71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 517
 
                           A-Engrossed
 
                         House Bill 2441
                  Ordered by the House April 6
            Including House Amendments dated April 6
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Legislative Counsel
  Committee for Representative Vicki Walker)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Requires police officers to make reports of specified
information after traffic stops. Requires law enforcement
agencies to submit compilation of data received from police
officers to Oregon Criminal Justice Commission. Requires Oregon
Criminal Justice Commission to report findings on data annually
to Governor and Legislative Assembly. Requires law enforcement
agencies to adopt specified policies on traffic stops. - }  { +
Declares state goal that all law enforcement agencies refrain
from inappropriate use of race, color or national origin as basis
for law enforcement actions. Creates Law Enforcement Contacts
Policy and Data Review Committee. Requires committee to assist
state and local law enforcement agencies in achieving goal of
Act. Requires committee to solicit demographic data concerning
law enforcement stops and other contacts from state and local law
enforcement agencies.  Requires data analyzed by committee to
contain specified information. Prescribes related duties.
  Requires Oregon Criminal Justice Commission to provide moneys
to committee.
  Sunsets December 31, 2007.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to law enforcement stops; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds and declares
that:
  (1) Surveys of the trust and confidence placed by Oregonians in
state and local law enforcement indicate that there are
Oregonians who believe that some law enforcement agencies have
engaged in practices that inequitably and unlawfully discriminate
against individuals solely on the basis of their race, color or
national origin.
  (2) State and local law enforcement agencies can perform their
missions more effectively when all Oregonians have trust and
confidence that law enforcement stops and other contacts with
individuals are free from inequitable and unlawful discrimination
based on race, color or national origin.
  (3) Representatives of community interest groups and state and
local law enforcement agencies agree that collecting certain
demographic data about contacts between individuals and state or
local law enforcement officers will provide a statistical
foundation to ensure that future contacts are free from
inequitable and unlawful discrimination based on race, color or
national origin.
  (4) Demographic data collection can establish a factual and
quantifiable foundation for measuring progress in eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals, but data
collection alone does not provide a sufficient basis for
corrective action. Proper analysis of the demographic data and
enactment of meaningful reforms in response to the results of
that analysis require careful consideration of all relevant
factors including the context of the community in which the data
has been collected.
  (5) It is the goal of this state that all law enforcement
agencies perform their missions without inappropriate use of
race, color or national origin as the basis for law enforcement
actions.  This goal may be achieved by providing assistance to
state and local law enforcement agencies and the communities that
they serve.
  (6) This state shall foster, encourage and support the
collection and analysis of demographic data by state and local
law enforcement agencies. + }
  SECTION 2.  { + (1) There is created the Law Enforcement
Contacts Policy and Data Review Committee consisting of 11
members appointed by the Governor on or before October 1, 2001.
  (2) The purpose of the committee is to receive and analyze
demographic data to ensure that law enforcement agencies perform
their missions without inequitable or unlawful discrimination
based on race, color or national origin.
  (3) To achieve its purpose, the committee shall collect and
analyze demographic data to:
  (a) Provide information to assist communities and state and
local law enforcement agencies in evaluating the policies,
training and procedures of law enforcement agencies regarding the
treatment of individuals during stops and other contacts with law
enforcement;
  (b) Inform state and local law enforcement agencies and
communities about law enforcement practices; and
  (c) Provide opportunities for communities and state and local
law enforcement agencies to work together to increase public
trust and confidence in law enforcement and to enhance the
capacity of communities and law enforcement agencies to provide
more effective public safety services.
  (4) The committee shall:
  (a) Solicit demographic data concerning law enforcement stops
and other contacts between state and local law enforcement
agencies and individuals;
  (b) Publicize programs, procedures and policies from
communities that have made progress towards eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals;
  (c) Provide technical assistance, including refinement of the
minimum data elements as necessary for effective analysis, to
state and local law enforcement agencies that desire to begin
collecting demographic data;
  (d) Provide technical assistance to communities and state and
local law enforcement agencies that desire to engage in local
efforts to involve individuals in the establishment and
implementation of programs, procedures and policies that will
advance the goal of section 1 of this 2001 Act;
  (e) Obtain resources for independent analysis and
interpretation of demographic data collected by state or local
law enforcement agencies;
  (f) Accept and analyze demographic data collected by a state or
local law enforcement agency if requested by a state or local law
enforcement agency and if resources are available; and
  (g) Report to the public the results of analyses of demographic
data.
  (5) In carrying out its purpose, the committee may not receive
or analyze any data unless the data for each reported contact
includes at least the following information:
  (a) The reason for the law enforcement stop or other contact;
  (b) The law enforcement officer's perception of the race, color
or national origin of the individual involved in the contact;
  (c) The individual's gender;
  (d) The individual's age;
  (e) Whether a search was conducted in connection with the
contact, and if so, what resulted from the search;
  (f) The disposition of the law enforcement action, if any,
resulting from the contact; and
  (g) Additional data as recommended by the committee that state
and local law enforcement agencies should collect and submit.
  (6) Data received by the committee for analysis under this
section may not identify a particular law enforcement officer or
a particular individual whose demographic data is collected by a
state or local law enforcement agency.
  (7) Members of the committee shall appoint a chairperson from
the members of the committee. Members of the committee are not
entitled to compensation or expenses and shall serve on the
committee on a volunteer basis.
  (8) The Oregon Criminal Justice Commission shall provide
administrative support staff necessary to the performance of the
functions of the committee.
  (9) All agencies, departments and officers of this state are
directed to assist the committee in the performance of its
functions and to furnish such information and advice as the
members of the committee consider necessary to perform their
functions.
  (10) The committee shall make findings and issue
recommendations for action to achieve the purpose of this
section.  The committee shall submit a report containing its
findings and recommendations to the appropriate interim
legislative committees on or before December 1, 2002, and
annually thereafter on or before December 1.
  (11) After completion of the analysis of the data from at least
two state or local law enforcement agencies, the committee may
recommend the collection of additional data elements.
  (12) This section does not prohibit a state or local law
enforcement agency from collecting data in addition to the
minimum information required in subsection (5) of this
section. + }
  SECTION 3.  { + The Oregon Criminal Justice Commission shall
provide $300,000 to the Law Enforcement Contacts Policy and Data
Review Committee for the purposes of section 2 of this 2001 Act
from moneys allocated to the Oregon Criminal Justice Commission
by the Legislative Assembly for the biennium beginning July 1,
2001. + }
  SECTION 4.  { + The Oregon Criminal Justice Commission may
accept contributions of funds from the United States, its
agencies, or from any other source, public or private, and agree
to conditions thereon not inconsistent with the purposes of the
Law Enforcement Contacts Policy and Data Review Committee. + }
  SECTION 5.  { + All moneys received by the Oregon Criminal
Justice Commission under section 4 of this 2001 Act shall be paid
into the State Treasury and deposited into the General Fund to
the credit of the Oregon Criminal Justice Commission. Such moneys
are appropriated continuously to the Oregon Criminal Justice
Commission for the purposes of section 2 of this 2001 Act. + }
  SECTION 6.  { + The Law Enforcement Contacts Policy and Data
Review Committee shall assist the Oregon Progress Board in the
creation and adoption of goals as provided in ORS 285A.168 to
measure progress toward the purpose of the committee under
section 2 of this 2001 Act. + }
  SECTION 7.  { + Sections 1 to 6 of this 2001 Act are repealed
on December 31, 2007. + }
  SECTION 8.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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