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 2752
 
                         House Bill 2887
 
Sponsored by Representative BOWMAN
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires peace officer when making stop to provide person
stopped with business card containing officer's name, information
about agency employing officer and process for filing complaint.
 
                        A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 131.615 and 133.033.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 131.615 is amended to read:
  131.615. (1) A peace officer who reasonably suspects that a
person has committed or is about to commit a crime may stop the
person and, after informing the person that the peace officer is
a peace officer, make a reasonable inquiry.
  (2) The detention and inquiry shall be conducted in the
vicinity of the stop and for no longer than a reasonable time.
  (3) The inquiry shall be considered reasonable if it is limited
to:
  (a) The immediate circumstances that aroused the officer's
suspicion;
  (b) Other circumstances arising during the course of the
detention and inquiry that give rise to a reasonable suspicion of
criminal activity; and
  (c) Ensuring the safety of the officer, the person stopped or
other persons present, including an inquiry regarding the
presence of weapons.
  (4) The inquiry may include a request for consent to search in
relation to the circumstances specified in subsection (3) of this
section or to search for items of evidence otherwise subject to
search or seizure under ORS 133.535.
  (5) A peace officer making a stop may use the degree of force
reasonably necessary to make the stop and ensure the safety of
the peace officer, the person stopped or other persons who are
present.
   { +  (6) A peace officer making a stop shall provide the
person stopped with a business card containing:
  (a) The officer's name;
  (b) The name, address and telephone number of the law
enforcement agency employing the officer; and
  (c) A description of how the person can file a complaint about
the officer's actions. + }
  SECTION 2. 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.
   { +  (4) A peace officer who stops a person under this section
shall provide the person with a business card containing:
  (a) The officer's name;
  (b) The name, address and telephone number of the law
enforcement agency employing the officer; and
  (c) A description of how the person can file a complaint about
the officer's actions. + }
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