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 541
 
                           A-Engrossed
 
                         House Bill 3857
                   Ordered by the House May 30
             Including House Amendments dated May 30
 
Sponsored by Representative DOYLE; Representatives ACKERMAN,
  BARNHART, PATRIDGE, RINGO, SHETTERLY, C WALKER, WILLIAMS, WITT
 
 
                             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.
 
    { - Prohibits attorney who represents governing body of
public body from representing public body in judicial or
quasi-judicial proceeding if any member of governing body is
party to proceeding and has adverse interests. - }
   { +  Authorizes attorneys for public bodies to direct, provide
legal advice for and participate in covert activities for purpose
of enforcing laws.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to attorneys for public bodies; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 9.460 to 9.542. + }
  SECTION 2.  { + (1) Notwithstanding ORS 9.527 (4), the
attorneys listed in subsection (2) of this section:
  (a) May provide legal advice and direction to the officers and
employees of a public body, as defined in ORS 192.410, or to the
officers and employees of the federal government, on conducting
covert activities for the purpose of enforcing laws, even though
the activities may require the use of deceit or
misrepresentation; and
  (b) May participate in covert activities that are conducted by
public bodies, as defined in ORS 192.410, for the purpose of
enforcing laws, or in covert activities that are conducted by the
federal government for the purpose of enforcing laws, even though
the participation may require the use of deceit or
misrepresentation.
  (2) The provisions of this section apply to the Attorney
General, the Deputy Attorney General, assistant attorneys
general, district attorneys, deputy district attorneys and any
other attorney employed by, or working on behalf of, a public
body, as defined in ORS 192.410, or the federal government. + }
  SECTION 3.  { + 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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