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 1418
 
                         House Bill 3535
 
Sponsored by Representative WESTLUND; Representatives HASS,
  KROPF, WILLIAMS, WILSON, Senators BURDICK, MILLER, MINNIS (at
  the request of Northwest Retail Loss Prevention Association)
 
 
                             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.
 
  Provides that activation of electronic article surveillance
system as person leaves store is probable cause for believing
person has committed theft of property of mercantile
establishment.
 
                        A BILL FOR AN ACT
Relating to theft of property; amending ORS 131.655.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 131.655 is amended to read:
  131.655. (1) Notwithstanding any other provision of law, a
peace officer, merchant or merchant's employee who has probable
cause for believing that a person has committed theft of property
of a store or other mercantile establishment may detain and
interrogate the person in regard thereto in a reasonable manner
and for a reasonable time.
  (2) If a peace officer, merchant or merchant's employee, with
probable cause for believing that a person has committed theft of
property of a store or other mercantile establishment, detains
and interrogates the person in regard thereto, and the person
thereafter brings against the peace officer, merchant or
merchant's employee any civil or criminal action based upon the
detention and interrogation, such probable cause shall be a
defense to the action, if the detention and interrogation were
done in a reasonable manner and for a reasonable time.
   { +  (3) In addition to the meaning given to the term
'probable cause' in ORS 131.005, the activation of an electronic
article surveillance system as the result of a person leaving a
mercantile establishment or a protected area within a mercantile
establishment constitutes probable cause for purposes of this
section. + }
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