71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2409
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Lane
Shetterly for Oregon Association of Chiefs of Police, Oregon
State Sheriffs Association)
CHAPTER ................
AN ACT
Relating to courtroom security; creating new provisions; and
amending ORS 166.360.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 166.360 is amended to read:
166.360. As used in ORS 166.360 to 166.380, unless the context
requires otherwise:
(1) 'Capitol building' means the Capitol, the State Office
Building, the State Library Building, the Labor and Industries
Building, the State Transportation Building, the Agriculture
Building or the Public Service Building and includes any new
buildings which may be constructed on the same grounds as an
addition to the group of buildings listed in this subsection.
(2) 'Court facility' means a { - county - } courthouse or
that portion of any other building occupied by a { - court - }
{ + circuit court, the Court of Appeals, the Supreme Court or
the Oregon Tax Court + } or occupied by personnel related to
{ - court - } { + the + } operations { + of those courts + },
or in which activities related to { - court - } { + the + }
operations { + of those courts + } take place.
(3) 'Loaded firearm' means:
(a) A breech-loading firearm in which there is an unexpended
cartridge or shell in or attached to the firearm including but
not limited to, in a chamber, magazine or clip which is attached
to the firearm.
(b) A muzzle-loading firearm which is capped or primed and has
a powder charge and ball, shot or projectile in the barrel or
cylinder.
(4) 'Public building' means a hospital, a capitol building, a
public or private school, as defined in ORS 339.315, a college or
university, a city hall or the residence of any state official
elected by the state at large, and the grounds adjacent to each
such building. The term also includes that portion of any other
building occupied by an agency of the state or a municipal
corporation, as defined in ORS 297.405, other than a court
facility.
(5) 'Weapon' means:
(a) A firearm;
(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or
any similar instrument or a knife other than an ordinary pocket
Enrolled House Bill 2409 (HB 2409-A) Page 1
knife, the use of which could inflict injury upon a person or
property;
(c) Mace, tear gas, pepper mace or any similar deleterious
agent as defined in ORS 163.211;
(d) An electrical stun gun or any similar instrument;
(e) A tear gas weapon as defined in ORS 163.211;
(f) A club, bat, baton, billy club, bludgeon, knobkerrie,
nunchaku, nightstick, truncheon or any similar instrument, the
use of which could inflict injury upon a person or property; or
(g) A dangerous or deadly weapon as those terms are defined in
ORS 161.015.
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS 166.360 to 166.380. + }
SECTION 3. { + (1) Notwithstanding ORS 166.370 (2) and except
as provided in subsection (2) of this section, a peace officer,
as defined in ORS 161.015, or a federal officer, as defined in
ORS 133.005, may possess a weapon in a court facility if the
officer:
(a) Is acting in an official capacity and is officially on
duty;
(b) Is carrying a weapon that the employing agency of the
officer has authorized the officer to carry; and
(c) Is in compliance with any security procedures established
under subsections (3) and (4) of this section.
(2) A judge may prohibit a peace officer or a federal officer
from possessing a weapon in a courtroom. A notice of the
prohibition of the possession of a weapon by an officer in a
courtroom must be posted outside the entrance to the courtroom.
(3) A presiding judge of a judicial district may establish
procedures regulating the possession of a weapon in a court
facility by a peace officer or a federal officer subject to the
following:
(a) The procedures must be established through a state court
security improvement plan under ORS 1.180; and
(b) Notice of the procedures must be posted at the entrance to
the court facility, or at an entrance for peace officers or
federal officers if the entrance is separate from the entrance to
the court facility, and at a security checkpoint in the court
facility.
(4) A judge may establish procedures regulating the possession
of a weapon in a courtroom by a peace officer or a federal
officer. A notice of the procedures regulating the possession of
a weapon by an officer must be posted outside the entrance to the
courtroom. + }
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Enrolled House Bill 2409 (HB 2409-A) Page 2
Passed by House March 28, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 2001
...........................................................
President of Senate
Enrolled House Bill 2409 (HB 2409-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2409 (HB 2409-A) Page 4