laws 2007, is amended to read:
133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
(2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
(3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
(a) The name of the applicant and the applicant's authority to
make the application;
(b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS
167.007, and that intercepting the oral communication will yield
evidence thereof; and
Enrolled Senate Bill 405 (SB 405-A) Page 12
(c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
(4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
(5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
(a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007; and
(b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
(6) An order authorizing or approving the interception of an
oral communication under this section must specify:
(a) The identity of the person, if known, whose oral
communication is to be intercepted;
(b) A statement identifying the particular crime to which the
oral communication is expected to relate;
(c) The agency authorized under the order to intercept the oral
communication;
(d) The name and office of the applicant and the signature and
title of the issuing judge;
(e) A period of time after which the order shall expire; and
(f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
(7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
(a) A crime punishable as a felony under ORS 475.840, 475.846
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007; or
(b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
(8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
(9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
(a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
Enrolled Senate Bill 405 (SB 405-A) Page 13
(b) To a magistrate;
(c) In a presentation to a federal or state grand jury; or
(d) In compliance with a court order.
(10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
(11) As used in this section, 'law enforcement officer ' means
an officer employed { + to enforce criminal laws + } by { + :
(a) + } The United States, this state or a municipal government
within this state { - , or - } { + ;
(b) + } A political subdivision, agency, department or bureau
of
{ - those governments, to enforce criminal laws - } { + the
governments described in paragraph (a) of this subsection; or
(c) A police department established by a university under
section 1 of this 2011 Act + }.
(12) Violation of subsection (9) of this section is a Class A
misdemeanor.
SECTION 17. ORS 136.595 is amended to read:
136.595. (1) Except as provided in ORS 136.447 and 136.583 and
subsection (2) of this section, a subpoena is served by
delivering a copy to the witness personally. If the witness is
under 14 years of age, the subpoena may be served by delivering a
copy to the witness or to the witness's parent, guardian or
guardian ad litem. Proof of the service is made in the same
manner as in the service of a summons.
(2)(a) Every law enforcement agency shall designate an
individual or individuals upon whom service of subpoena may be
made. At least one of the designated individuals shall be
available during normal business hours. In the absence of the
designated individuals, service of subpoena pursuant to paragraph
(b) of this subsection may be made upon the officer in charge of
the law enforcement agency.
(b) If a peace officer's attendance at trial is required as a
result of employment as a peace officer, a subpoena may be served
on such officer by delivering a copy personally to the officer or
to one of the individuals designated by the agency that employs
the officer. A subpoena may be served by delivery to one of the
individuals designated by the agency that employs the officer
only if the subpoena is delivered at least 10 days before the
date the officer's attendance is required, the officer is
currently employed as a peace officer by the agency, and the
officer is present within the state at the time of service.
(c) When a subpoena has been served as provided in paragraph
(b) of this subsection, the law enforcement agency shall make a
good faith effort to actually notify the officer whose attendance
is sought of the date, time and location of the court appearance.
If the officer cannot be notified, the law enforcement agency
shall contact the court and a continuance may be granted to allow
the officer to be personally served.
(d) As used in this subsection, 'law enforcement agency ' means
the Oregon State Police, a county sheriff's department or a
municipal police department { + , or a police department
established by a university under section 1 of this 2011 Act + }.
(3) When a subpoena has been served as provided in ORS 136.583
or subsection (1) or (2) of this section and, subsequent to
service, the date on, or the time at, which the person subpoenaed
is to appear has changed, a new subpoena is not required to be
served if:
Enrolled Senate Bill 405 (SB 405-A) Page 14
(a) The subpoena is continued orally in open court in the
presence of the person subpoenaed; or
(b) The party who issued the original subpoena notifies the
person subpoenaed of the change by first class mail and by:
(A) Certified or registered mail, return receipt requested; or
(B) Express mail.
SECTION 18. ORS 146.003 is amended to read:
146.003. As used in ORS 146.003 to 146.189 and 146.710 to
146.992, unless the context requires otherwise:
(1) 'Approved laboratory' means a laboratory approved by the
State Medical Examiner as competent to perform the blood sample
analysis required by ORS 146.113 (2).
(2) 'Assistant district medical examiner' means a physician
appointed by the district medical examiner to investigate and
certify deaths within a county or district.
(3) 'Cause of death' means the primary or basic disease process
or injury ending life.
(4) 'Death requiring investigation' means the death of a person
occurring in any one of the circumstances set forth in ORS
146.090.
(5) 'Deputy medical examiner' means a person appointed by the
district medical examiner to assist in the investigation of
deaths within a county.
(6) 'District medical examiner' means a physician appointed by
the State Medical Examiner to investigate and certify deaths
within a county or district, including a Deputy State Medical
Examiner.
(7) 'Law enforcement agency' means a county sheriff's office,
municipal police department { + , police department established
by a university under section 1 of this 2011 Act + }and the
Oregon State Police.
(8) 'Legal intervention' includes an execution pursuant to ORS
137.463, 137.467 and 137.473 and other legal use of force
resulting in death.
(9) 'Manner of death' means the designation of the probable
mode of production of the cause of death, including natural,
accidental, suicidal, homicidal, legal intervention or
undetermined.
(10) 'Medical examiner' means a physician appointed as provided
by ORS 146.003 to 146.189 to investigate and certify the cause
and manner of deaths requiring investigation, including the State
Medical Examiner.
(11) 'Pathologist' means a physician holding a current license
to practice medicine and surgery and who is eligible for
certification by the American Board of Pathology.
(12) 'Unidentified human remains' does not include human
remains that are unidentified human remains that are part of an
archaeological site or suspected of being Native American and
covered under ORS chapters 97 and 390 and ORS 358.905 to 358.961.
SECTION 19. ORS 147.425 is amended to read:
147.425. (1) As used in this section:
(a) 'Health care provider' has the meaning given that term in
ORS 192.519.
(b) 'Law enforcement agency' means:
(A) A city or municipal police department.
(B) A county sheriff's office.
(C) The Oregon State Police.
(D) A district attorney.
{ + (E) A police department established by a university under
section 1 of this 2011 Act. + }
Enrolled Senate Bill 405 (SB 405-A) Page 15
{ - (E) - } { + (F) + } A special campus security officer
commissioned under ORS 352.385 or 353.050.
(c) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission.
(d) 'Personal representative' means a person selected under
subsection (2) of this section to accompany the victim of a crime
to certain phases of an investigation and prosecution.
(e) 'Protective service worker' means an employee or contractor
of a local or state agency whose role it is to protect children
or vulnerable adults from abuse or neglect.
(2) A victim of a person crime, who is at least 15 years of age
at the time the crime is committed, may select a person who is at
least 18 years of age as the victim's personal representative for
purposes of this section. The victim may not select a person who
is a suspect in, or a party or witness to, the crime as a
personal representative.
(3) Except for grand jury proceedings and child abuse
assessments occurring at a child advocacy center recognized by
the Department of Justice, a personal representative may
accompany the victim to those phases of the investigation,
including medical examinations, and prosecution of the crime at
which the victim is entitled or required to be present.
(4) A health care provider, law enforcement agency, protective
service worker or court may not prohibit a personal
representative from accompanying a victim as authorized by
subsection (3) of this section unless the health care provider,
law enforcement agency, protective service worker or court
believes that the personal representative would compromise the
process.
(5) A health care provider, law enforcement agency, protective
service worker or court is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed with
respect to a decision under subsection (4) of this section to
prohibit a personal representative from accompanying a victim.
(6) The fact that a personal representative was allowed or was
not allowed to accompany a victim may not be used as a basis for
excluding otherwise admissible evidence.
(7) The fact that a victim has or has not selected a personal
representative under this section may not be used as evidence in
the criminal case.
SECTION 20. ORS 153.005 is amended to read:
153.005. As used in this chapter:
(1) 'Enforcement officer' means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
{ + (d) A police officer commissioned by a university under
section 1 of this 2011 Act. + }
{ - (d) - } { + (e) + } An investigator of a district
attorney's office if the investigator is or has been certified as
a peace officer in this or any other state.
{ - (e) - } { + (f) + } An investigator of the Criminal
Justice Division of the Department of Justice of the State of
Oregon.
{ - (f) - } { + (g) + } A Port of Portland peace officer.
{ - (g) - } { + (h) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
Enrolled Senate Bill 405 (SB 405-A) Page 16
(2) 'Traffic offense' has the meaning given that term in ORS
801.555.
(3) 'Violation' means an offense described in ORS 153.008.
(4) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
SECTION 21. ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be paid as follows:
(a) If resulting from prosecutions initiated by or from arrests
or complaints made by a member of the Oregon State Police, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions initiated by or from arrests
or complaints made by a motor carrier enforcement officer, to be
credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions initiated by or from arrests
or complaints made by a city police officer, including a city
marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295:
(A) To the treasurer of the city or municipal or
quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state if the offense occurred within the boundaries of the
city or municipal or quasi-municipal corporation; or
(B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation.
(d) If resulting from prosecutions initiated by or from arrests
or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county.
{ + (e) If resulting from prosecutions initiated by or from
arrests or complaints made by a police officer commissioned by a
university under section 1 of this 2011 Act, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the university. + }
{ - (e) - } { + (f) + } If resulting from prosecutions for
parking in a winter recreation parking location, to be credited
and distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
{ - (f) - } { + (g) + } In other cases, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
Enrolled Senate Bill 405 (SB 405-A) Page 17
obligation to the same entity to which payment is made of the
half provided for in subsection (1) of this section.
(3) If provisions of subsection (2)(b) or { - (e) - } { +
(f) + } of this section are applicable, and if the fine or
penalty imposed is remitted, suspended or stayed, or the offender
against whom the fine or penalty was levied or imposed serves
time in jail in lieu of paying the fine or penalty or a part
thereof, the committing judge or magistrate shall certify the
facts thereof in writing to the State Court Administrator in the
case of a circuit court or the Department of Revenue in the case
of a justice or municipal court not later than the 10th day of
the month next following the month in which the fine was remitted
or penalty suspended. If any part of the fine is thereafter paid,
it shall be remitted to the judge or magistrate who imposed the
fine or penalty, who shall distribute it as provided in
subsections (1) and (2) of this section.
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Distribution of fines and costs collected in a justice or
municipal court under this section must be made not later than
the last day of the month immediately following the month in
which the fines and costs are collected.
(6) All fines collected as a result of citations issued for a
violation of ORS 813.095 and credited and distributed to the
state under subsections (1)(a) and (2)(a) of this section shall
be deposited in the State Police Account established in ORS
181.175 to be used by the Department of State Police for the
enforcement of laws concerning driving while under the influence
of intoxicants.
SECTION 22. ORS 161.015 is amended to read:
161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
(1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
(2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
(3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
(4) 'Peace officer' means { + :
(a) A member of the Oregon State Police;
(b) + } A sheriff, constable, marshal { - , - } { + or + }
municipal police officer, { + or a police officer commissioned
by a university under section 1 of this 2011 Act; + }
{ - member of the Oregon State Police, - } { +
(c) An + } investigator of the Criminal Justice Division of the
Department of Justice or investigator of a district attorney's
office { + ; + } and
{ + (d) + } { - such other persons as may be - } { + Any
other person + } designated by law { + as a peace officer + }.
(5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
Enrolled Senate Bill 405 (SB 405-A) Page 18
(6) 'Physical force' includes, but is not limited to, the use
of an electrical stun gun, tear gas or mace.
(7) 'Physical injury' means impairment of physical condition or
substantial pain.
(8) 'Serious physical injury' means physical injury which
creates a substantial risk of death or which causes serious and
protracted disfigurement, protracted impairment of health or
protracted loss or impairment of the function of any bodily
organ.
(9) 'Possess' means to have physical possession or otherwise to
exercise dominion or control over property.
(10) 'Public place' means a place to which the general public
has access and includes, but is not limited to, hallways, lobbies
and other parts of apartment houses and hotels not constituting
rooms or apartments designed for actual residence, and highways,
streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation.
SECTION 23. ORS 163.730 is amended to read:
163.730. As used in ORS 30.866 and 163.730 to 163.750, unless
the context requires otherwise:
(1) 'Alarm' means to cause apprehension or fear resulting from
the perception of danger.
(2) 'Coerce' means to restrain, compel or dominate by force or
threat.
(3) 'Contact' includes but is not limited to:
(a) Coming into the visual or physical presence of the other
person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school
of the other person or of a member of that person's family or
household;
(d) Sending or making written or electronic communications in
any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship
to the other person with the intent of affecting the third
person's relationship with the other person;
(i) Communicating with business entities with the intent of
affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work
or school;
(k) Delivering directly or through a third person any object to
the home, property, place of work or school of the other person;
or
(L) Service of process or other legal documents unless the
other person is served as provided in ORCP 7 or 9.
(4) 'Household member' means any person residing in the same
residence as the victim.
(5) 'Immediate family' means father, mother, child, sibling,
spouse, grandparent, stepparent and stepchild.
(6) 'Law enforcement officer' means any person employed in this
state as a police officer by { + :
(a) + } A county sheriff, constable { - , - } { + or + }
marshal { + ;
(b) A police department established by a university under
section 1 of this 2011 Act; + }or
{ + (c) A + } municipal or state police agency.
(7) 'Repeated' means two or more times.
Enrolled Senate Bill 405 (SB 405-A) Page 19
(8) 'School' means a public or private institution of learning
or a child care facility.
SECTION 24. ORS 165.535 is amended to read:
165.535. As used in ORS 41.910, 133.723, 133.724, 165.540 and
165.545:
(1) 'Conversation' means the transmission between two or more
persons of an oral communication which is not a telecommunication
or a radio communication.
(2) 'Person' means any person as defined in ORS 174.100 and
includes public officials and law enforcement officers of { + :
(a) + } The state { - , - } { + ;
(b) A + } county, municipal corporation or any other political
subdivision of the state { + ; or
(c) A police department established by a university under
section 1 of this 2011 Act + }.
(3) 'Radio communication' means the transmission by radio or
other wireless methods of writing, signs, signals, pictures and
sounds of all kinds, including all instrumentalities, facilities,
equipment and services (including, among other things, the
receipt, forwarding and delivering of communications) incidental
to such transmission.
(4) 'Telecommunication' means the transmission of writing,
signs, signals, pictures and sounds of all kinds by aid of wire,
cable or other similar connection between the points of origin
and reception of such transmission, including all
instrumentalities, facilities, equipment and services (including,
among other things, the receipt, forwarding and delivering of
communications) incidental to such transmission.
SECTION 25. ORS 180.320 is amended to read:
180.320. (1) All state agencies, district attorneys and all
police officers of the state, county or any municipality { + ,
university + } or court thereof, shall cooperate with the
Division of Child Support of the Department of Justice in
furnishing and making available information, records and
documents necessary to assist in establishing or enforcing
support obligations or paternity, in performing the duties set
out in ORS 25.080 and in determining the location of any absent
parent or child for the purpose of enforcing any state or federal
law regarding the unlawful taking or restraint of a child or for
the purpose of making or enforcing a child custody determination.
Notwithstanding the provisions of ORS 109.225, 416.430, 432.121,
432.230 and 432.430, records pertaining to the paternity of a
child shall be made available upon written request of an
authorized representative of the Division of Child Support. Any
information obtained pursuant to this subsection is confidential,
and shall be used only for the purposes set out in this
subsection.
(2) Information furnished to the Division of Child Support by
the Department of Revenue and made confidential by ORS 314.835
shall be used by the division and its employees solely for the
purpose of enforcing the provisions of ORS 180.320 to 180.365 and
shall not be disclosed or made known for any other purpose. Any
person who violates the prohibition against disclosure contained
in this subsection, upon conviction, is punishable as provided in
ORS 314.991 (2).
SECTION 26. ORS 181.010 is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
(1) 'Bureau' means the Department of State Police bureau of
criminal identification.
Enrolled Senate Bill 405 (SB 405-A) Page 20
(2) 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
prosecutive functions, attorney employees of the office of public
defense services and nonprofit public defender organizations
established under contract with the Public Defense Services
Commission;
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training; and
(i) Any other state or local agency with law enforcement
authority designated by order of the Governor.
(3) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled by the bureau for purposes of
identifying criminal offenders and alleged offenders, records of
arrests and the nature and disposition of criminal charges,
including sentencing, confinement, parole and release.
(4) 'Department' means the Department of State Police
established under ORS 181.020.
(5) 'Deputy superintendent' means the Deputy Superintendent of
State Police.
(6) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
(7) 'Disposition report' means a form or process prescribed or
furnished by the bureau, containing a description of the ultimate
action taken subsequent to an arrest.
(8) 'Law enforcement agency' means county sheriffs, municipal
police departments, { + police departments established by a
university under section 1 of this 2011 Act, + } State Police,
other police officers of this state and other states and law
enforcement agencies of the federal government.
(9) 'State Police' means the members of the state police force
appointed under ORS 181.250.
(10) 'Superintendent' means the Superintendent of State Police.
SECTION 27. ORS 181.610 is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer or certified
reserve officer and acting under the supervision and
responsibility of a county sheriff or as otherwise provided by
law.
Enrolled Senate Bill 405 (SB 405-A) Page 21
(5) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full-time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
include forest fire protection agency personnel.
(12)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, { + university that has
established a police department under section 1 of this 2011
Act, + } port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, Indian reservation, { + the + }
Criminal Justice Division of the Department of Justice, the
Department of Corrections, the Oregon State Lottery Commission or
common carrier railroad whose primary duty, as prescribed by law,
ordinance or directive, is any one or more of the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation.
(b) 'Law enforcement unit' also means:
(A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
whose employees are commissioned by a county sheriff;
(B) A district attorney's office; and
(C) A private, nonprofit animal care agency that has maintained
an animal welfare investigation department for at least five
years and has had officers commissioned as special agents by the
Governor.
(13) 'Parole and probation officer' means:
(a) Any officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
Enrolled Senate Bill 405 (SB 405-A) Page 22
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
(b) Any officer who:
(A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
(B) Is employed part-time by the Department of Corrections, a
county or a court; and
(C) Is charged with and performs the duty of:
(i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
(14) 'Police officer' means an officer, member or employee of a
law enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, Indian reservation,
the Criminal Justice Division of the Department of Justice, the
Oregon State Lottery Commission { + , a university that has
established a police department under section 1 of this 2011
Act + } or the Governor or who is a member of the Department of
State Police and who is responsible for enforcing the criminal
laws of this state or laws or ordinances relating to airport
security or is an investigator of a district attorney's office if
the investigator is or has been certified as a peace officer in
this or any other state.
(15) 'Public or private safety agency' means any unit of state
or local government, a special purpose district or a private firm
which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(16) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.
(17) 'Reserve officer' means an officer or member of a law
enforcement unit:
(a) Who is a volunteer or who is employed less than full-time
as a peace officer commissioned by a city, port, school district,
mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian
reservation, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission { + , a university
that has established a police department under section 1 of this
2011 Act, + } or the Governor or who is a member of the
Department of State Police;
(b) Who is armed with a firearm; and
(c) Who is responsible for enforcing the criminal laws and
traffic laws of this state or laws or ordinances relating to
airport security.
(18) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
Enrolled Senate Bill 405 (SB 405-A) Page 23
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 403.105.
(19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
SECTION 28. ORS 181.715 is amended to read:
181.715. (1) The Department of State Police or another criminal
justice agency designated by the Director of the Oregon
Department of Administrative Services shall operate a Criminal
Justice Information Standards program that coordinates
information among state criminal justice agencies. The program
shall:
(a) Ensure that in developing new information systems, data can
be retrieved to support evaluation of criminal justice planning
and programs, including, but not limited to, the ability of the
programs to reduce future criminal conduct;
(b) Ensure that maximum effort is made for the safety of public
safety officers;
(c) Establish methods and standards for data interchange and
information access between criminal justice information systems,
in compliance with the technology standards and policies of the
Oregon Department of Administrative Services;
(d) Design and implement improved applications for exchange of
agency information; and
(e) Implement the capability to exchange images between
criminal justice agencies.
(2) The program shall develop a plan to accelerate data sharing
and information integration among criminal justice agencies. The
plan shall include, but is not limited to, priorities, timelines,
development costs, resources needed, the projected ongoing cost
of support, critical success factors and any known barriers to
accomplishing the plan. Representatives of criminal justice
agencies and public safety agencies, including but not limited to
local law enforcement agencies, courts of criminal jurisdiction,
district attorneys, city attorneys with criminal prosecutive
functions, public defender organizations established under ORS
chapter 151, community corrections directors, jail managers and
county juvenile departments, shall be invited to participate in
the planning process. The program shall present the plan to the
Director of the Oregon Department of Administrative Services no
later than May 30 of each even-numbered year for development of
the Governor's budget report. The program shall submit the plan
to the Joint Legislative Committee on Information Management and
Technology no later than December 31 of each even-numbered year.
(3) Notwithstanding the meaning given 'criminal justice agency'
in ORS 181.010, as used in this section and ORS 181.720, '
criminal justice agency' includes, but is not limited to:
(a) The Judicial Department;
(b) The Attorney General;
(c) The Department of Corrections;
(d) The Department of State Police;
(e) Any other state agency with law enforcement authority
designated by order of the Governor;
(f) The Department of Transportation;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training;
(i) The State Department of Fish and Wildlife;
(j) The Oregon Liquor Control Commission;
(k) The Oregon Youth Authority; { - and - }
Enrolled Senate Bill 405 (SB 405-A) Page 24
(L) The State Commission on Children and Families { + ; and
(m) A university that has established a police department under
section 1 of this 2011 Act + }.
SECTION 29. ORS 181.781 is amended to read:
181.781. As used in ORS 181.781 to 181.796:
(1) 'Employ,' when used in the context of the relationship
between a law enforcement agency and a police officer, includes
the assignment of law enforcement duties on a volunteer basis to
a reserve officer.
(2) 'Law enforcement agency' means the Department of State
Police, the Department of Justice, a district attorney, a
political subdivision of the State of Oregon { - and - }
{ + , + } a municipal corporation of the State of Oregon { +
and a university + }, that maintains a law enforcement unit as
defined in ORS 181.610 (12)(a)(A).
(3) 'Police officer' means a person who is:
(a) A police officer or reserve officer as defined in ORS
181.610; and
(b) Employed by a law enforcement agency to enforce the
criminal laws of this state.
SECTION 30. ORS 181.860 is amended to read:
181.860. (1) For the purposes of this section:
(a) 'Emergency services provider' means any public employer
that employs persons to provide firefighting services.
(b) 'Emergency services personnel' means any employee of an
emergency services provider who is engaged in providing
firefighting services.
(c) 'Employee assistance program' means a program established
by a law enforcement agency or emergency services provider to
provide counseling or support services to employees of the law
enforcement agency or emergency services provider.
(d) 'Law enforcement agency' means any county sheriff,
municipal police department, { + police department established
by a university under section 1 of this 2011 Act, + } the Oregon
State Police and any state or local public body that employs
public safety personnel.
(e) 'Public safety personnel' means a sheriff, deputy sheriff,
municipal police officer, { + police officer commissioned by a
university under section 1 of this 2011 Act, + } state police
officer, parole and probation officer, corrections employee,
certified reserve officer, telecommunicator or emergency medical
dispatcher.
(2) Any communication made by a participant or counselor in a
peer support counseling session conducted by a law enforcement
agency or by an emergency services provider for public safety
personnel or emergency services personnel, and any oral or
written information conveyed in the peer support counseling
session, is confidential and may not be disclosed by any person
participating in the peer support counseling session.
(3) Any communication relating to a peer support counseling
session made confidential under subsection (2) of this section
that is made between counselors, between counselors and the
supervisors or staff of an employee assistance program, or
between the supervisors or staff of an employee assistance
program, is confidential and may not be disclosed.
(4) The provisions of this section apply only to peer support
counseling sessions conducted by an employee or other person who:
(a) Has been designated by a law enforcement agency or
emergency services provider, or by an employee assistance
program, to act as a counselor; and
Enrolled Senate Bill 405 (SB 405-A) Page 25
(b) Has received training in counseling and in providing
emotional and moral support to public safety personnel or
emergency services personnel who have been involved in
emotionally traumatic incidents by reason of their employment.
(5) The provisions of this section apply to all oral
communications, notes, records and reports arising out of a peer
support counseling session. Any notes, records or reports arising
out of a peer support counseling session are not public records
for the purpose of ORS 192.410 to 192.505.
(6) Any communication made by a participant or counselor in a
peer support counseling session subject to this section, and any
oral or written information conveyed in a peer support counseling
session subject to this section, is not admissible in any
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding. Communications and
information made confidential under this section may not be
disclosed by the participants in any judicial proceeding,
administrative proceeding, arbitration proceeding or other
adjudicatory proceeding. The limitations on disclosure imposed by
this subsection include disclosure during any discovery conducted
as part of an adjudicatory proceeding.
(7) Nothing in this section limits the discovery or
introduction in evidence of knowledge acquired by any public
safety personnel or emergency services personnel from observation
made during the course of employment, or material or information
acquired during the course of employment, that is otherwise
subject to discovery or introduction in evidence.
(8) This section does not apply to:
(a) Any threat of suicide or homicide made by a participant in
a peer support counseling session, or any information conveyed in
a peer support counseling session relating to a threat of suicide
or homicide;
(b) Any information relating to abuse of children or of the
elderly, or other information that is required to be reported by
law; or
(c) Any admission of criminal conduct.
(9) This section does not prohibit any communications between
counselors who conduct peer support counseling sessions, or any
communications between counselors and the supervisors or staff of
an employee assistance program.
SECTION 31. ORS 236.350 is amended to read:
236.350. As used in ORS 236.350 to 236.370:
(1) 'Disciplinary action' means action taken against a public
safety officer by an employer to punish the officer, including
dismissal, demotion, suspension without pay, reduction in salary,
written reprimand and transfer.
(2) 'Just cause' means a cause reasonably related to the public
safety officer's ability to perform required work. The term
includes a willful violation of reasonable work rules,
regulations or written policies.
(3) 'Public safety officer' means:
(a) A member of a law enforcement unit who is employed
full-time as a peace officer commissioned by a city,
{ + university that has established a police department under
section 1 of this 2011 Act, + }port, school district, mass
transit district, county, Indian reservation, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor and who is responsible for
enforcing the criminal laws of this state or laws or ordinances
relating to airport security.
Enrolled Senate Bill 405 (SB 405-A) Page 26
(b) A corrections officer, a parole and probation officer or a
youth correction officer as those terms are defined in ORS
181.610.
SECTION 32. ORS 238.005, as amended by section 8, chapter 1,
Oregon Laws 2010, is amended to read:
238.005. For purposes of this chapter:
(1) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) 'Board' means the Public Employees Retirement Board.
(3) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(4) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(5) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and for which benefits under this chapter are funded by
employer contributions and earnings on the fund. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. ' Creditable service'
includes all retirement credit received by a member.
(6) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(7) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(8) 'Final average salary' means whichever of the following is
greater:
Enrolled Senate Bill 405 (SB 405-A) Page 27
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(9) 'Firefighter' does not include a volunteer firefighter, but
does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(10) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(11) 'Fund' means the Public Employees Retirement Fund.
(12)(a) 'Member' means a person who has established membership
in the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a qualifying position and who
has completed the six-month period of service required by ORS
238.015.
(c) 'Inactive member' means a member who is not employed in a
qualifying position, whose membership has not been terminated in
the manner described by ORS 238.095, and who is not retired for
service or disability.
(d) 'Retired member' means a member who is retired for service
or disability.
(13)(a) 'Member account' means the regular account and the
variable account.
(b) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(c) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(14) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
Enrolled Senate Bill 405 (SB 405-A) Page 28
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(15) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(16) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
{ + (f) Police officers who are commissioned by a university
under section 1 of this 2011 Act and who are classified as police
officers by the university. + }
{ - (f) - } { + (g) + } Parole and probation officers
employed by the Department of Corrections, parole and probation
officers who are transferred to county employment under ORS
423.549 and adult parole and probation officers, as defined in
ORS 181.610, who are classified as police officers for the
purposes of this chapter by the county governing body. If a
county classifies adult parole and probation officers as police
officers for the purposes of this chapter, and the employees so
classified are represented by a labor organization, any proposal
by the county to change that classification or to cease to
classify adult parole and probation officers as police officers
for the purposes of this chapter is a mandatory subject of
bargaining.
{ - (g) - } { + (h) + } Police officers appointed under ORS
276.021 or 276.023.
{ - (h) - } { + (i) + } Employees of the Port of Portland
who are classified as airport police by the Board of
Commissioners of the Port of Portland.
{ - (i) - } { + (j) + } Employees of the State Department
of Agriculture who are classified as livestock police officers by
the Director of Agriculture.
{ - (j) - } { + (k) + } Employees of the Department of
Public Safety Standards and Training who are classified by the
department as other than secretarial or clerical personnel.
{ - (k) - } { + (L) + } Investigators of the Criminal
Justice Division of the Department of Justice.
{ - (L) - } { + (m) + } Corrections officers as defined in
ORS 181.610.
{ - (m) - } { + (n) + } Employees of the Oregon State
Lottery Commission who are classified by the Director of the
Oregon State Lottery as enforcement agents pursuant to ORS
461.110.
Enrolled Senate Bill 405 (SB 405-A) Page 29
{ - (n) - } { + (o) + } The Director of the Department of
Corrections.
{ - (o) - } { + (p) + } An employee who for seven
consecutive years has been classified as a police officer as
defined by this section, and who is employed or transferred by
the Department of Corrections to fill a position designated by
the Director of the Department of Corrections as being eligible
for police officer status.
{ - (p) - } { + (q) + } An employee of the Department of
Corrections classified as a police officer on or prior to July
27, 1989, whether or not that classification was authorized by
law, as long as the employee remains in the position held on July
27, 1989. The initial classification of an employee under a
system implemented pursuant to ORS 240.190 does not affect police
officer status.
{ - (q) - } { + (r) + } Employees of a school district who
are appointed and duly sworn members of a law enforcement agency
of the district as provided in ORS 332.531 or otherwise employed
full-time as police officers commissioned by the district.
{ - (r) - } { + (s) + } Employees at youth correction
facilities and juvenile detention facilities under ORS 419A.050,
419A.052 and 420.005 to 420.915 who are required to hold valid
Oregon teaching licenses and who have supervisory, control or
teaching responsibilities over juveniles committed to the custody
of the Department of Corrections or the Oregon Youth Authority.
{ - (s) - } { + (t) + } Employees at youth correction
facilities as defined in ORS 420.005 whose primary job
description involves the custody, control, treatment,
investigation or supervision of juveniles placed in such
facilities.
{ - (t) - } { + (u) + } Employees of the Oregon Youth
Authority who are classified as juvenile parole and probation
officers.
(17) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(18) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(19) 'Qualifying position' means one or more jobs with one or
more participating public employers in which an employee performs
600 or more hours of service in a calendar year, excluding any
service in a job for which a participating public employer does
not provide benefits under this chapter pursuant to an
application made under ORS 238.035.
(20) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(21)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
Enrolled Senate Bill 405 (SB 405-A) Page 30
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation;
(C) Retroactive payments described in section 7, chapter 1,
Oregon Laws 2010; and
(D) Wages of a deceased member paid to a surviving spouse or
dependent children under ORS 652.190.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Oregon University System or the Oregon Health
and Science University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(22) 'School year' means the period beginning July 1 and ending
June 30 next following.
(23) 'System' means the Public Employees Retirement System.
(24) 'Vested' means being an active member of the system in
each of five calendar years.
(25) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
SECTION 33. { + The amendments to ORS 238.005 by section 32 of
this 2011 Act apply only to:
(1) Persons specified in ORS 238.005 (16)(f) who are employed
by a university on or after the effective date of this 2011 Act.
(2) Service rendered to a participating public employer on or
after the effective date of this 2011 Act. + }
SECTION 34. ORS 238.608 is amended to read:
238.608. (1) The Public Employees Retirement Board shall
conduct a study of the life expectancy of members of the Public
Employees Retirement System in the categories described in
subsection (2) of this section. If the board determines that
members in the categories described in subsection (2) of this
section have a life expectancy that is substantially shorter than
the life expectancy of members of the system generally, the board
shall adopt and use separate actuarial equivalency factor tables
under ORS 238.607 for the purpose of computing the payments to be
made to members in the categories described in subsection (2) of
this section and to the beneficiaries and alternate payees of
Enrolled Senate Bill 405 (SB 405-A) Page 31
those members. Any actuarial equivalency factor tables adopted
under this section shall first become effective January 1, 2005.
(2) The provisions of this section apply to members of the
system who are defined as firefighters under ORS 238.005 (9) or
as police officers under ORS 238.005 (16)(a), (b), (d), (e), (f),
{ - (k) - } { + (g) + }, (L), { - (n) - } { + (m) + },
(o) { + , + } { - or - } (p) { + or (q) + }.
SECTION 35. ORS 243.005 is amended to read:
243.005. As used in ORS 243.005 to 243.045:
(1) 'Firefighter' means persons employed by a city, county or
district whose duties involve fire fighting and includes a
volunteer firefighter whose position normally requires less than
600 hours of service per year.
(2) 'Police officer' includes police chiefs and police officers
of a city who are classified as police officers by the council or
other governing body of the city; { + police officers
commissioned by a university under section 1 of this 2011 Act who
are classified as police officers by the university; + } sheriffs
and those deputy sheriffs whose duties, as classified by the
county governing body are the regular duties of police officers;
employees of districts, whose duties, as classified by the
governing body of the district are the regular duties of police
officers; employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police; employees of the Criminal Justice Division of the
Department of Justice who are classified by the Attorney General
as criminal investigators or criminal financial investigators;
employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents; and employees of Department of Corrections
institutions as defined in ORS 421.005 whose duties, as assigned
by the superintendent, include the custody of persons committed
to the custody of or transferred to the Department of Corrections
institution; but 'police officer' does not include volunteer or
reserve police officers or persons considered by the respective
governing bodies to be civil deputies or clerical personnel.
(3) 'Public employer' means a city, a county or the state, or
one of its agencies or political subdivisions that employs police
officers or firefighters.
SECTION 36. ORS 348.270 is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the Oregon Student Assistance Commission shall award
scholarships in any state institution under the State Board of
Higher Education, in the Oregon Health and Science University, in
any community college operated under ORS chapter 341, or in any
Oregon-based regionally accredited independent institution, to
any student applying for enrollment or who is enrolled therein,
who is:
(a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the Oregon Student Assistance
Commission, that the income of the public safety officer is less
than that earned by public safety officers performing duties
comparable to those performed at the highest rank or grade
attained by the public safety officer; or
(b) A former foster child who enrolls in an institution of
higher education as an undergraduate student not later than three
years from the date the student was removed from the care of the
Department of Human Services, the date the student graduated from
Enrolled Senate Bill 405 (SB 405-A) Page 32
high school or the date the student received the equivalent of a
high school diploma, whichever date is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are former foster
children shall equal the amount of tuition and all fees levied by
the institution against the recipient of the scholarship.
However, scholarships awarded to students who attend independent
institutions shall not exceed the amount of tuition and all fees
levied by the University of Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education and four years of post-graduate education.
(4) If the student who is a former foster child or who is the
dependent of a public safety officer with a disability continues
to remain enrolled in a state institution of higher education or
a community college or an independent institution within the
State of Oregon, the student shall be entitled to renewal of the
scholarship until the student has received the equivalent of four
years of undergraduate education.
(5) The Oregon Student Assistance Commission may require proof
of the student's relationship to a public safety officer
described in subsection (1) of this section or proof that the
student is a former foster child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
{ + (C) A police officer commissioned by a university under
section 1 of this 2011 Act. + }
SECTION 37. ORS 414.805 is amended to read:
414.805. (1) An individual who receives medical services while
in the custody of a law enforcement officer is liable:
(a) To the provider of the medical services for the charges and
expenses therefor; and
(b) To the Oregon Health Authority for any charges or expenses
paid by the authority out of the Law Enforcement Medical
Liability Account for the medical services.
(2) A person providing medical services to an individual
described in subsection { - (1)(a) - } { + (1) + } of this
section shall first make reasonable efforts to collect the
charges and expenses thereof from the individual before seeking
to collect them from the authority out of the Law Enforcement
Medical Liability Account.
(3)(a) If the provider has not been paid within 45 days of the
date of the billing, the provider may bill the authority who
shall pay the account out of the Law Enforcement Medical
Liability Account.
(b) A bill submitted to the authority under this subsection
must be accompanied by evidence documenting that:
Enrolled Senate Bill 405 (SB 405-A) Page 33
(A) The provider has billed the individual or the individual's
insurer or health care service contractor for the charges or
expenses owed to the provider; and
(B) The provider has made a reasonable effort to collect from
the individual or the individual's insurer or health care service
contractor the charges and expenses owed to the provider.
(c) If the provider receives payment from the individual or the
insurer or health care service contractor after receiving payment
from the authority, the provider shall repay the authority the
amount received from the public agency less any difference
between payment received from the individual, insurer or
contractor and the amount of the billing.
(4) As used in this section:
(a) 'Law enforcement officer' means an officer who is
commissioned and employed by a public agency as a peace officer
to enforce the criminal laws of this state or laws or ordinances
of a public agency.
(b) 'Public agency' means the state, a city, { + university
that has established a police department under section 1 of this
2011 Act, + } port, school district, mass transit district or
county.
SECTION 38. ORS 419B.005, as amended by section 4, chapter 60,
Oregon Laws 2010, is amended to read:
419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
(D) Sexual abuse, as described in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
Enrolled Senate Bill 405 (SB 405-A) Page 34
(I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
(J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
{ + (3) 'Law enforcement agency' means:
(a) A city or municipal police department.
(b) A county sheriff's office.
(c) The Oregon State Police.
(d) A police department established by a university under
section 1 of this 2011 Act.
(e) A county juvenile department. + }
{ - (3) - } { + (4) + } 'Public or private official' means:
(a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
(e) Employee of the Department of Human Services, Oregon Health
Authority, State Commission on Children and Families, Child Care
Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health
program, a community developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol
and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Regulated social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Licensed professional counselor.
(o) Licensed marriage and family therapist.
(p) Firefighter or emergency medical technician.
(q) A court appointed special advocate, as defined in ORS
419A.004.
(r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(s) Member of the Legislative Assembly.
(t) Physical, speech or occupational therapist.
(u) Audiologist.
(v) Speech-language pathologist.
(w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
(x) Pharmacist.
(y) An operator of a preschool recorded program under ORS
657A.255.
Enrolled Senate Bill 405 (SB 405-A) Page 35
(z) An operator of a school-age recorded program under ORS
657A.257.
(aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
{ - (4) 'Law enforcement agency' means: - }
{ - (a) Any city or municipal police department. - }
{ - (b) Any county sheriff's office. - }
{ - (c) The Oregon State Police. - }
{ - (d) A county juvenile department. - }
SECTION 39. ORS 419B.902 is amended to read:
419B.902. (1) A subpoena may be served by the party or any
other person 18 years of age or older. Except as provided in
subsections (2), (3) and (4) of this section, the service must be
made by delivering a copy to the witness personally. The service
must be made so as to allow the witness a reasonable time for
preparation and travel to the place of attendance. If the
subpoena is not accompanied by a command to appear at trial,
hearing or deposition under ORS 419B.884, whether the subpoena is
served personally or by mail, copies of a subpoena commanding
production and inspection of books, papers, documents or other
tangible things before trial must be served on each party at
least seven days before the subpoena is served on the person
required to produce and permit inspection, unless the court
orders a shorter period.
(2)(a) A law enforcement agency shall designate an individual
upon whom service of a subpoena may be made. A designated
individual must be available during normal business hours. In the
absence of a designated individual, service of a subpoena under
paragraph (b) of this subsection may be made upon the officer in
charge of the law enforcement agency.
(b) If a peace officer's attendance at trial is required as a
result of employment as a peace officer, a subpoena may be served
on the officer by delivering a copy personally to the officer or
to an individual designated by the agency that employs the
officer no later than 10 days prior to the date attendance is
sought. A subpoena may be served in this manner only if the
officer is currently employed as a peace officer and is present
within the state at the time of service.
(c) When a subpoena has been served as provided in paragraph
(b) of this subsection, the law enforcement agency shall make a
good faith effort to give actual notice to the officer whose
attendance is sought of the date, time and location of the court
appearance. If the officer cannot be notified, the law
enforcement agency shall promptly notify the court and a
postponement or continuance may be granted to allow the officer
to be personally served.
(d) As used in this subsection, 'law enforcement agency ' means
the Oregon State Police, a county sheriff's department
{ - or - } { + , + } a municipal police department { + or a
police department established by a university under section 1 of
this 2011 Act + }.
(3) Under the following circumstances, service of a subpoena to
a witness by mail has the same legal force and effect as personal
service:
(a) The attorney mailing the subpoena certifies in connection
with or upon the return of service that the attorney, or the
attorney's agent, has had personal or telephone contact with the
Enrolled Senate Bill 405 (SB 405-A) Page 36
witness and the witness indicated a willingness to appear at
trial if subpoenaed; or
(b) The subpoena was mailed to the witness more than five days
before trial by certified mail or some other designation of mail
that provides a receipt for the mail signed by the recipient and
the attorney received a return receipt signed by the witness
prior to trial.
(4) Service of subpoena by mail may be used for a subpoena
commanding production of books, papers, documents or other
tangible things that is not accompanied by a command to appear at
trial or hearing or at a deposition under ORS 419B.884.
(5) Proof of service of a subpoena is made in the same manner
as proof of service of a summons except that the server is not
required to certify that the server is not a party in the action
or an attorney for a party in the action.
SECTION 40. ORS 420.905 is amended to read:
420.905. As used in ORS 420.905 to 420.915, 'peace officer '
means { + :
(1) A + } { - any - } sheriff, constable { - , - } { +
or + } marshal, or the deputy of any such officer { - , - }
{ + ;
(2) A + } { - any - } member of the state police { + ; + }
or
{ + (3) A + } { - any - } member of the police force of
{ - any - } { + a + } city { + or a university that has
established a police department under section 1 of this 2011
Act + }.
SECTION 41. ORS 430.735 is amended to read:
430.735. As used in ORS 430.735 to 430.765:
(1) 'Abuse' means one or more of the following:
(a) Abandonment, including desertion or willful forsaking of a
person with a developmental disability or the withdrawal or
neglect of duties and obligations owed a person with a
developmental disability by a caregiver or other person.
(b) Any physical injury to an adult caused by other than
accidental means, or that appears to be at variance with the
explanation given of the injury.
(c) Willful infliction of physical pain or injury upon an
adult.
(d) Sexual abuse of an adult.
(e) Neglect.
(f) Verbal abuse of a person with a developmental disability.
(g) Financial exploitation of a person with a developmental
disability.
(h) Involuntary seclusion of a person with a developmental
disability for the convenience of the caregiver or to discipline
the person.
(i) A wrongful use of a physical or chemical restraint upon a
person with a developmental disability, excluding an act of
restraint prescribed by a licensed physician and any treatment
activities that are consistent with an approved treatment plan or
in connection with a court order.
(j) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(k) Any death of an adult caused by other than accidental or
natural means.
(2) 'Adult' means a person 18 years of age or older with:
(a) A developmental disability who is currently receiving
services from a community program or facility or was previously
Enrolled Senate Bill 405 (SB 405-A) Page 37
determined eligible for services as an adult by a community
program or facility; or
(b) A mental illness who is receiving services from a community
program or facility.
(3) 'Adult protective services' means the necessary actions
taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts and to safeguard an adult's person,
property and funds, including petitioning for a protective order
as defined in ORS 125.005. Any actions taken to protect an adult
shall be undertaken in a manner that is least intrusive to the
adult and provides for the greatest degree of independence.
(4) 'Caregiver' means an individual, whether paid or unpaid, or
a facility that has assumed responsibility for all or a portion
of the care of an adult as a result of a contract or agreement.
(5) 'Community program' means a community mental health program
or a community developmental disabilities program as established
in ORS 430.610 to 430.695.
(6) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster home, residential
training home or facility or crisis respite facility.
(7) 'Financial exploitation' means:
(a) Wrongfully taking the assets, funds or property belonging
to or intended for the use of a person with a developmental
disability.
(b) Alarming a person with a developmental disability by
conveying a threat to wrongfully take or appropriate money or
property of the person if the person would reasonably believe
that the threat conveyed would be carried out.
(c) Misappropriating, misusing or transferring without
authorization any money from any account held jointly or singly
by a person with a developmental disability.
(d) Failing to use the income or assets of a person with a
developmental disability effectively for the support and
maintenance of the person.
(8) 'Intimidation' means compelling or deterring conduct by
threat.
(9) 'Law enforcement agency' means:
(a) Any city or municipal police department;
{ + (b) A police department established by a university under
section 1 of this 2011 Act; + }
{ - (b) - } { + (c) + } Any county sheriff's office;
{ - (c) - } { + (d) + } The Oregon State Police; or
{ - (d) - } { + (e) + } Any district attorney.
(10) 'Neglect' means:
(a) Failure to provide the care, supervision or services
necessary to maintain the physical and mental health of a person
with a developmental disability that may result in physical harm
or significant emotional harm to the person;
(b) The failure of a caregiver to make a reasonable effort to
protect a person with a developmental disability from abuse; or
(c) Withholding of services necessary to maintain the health
and well-being of an adult which leads to physical harm of an
adult.
(11) 'Person with a developmental disability' means a person
described in subsection (2)(a) of this section.
(12) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
psychologist, chiropractor or podiatric physician and surgeon,
including any intern or resident;
Enrolled Senate Bill 405 (SB 405-A) Page 38
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
(c) Employee of the Department of Human Services or Oregon
Health Authority, county health department, community mental
health program or community developmental disabilities program or
private agency contracting with a public body to provide any
community mental health service;
(d) Peace officer;
(e) Member of the clergy;
(f) Regulated social worker;
(g) Physical, speech or occupational therapist;
(h) Information and referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed professional counselor or licensed marriage and
family therapist;
(k) Any public official who comes in contact with adults in the
performance of the official's duties; or
(L) Firefighter or emergency medical technician.
(13) 'Services' includes but is not limited to the provision of
food, clothing, medicine, housing, medical services, assistance
with bathing or personal hygiene or any other service essential
to the well-being of an adult.
(14)(a) 'Sexual abuse' means:
(A) Sexual contact with a nonconsenting adult or with an adult
considered incapable of consenting to a sexual act under ORS
163.315;
(B) Sexual harassment, sexual exploitation or inappropriate
exposure to sexually explicit material or language;
(C) Any sexual contact between an employee of a facility or
paid caregiver and an adult served by the facility or caregiver;
(D) Any sexual contact between a person with a developmental
disability and a relative of the person with a developmental
disability other than a spouse; or
(E) Any sexual contact that is achieved through force,
trickery, threat or coercion.
(b) 'Sexual abuse' does not mean consensual sexual contact
between an adult and a paid caregiver who is the spouse of the
adult.
(15) 'Sexual contact' has the meaning given that term in ORS
163.305.
(16) 'Verbal abuse' means to threaten significant physical or
emotional harm to a person with a developmental disability
through the use of:
(a) Derogatory or inappropriate names, insults, verbal
assaults, profanity or ridicule; or
(b) Harassment, coercion, threats, intimidation, humiliation,
mental cruelty or inappropriate sexual comments.
SECTION 42. ORS 441.630 is amended to read:
441.630. As used in ORS 441.630 to 441.680 and 441.995:
(1) 'Abuse' means:
(a) Any physical injury to a resident of a long term care
facility which has been caused by other than accidental means.
(b) Failure to provide basic care or services, which failure
results in physical harm or unreasonable discomfort or serious
loss of human dignity.
(c) Sexual contact with a resident caused by an employee, agent
or other resident of a long term care facility by force, threat,
duress or coercion.
(d) Illegal or improper use of a resident's resources for the
personal profit or gain of another person.
Enrolled Senate Bill 405 (SB 405-A) Page 39
(e) Verbal or mental abuse as prohibited by federal law.
(f) Corporal punishment.
(g) Involuntary seclusion for convenience or discipline.
(2) 'Abuse complaint' means any oral or written communication
to the department, one of its agents or a law enforcement agency
alleging abuse.
(3) 'Department' means the Department of Human Services or a
designee of the department.
(4) 'Facility' means a long term care facility, as defined in
ORS 442.015.
(5) 'Law enforcement agency' means:
(a) Any city or municipal police department.
{ + (b) A police department established by a university under
section 1 of this 2011 Act. + }
{ - (b) - } { + (c) + } Any county sheriff's office.
{ - (c) - } { + (d) + } The Oregon State Police.
{ - (d) - } { + (e) + } Any district attorney.
(6) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Licensed practical nurse or registered nurse.
(c) Employee of the Department of Human Services, a community
developmental disabilities program or a long term care facility
or person who contracts to provide services to a long term care
facility.
(d) Employee of the Oregon Health Authority, county health
department or community mental health program.
(e) Peace officer.
(f) Member of the clergy.
(g) Regulated social worker.
(h) Physical, speech and occupational therapists.
(i) Legal counsel for a resident or guardian or family member
of the resident.
SECTION 43. ORS 506.521 is amended to read:
506.521. Each member of the State Fish and Wildlife Commission,
the State Fish and Wildlife Director and every inspector, deputy
fish warden, special deputy fish warden, and all peace officers
of this state or any political subdivision therein, { +
including police officers commissioned by a university under
section 1 of this 2011 Act, + } shall enforce the commercial
fishing laws within their respective jurisdictions. In the
performance of these duties such officers are subject to the
direction and control of the commission or director.
SECTION 44. ORS 609.652 is amended to read:
609.652. As used in ORS 609.654:
(1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
(b) 'Aggravated animal abuse' does not include:
(A) Good animal husbandry, as defined in ORS 167.310; or
(B) Any exemption listed in ORS 167.335.
(2) 'Law enforcement agency' means:
(a) Any city or municipal police department.
{ + (b) A police department established by a university under
section 1 of this 2011 Act. + }
{ - (b) - } { + (c) + } Any county sheriff's office.
{ - (c) - } { + (d) + } The Oregon State Police.
{ - (d) - } { + (e) + } A law enforcement division of a
county or municipal animal control agency that employs sworn
officers.
(3) 'Public or private official' means:
(a) A physician, including any intern or resident.
Enrolled Senate Bill 405 (SB 405-A) Page 40
(b) A dentist.
(c) A school employee.
(d) A licensed practical nurse or registered nurse.
(e) An employee of the Department of Human Services, Oregon
Health Authority, State Commission on Children and Families,
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
(f) A peace officer.
(g) A psychologist.
(h) A member of the clergy.
(i) A regulated social worker.
(j) An optometrist.
(k) A chiropractor.
(L) A certified provider of foster care, or an employee
thereof.
(m) An attorney.
(n) A naturopathic physician.
(o) A licensed professional counselor.
(p) A licensed marriage and family therapist.
(q) A firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(t) A member of the Legislative Assembly.
SECTION 45. ORS 686.450 is amended to read:
686.450. As used in ORS 686.450 to 686.465 and 686.990 (3):
(1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
(b) 'Aggravated animal abuse' does not include:
(A) Good animal husbandry, as defined in ORS 167.310; or
(B) Any exemption listed in ORS 167.335.
(2) 'Law enforcement agency' means:
(a) Any city or municipal police department.
{ + (b) A police department established by a university under
section 1 of this 2011 Act. + }
{ - (b) - } { + (c) + } Any county sheriff's office.
{ - (c) - } { + (d) + } The Oregon State Police.
{ - (d) - } { + (e) + } A law enforcement division of a
humane society in Oregon that employs special agents authorized
under ORS 131.805.
{ - (e) - } { + (f) + } A law enforcement division of a
county or municipal animal control agency that employs sworn
officers.
(3) 'Veterinarian' means a person licensed to practice
veterinary medicine under ORS chapter 686.
SECTION 46. ORS 756.160 is amended to read:
756.160. (1) The Public Utility Commission shall inquire into
any neglect or violation of any law of this state or any law or
ordinance of any municipality thereof relating to public
utilities and telecommunications utilities by any public utility
or telecommunications utility doing business therein, its
officers, agents or employees and shall enforce all laws of this
state relating to public utilities and telecommunications
utilities and may enforce all such laws and ordinances of a
municipality. The commission shall report all violations of any
such laws or ordinances to the Attorney General.
Enrolled Senate Bill 405 (SB 405-A) Page 41
(2) The Attorney General, district attorney of each county,
{ - and - } all state, county and city police officers
{ + and police officers commissioned by a university under
section 1 of this 2011 Act + } shall assist the commission in the
administration and enforcement of all laws administered by the
commission, and they, as well as assistants and employees of the
commission, shall inform against and diligently prosecute all
persons whom they have reasonable cause to believe guilty of
violation of any such laws or of the rules, regulations, orders,
decisions or requirements of the commission made pursuant
thereto.
(3) Upon the request of the commission, the Attorney General or
the district attorney of the proper county shall aid in any
investigation, hearing or trial, and shall institute and
prosecute all necessary suits, actions or proceedings for the
enforcement of those laws and ordinances referred to in
subsection (1) of this section.
(4) Any forfeiture or penalty provided for in any law
administered by the commission shall be recovered by an action
brought thereon in the name of the State of Oregon in any court
of appropriate jurisdiction.
SECTION 47. ORS 801.395 is amended to read:
801.395. 'Police officer' includes a member of the Oregon State
Police, a sheriff, a deputy sheriff, a city police officer, { +
a police officer commissioned by a university under section 1 of
this 2011 Act, + } a Port of Portland peace officer or a law
enforcement officer employed by a service district established
under ORS 451.410 to 451.610 for the purpose of law enforcement
services.
SECTION 48. ORS 810.410 is amended to read:
810.410. (1) A police officer may arrest or issue a citation to
a person for a traffic crime at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act as provided by ORS 133.235
and 133.310.
(2) A police officer may issue a citation to a person for a
traffic violation at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act:
(a) When the traffic violation is committed in the police
officer's presence; or
(b) When the police officer has probable cause to believe an
offense has occurred based on a description of the vehicle or
other information received from a police officer who observed the
traffic violation.
(3) A police officer:
(a) Shall not arrest a person for a traffic violation.
(b) May stop and detain a person for a traffic violation for
the purposes of investigation reasonably related to the traffic
violation, identification and issuance of citation.
(c) May make an inquiry into circumstances arising during the
course of a detention and investigation under paragraph (b) of
this subsection that give rise to a reasonable suspicion of
criminal activity.
(d) May make an inquiry to ensure the safety of the officer,
the person stopped or other persons present, including an inquiry
regarding the presence of weapons.
(e) May request consent to search in relation to the
circumstances referred to in paragraph (c) of this subsection or
Enrolled Senate Bill 405 (SB 405-A) Page 42
to search for items of evidence otherwise subject to search or
seizure under ORS 133.535.
(f) May use the degree of force reasonably necessary to make
the stop and ensure the safety of the { - peace - } { +
police + } officer, the person stopped or other persons present.
(g) May make an arrest of a person as authorized by ORS 133.310
(2) if the person is stopped and detained pursuant to the
authority of this section.
(4) When a police officer at the scene of a traffic accident
has reasonable grounds, based upon the police officer's personal
investigation, to believe that a person involved in the accident
has committed a traffic offense in connection with the accident,
the police officer may issue to the person a citation for that
offense. The authority under this subsection is in addition to
any other authority to issue a citation for a traffic offense.
SECTION 49. ORS 811.720 is amended to read:
811.720. (1) Except as provided in subsection (4) of this
section, any accident occurring on a highway or upon premises
open to the public resulting in injury or death to any person is
subject to the reporting requirements under the following
sections:
(a) The reporting requirements for drivers under ORS 811.725.
(b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.735.
(c) The reporting requirements for owners of vehicles under ORS
811.730.
(2) Except as provided in subsection (4) of this section, an
accident occurring on a highway or upon premises open to the
public resulting in damage to the property of any person in
excess of $1,500 is subject to the following reporting
requirements:
(a) The driver of a vehicle that has more than $1,500 damage
must report the accident in the manner specified under ORS
811.725.
(b) The owner of a vehicle that has more than $1,500 damage
must report the accident in the manner specified in ORS 811.730
and under the circumstances specified in ORS 811.730.
(c) If the property damage is to property other than a vehicle
involved in the accident, each driver involved in the accident
must report the accident in the manner specified under ORS
811.725 and each owner of a vehicle involved in the accident must
report the accident in the manner specified in ORS 811.730 and
under the circumstances specified in ORS 811.730.
(d) If a vehicle involved in the accident is damaged to the
extent that the vehicle must be towed from the scene of the
accident, each driver involved in the accident must report the
accident in the manner specified under ORS 811.725 and each owner
of a vehicle involved in the accident must report the accident in
the manner specified in ORS 811.730 and under the circumstances
specified in ORS 811.730.
(3) The dollar amount specified in subsection (2) of this
section may be increased every five years by the Department of
Transportation based upon any increase in the Portland-Salem
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest $100.
(4) The following are exempt from the reporting requirements of
this section:
Enrolled Senate Bill 405 (SB 405-A) Page 43
(a) Operators of snowmobiles, Class I all-terrain vehicles or
Class III all-terrain vehicles.
(b) A law enforcement official acting in the course of official
duty if the accident involved a law enforcement official
performing a lawful intervention technique or a law enforcement
official and a person acting during the commission of a criminal
offense. As used in this paragraph:
(A) 'Law enforcement official' means a person who is
responsible for enforcing the criminal laws of this state or a
political subdivision of this state and who is employed or
volunteers:
(i) As a peace officer commissioned by a city, { + university
that has established a police department under section 1 of this
2011 Act, + } port, school district, mass transit district,
county or county service district authorized to provide law
enforcement services under ORS 451.010;
(ii) With the Department of State Police or the Criminal
Justice Division of the Department of Justice; or
(iii) As an investigator of a district attorney's office, if
the investigator is certified as a peace officer in this state.
(B) 'Lawful intervention technique' means a method by which one
motor vehicle causes, or attempts to cause, another motor vehicle
to stop.
SECTION 50. ORS 811.745 is amended to read:
811.745. (1) Except as provided in subsection (4) of this
section, any accident occurring on a highway or upon premises
open to the public resulting in injury or death to any person is
subject to the reporting requirements under the following
sections:
(a) The reporting requirements for drivers under ORS 811.748.
(b) The reporting requirements for occupants of vehicles in
accidents under ORS 811.750.
(2) Except as provided in subsection (4) of this section, an
accident occurring on a highway or upon premises open to the
public resulting in damage to the property of any person in
excess of $1,500 is subject to the following reporting
requirements:
(a) The driver of a vehicle that has more than $1,500 damage
must report the accident in the manner specified under ORS
811.748.
(b) If the property damage is to property other than a vehicle
involved in the accident, each driver involved in the accident
must report the accident in the manner specified under ORS
811.748.
(c) If a vehicle involved in the accident is damaged to the
extent that the vehicle must be towed from the scene of the
accident, each driver involved in the accident must report the
accident in the manner specified under ORS 811.748.
(3) The dollar amount specified in subsection (2) of this
section may be increased every five years by the Department of
Transportation based upon any increase in the Portland-Salem
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor or its successor during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest $100.
(4) The following are exempt from the reporting requirements of
this section:
(a) Operators of snowmobiles, Class I all-terrain vehicles or
Class III all-terrain vehicles.
Enrolled Senate Bill 405 (SB 405-A) Page 44
(b) A law enforcement official acting in the course of official
duty if the accident involved a law enforcement official
performing a lawful intervention technique or involved a law
enforcement official and a person acting during the commission of
a criminal offense. As used in this paragraph:
(A) 'Law enforcement official' means a person who is
responsible for enforcing the criminal laws of this state or a
political subdivision of this state and who is employed or
volunteers:
(i) As a peace officer commissioned by a city, port, { +
university that has established a police department under section
1 of this 2011 Act, + } school district, mass transit district,
county or service district authorized to provide law enforcement
services under ORS 451.010;
(ii) With the Department of State Police or the Criminal
Justice Division of the Department of Justice; or
(iii) As an investigator of a district attorney's office, if
the investigator is certified as a peace officer in this state.
(B) 'Lawful intervention technique' means a method by which one
motor vehicle causes, or attempts to cause, another motor vehicle
to stop.
(5) The reporting requirements under this section are in
addition to, and not in lieu of, the reporting requirements under
ORS 811.720.
SECTION 51. ORS 811.747 is amended to read:
811.747. As used in ORS 811.748 and 811.750:
(1) '9-1-1 emergency reporting system' has the meaning given
that term in ORS 403.105.
(2) 'Law enforcement agency' means any agency that employs
members of the Oregon State Police, a sheriff, a deputy sheriff,
a city police officer { + , a police officer commissioned by a
university under section 1 of this 2011 Act + } or a law
enforcement officer employed by a service district established
under ORS 451.410 to 451.610 for the purpose of law enforcement
services.
SECTION 52. ORS 823.081 is amended to read:
823.081. (1) The Department of Transportation shall inquire
into any neglect or violation of any law of this state, or any
law or ordinance of any municipality thereof, relating to motor
carriers or railroads by any motor carrier or railroad doing
business therein, its officers, agents or employees and shall
enforce all laws of this state relating to motor carriers and
railroads and may enforce all such laws and ordinances of a
municipality. The department shall report all violations of any
such laws or ordinances to the Attorney General.
(2) The Attorney General, district attorney of each county,
{ - and - } all state, county and city police officers
{ + and police officers commissioned by a university under
section 1 of this 2011 Act + } shall assist the department in the
administration and enforcement of all laws related to motor
carriers and railroads administered by the department, and they,
as well as assistants and employees of the department, shall
inform against and diligently prosecute all persons whom they
have reasonable cause to believe guilty of the violation of any
such laws or of the rules, regulations, orders, decisions or
requirements of the department made pursuant thereto.
(3) Upon the request of the department, the Attorney General or
the district attorney of the proper county shall aid in any
investigation, hearing or trial, and shall institute and
prosecute all necessary suits, actions or proceedings for the
Enrolled Senate Bill 405 (SB 405-A) Page 45
enforcement of those laws and ordinances referred to in
subsection (1) of this section.
(4) Any forfeiture or penalty provided for in any law regarding
motor carriers or railroads administered by the department shall
be recovered by an action brought thereon in the name of the
State of Oregon in any court of appropriate jurisdiction or as
provided in ORS 183.745.
SECTION 53. ORS 830.005 is amended to read:
830.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Board' means the State Marine Board.
(2) 'Boat' means every description of watercraft, including a
seaplane on the water and not in flight, used or capable of being
used as a means of transportation on the water, but does not
include boathouses, floating homes, air mattresses, beach and
water toys or single inner tubes.
(3) 'Boating offense' means violation of any provision of law
that is made a crime or violation under the provisions of this
chapter.
(4) 'In flight' means from the moment a seaplane starts its
takeoff run until the end of a normal power-off landing run.
(5) 'Length' means the length of a boat measured from end to
end over the deck excluding sheer.
(6) 'Motorboat' means any boat propelled in whole or in part by
machinery, including boats temporarily equipped with detachable
motors.
(7) 'Navigable waters of the United States' means those waters
of the United States, including the territorial seas adjacent
thereto, the general character of which is navigable, and that,
either by themselves or by uniting with other waters, form a
continuous waterway on which boats or vessels may navigate or
travel between two or more states, or to and from foreign
nations.
(8) 'Operate' means to navigate or otherwise use a boat.
(9) 'Operator of a boat livery' means any person who is engaged
wholly or in part in the business of chartering or renting boats
to other persons.
(10) 'Passenger' means every person on board a boat who is not
the master, operator, crew member or other person engaged in any
capacity in the business of the boat.
(11) 'Peace officer' includes a member of the Oregon State
Police, a sheriff or deputy sheriff { - and - } { + , + } a
city police officer { + and a police officer commissioned by a
university under section 1 of this 2011 Act + }.
(12) 'State waters' means those waters entirely within the
confines of this state that have not been declared navigable
waters of the United States.
(13) 'Waters of this state' means all waters within the
territorial limits of this state, the marginal sea adjacent to
this state and the high seas when navigated as part of a journey
or ride to or from the shore of this state.
SECTION 54. Section 2, chapter 102, Oregon Laws 2010, is
amended to read:
{ + Sec. 2. + } (1) Except as provided in subsection (2) of
this section, it is an unlawful employment practice for an
employer to obtain or use for employment purposes information
contained in the credit history of an applicant for employment or
an employee, or to refuse to hire, discharge, demote, suspend,
retaliate or otherwise discriminate against an applicant or an
employee with regard to promotion, compensation or the terms,
Enrolled Senate Bill 405 (SB 405-A) Page 46
conditions or privileges of employment based on information in
the credit history of the applicant or employee.
(2) Subsection (1) of this section does not apply to:
(a) Employers that are federally insured banks or credit
unions;
(b) Employers that are required by state or federal law to use
individual credit history for employment purposes;
(c) The employment of a public safety officer who is a member
of a law enforcement unit, who is employed as a peace officer
commissioned by a city, port, school district, mass transit
district, county, { + university under section 1 of this 2011
Act, + } Indian reservation, the Criminal Justice Division of the
Department of Justice, the Oregon State Lottery Commission or the
Governor and who is responsible for enforcing the criminal laws
of this state or laws or ordinances related to airport security;
or
(d) The obtainment or use by an employer of information in the
credit history of an applicant or employee because the
information is substantially job-related and the employer's
reasons for the use of such information are disclosed to the
employee or prospective employee in writing.
(3) An employee or an applicant for employment may file a
complaint under ORS 659A.820 for violations of this section and
may bring a civil action under ORS 659A.885 and recover the
relief as provided by ORS 659A.885 (1) and (2).
(4) As used in this section, 'credit history' means any written
or other communication of any information by a consumer reporting
agency that bears on a consumer's creditworthiness, credit
standing or credit capacity.
SECTION 55. { + (1) Sections 1, 8, 10, 12 and 33 of this 2011
Act and the amendments to ORS 40.275, 44.550, 90.440, 124.050,
131.605, 133.005, 133.033, 133.318, 133.525, 133.721, 133.726,
136.595, 146.003, 147.425, 153.005, 153.630, 161.015, 163.730,
165.535, 180.320, 181.010, 181.610, 181.715, 181.781, 181.860,
236.350, 238.005, 238.608, 243.005, 348.270, 414.805, 419B.005,
419B.902, 420.905, 430.735, 441.630, 506.521, 609.652, 686.450,
756.160, 801.395, 810.410, 811.720, 811.745, 811.747, 823.081 and
830.005 and section 2, chapter 102, Oregon Laws 2010, by sections
2 to 7, 9, 11, 13 to 32 and 34 to 54 of this 2011 Act become
operative on January 1, 2012.
(2) The State Board of Higher Education and any university
under the control of the board may adopt rules or take any other
action before the operative date specified in subsection (1) of
this section that is necessary to enable the board or university
to exercise, on or after the operative date specified in
subsection (1) of this section, all the duties, functions and
powers conferred on the board or university by this 2011 Act. + }
SECTION 56. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
----------
Enrolled Senate Bill 405 (SB 405-A) Page 47
Passed by Senate April 18, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 14, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 405 (SB 405-A) Page 48
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 405 (SB 405-A) Page 49
