Chapter 654 Oregon Laws 2001

AN ACT

SB 290

Relating to Department of Public Safety Standards and Training; amending ORS 181.662, 181.875 and 181.876; and repealing section 4, chapter 288, Oregon Laws 2001 (Enrolled Senate Bill 291).

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 181.662 is amended to read:

181.662. (1) The Department of Public Safety Standards and Training may deny or revoke the certification of any instructor or public safety officer, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.

(b) The public safety officer or instructor has been convicted of a crime in this state or any other jurisdiction.

(c) The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d).

(2) The department may deny or revoke the certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The fire service professional falsified any information submitted on the application for certification or on any documents submitted to the board or the department; or

(b) The fire service professional has been discharged for cause from employment in the fire service.

(3) The department shall deny or revoke the certification of any public safety officer, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that[:]

[(a)] the public safety officer or instructor has been discharged for cause from employment as a public safety officer.

[(b) The public safety officer or instructor has been convicted while employed by a law enforcement unit or public or private safety agency in this state or any other jurisdiction of a crime designated under the law where the conviction occurred as being punishable as a felony or as a crime for which a maximum term of imprisonment of more than one year may be imposed.]

[(c) The public safety officer or instructor has been convicted of violating any law of this state or any other jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance, narcotic or dangerous drug.]

[(d) The public safety officer or instructor has been convicted in this state of violating ORS 162.065, 162.075, 162.085, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465, 163.515, 163.525, 163.575, 163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 167.007, 167.012, 167.017, 167.065, 167.070, 167.075 or 167.080 or has been convicted of violating the statutory counterpart of any of those offenses in any other jurisdiction.]

(4) The department, in consultation with the board, shall adopt rules specifying those crimes for which a conviction requires the denial or revocation of the certification of a public safety officer or instructor.

[(4)] (5) The department shall deny or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).

SECTION 2. ORS 181.875 is amended to read:

181.875. (1) An applicant for certification as a private security officer or licensure as a proprietary security manager or security contractor:

[(1)] (a) Must be at least 18 years of age;

[(2)] (b) Must have satisfactorily completed the training requirements as specified in ORS 181.883; and

[(3)] (c) Must not[:]

[(a) Have been convicted of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, in this or any other jurisdiction;]

[(b) Within the 10-year period prior to applying for certification or licensure, have been:]

[(A) Incarcerated, placed on probation or paroled as the result of conviction of any felony, other than those described in paragraph (a) of this subsection, in this or any other jurisdiction;]

[(B) Convicted of violating ORS 162.075, 162.085, 163.415, 163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677 (1993 Edition), 163.680 (1993 Edition), 167.007, 167.062, 167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent crime in another jurisdiction; or]

[(C) Convicted of violating any law of this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance;]

[(c) Within a time period prior to applying for certification or licensure as established by rule by the Board on Public Safety Standards and Training, have been convicted of a misdemeanor determined by the board to bear such a relationship to the performance of security services as to constitute a disqualification for certification or licensure under ORS 181.878; or]

[(d)] be required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597.

(2) The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall adopt rules specifying those crimes for which a conviction requires the denial or revocation of certification or licensure as a private security officer, proprietary security manager, security contractor or instructor.

SECTION 2a. If Senate Bill 291 becomes law, section 2 of this 2001 Act (amending ORS 181.875) is repealed and ORS 181.875, as amended by section 1, chapter 288, Oregon Laws 2001 (Enrolled Senate Bill 291), is amended to read:

181.875. (1) An applicant for certification as a private security officer:

[(1)] (a) Must be:

[(a)] (A) At least 18 years of age, if an applicant for certification as an unarmed private security officer; or

[(b)] (B) At least 21 years of age, if an applicant for certification as an armed private security officer;

[(2)] (b) Must have satisfactorily completed the training requirements as specified in ORS 181.883; and

[(3)] (c) Must not[:]

[(a) Have been convicted of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, in this or any other jurisdiction;]

[(b) Within the 10-year period prior to applying for certification or licensure, have been:]

[(A) Incarcerated, placed on probation or paroled as the result of conviction of any felony, other than those described in paragraph (a) of this subsection, in this or any other jurisdiction;]

[(C) Convicted of any felony or misdemeanor in this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance;]

[(d)] be required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597.

SECTION 2b. If Senate Bill 591 becomes law and Senate Bill 291 does not become law, section 2 of this 2001 Act (amending ORS 181.875) is repealed and ORS 181.875, as amended by section 4, chapter 498, Oregon Laws 2001 (Enrolled Senate Bill 591), is amended to read:

181.875. (1) An applicant for certification as a private security officer or licensure as a proprietary security manager, security contractor or supervisory manager:

[(1)] (a) Must be at least 18 years of age;

[(2)] (b) Must have satisfactorily completed the training requirements as specified in ORS 181.883; and

[(3)] (c) Must not[:]

[(a) Have been convicted of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, in this or any other jurisdiction;]

[(b) Within the 10-year period prior to applying for certification or licensure, have been:]

[(A) Incarcerated, placed on probation or paroled as the result of conviction of any felony, other than those described in paragraph (a) of this subsection, in this or any other jurisdiction;]

[(C) Convicted of violating any law of this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance;]

[(d)] be required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597.

SECTION 3. ORS 181.876 is amended to read:

181.876. (1) An applicant for certification as a private security officer shall submit an application to the Department of Public Safety Standards and Training. The application must be in writing under oath to the department:

(a) Stating the applicant’s:

(A) Name;

(B) Birthdate;

(D) Physical description;

(E) Current residence;

(F) Residence for the preceding 10 years;

(G) Current employment; and

(H) Employment for the preceding 10 years;

(b) Including a statement [that the applicant has not been:]

[(A) Convicted of a person felony in this or any other jurisdiction;]

[(B) Within the 10-year period prior to applying for certification:]

[(i) Incarcerated, placed on probation or paroled as the result of conviction of a felony, other than those described in subparagraph (A) of this paragraph, in this or any other jurisdiction;]

[(ii) Convicted of violating ORS 162.075, 162.085, 163.415, 163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677 (1993 Edition), 163.680 (1993 Edition), 167.007, 167.062, 167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent crime in another jurisdiction; or]

[(iii) Convicted of violating any law of this or another jurisdiction involving the unlawful use, possession, delivery or manufacture of a controlled substance; or]

[(C) Within the time period established under ORS 181.875 (3)(c), convicted of a misdemeanor determined under ORS 181.875 (3)(c)] listing all offenses of which the applicant has been convicted;

(c) Including a statement that the applicant is not required to register or be registered as a sex offender under ORS 181.595, 181.596 or 181.597;

(d) Including a statement affirming the truth of all information contained in the application; and

(e) Including such other information as required by the Board on Public Safety Standards and Training.

(2) The application must be accompanied by:

(a) Written verification from the providers of the training of satisfactory completion of the training required by ORS 181.883; and

(b) Character references from at least three reputable citizens, each of whom has known the applicant for at least five years preceding the application and none of whom are related to the applicant by blood or marriage.

SECTION 3a. If Senate Bill 291 becomes law, section 4, chapter 288, Oregon Laws 2001 (Enrolled Senate Bill 291) (amending ORS 181.876), is repealed.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 28, 2001

Effective date January 1, 2002

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