71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 163
 
LC 1331/SB 163-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 163
 
                    By COMMITTEE ON JUDICIARY
 
                              May 2
 
  On page 1 of the printed bill, delete lines 5 through 29 and
delete page 2 and insert:
  '  { +  SECTION 2. + }  { + (1) A law enforcement unit, as
defined in ORS 181.610, and all officers, employees and agents of
the law enforcement unit are immune from civil liability for
injury, death or damage arising out of the operation of a vehicle
during the pursuit of a person who has violated a law, or who is
suspected of having violated a law, if the law enforcement unit
has adopted a written policy for the safe conduct of vehicle
pursuits complying with subsection (3) of this section before the
injury, death or damage occurs.
  ' (2) The immunity provided by this section does not apply if:
  ' (a) The conduct of the officer, employee or agent of the law
enforcement unit constitutes an unjustifiable deviation from the
policy on vehicle pursuits adopted by the law enforcement unit;
and
  ' (b) The violation of the policy was the major cause of the
injury, death or damage.
  ' (3) For the purposes of this section, a written policy for
the safe conduct of vehicle pursuits must include:
  ' (a) A requirement that the pursuit be conducted under the
direction of a supervisor if a supervisor is available and able
to provide direction;
  ' (b) A description of the responsibilities of any supervisor
who is directing a pursuit, including a provision that gives the
supervisor authority to terminate a pursuit at any time;
  ' (c) Procedures for designating a primary pursuit vehicle and
for determining the total number of vehicles that will be
permitted to simultaneously participate in the pursuit;
  ' (d) Procedures for coordinating operations with other
jurisdictions;
  ' (e) Guidelines for pursuit operations and tactics; and
  ' (f) Guidelines for determining when the interests of public
safety and effective law enforcement justify initiating,
continuing and terminating a vehicle pursuit, giving
consideration to the seriousness of the offense, road and weather
conditions and the number of vehicles and pedestrians in the
vicinity.
  ' (4) The immunity provided by this section applies to claims
arising out of the operation of a motor vehicle by an officer,
employee or agent of a law enforcement unit and to claims arising
out of the operation of a motor vehicle by the person being
pursued.
  ' (5) A determination of whether a written policy has been
adopted in compliance with subsection (3) of this section is a
question of law that shall be determined by the court.
  ' (6) The immunity provided by this section is in addition to
any other immunity provided by law.
  ' (7) The failure of any law enforcement unit to adopt a
written policy under this section may not be introduced in any
action or proceeding against the law enforcement unit, or against
any officer, employee or agent of the law enforcement unit, that
seeks recovery for injury, death or damage arising out of the
operation of a vehicle during the pursuit of the person.
  ' (8) This section does not create a statutory cause of action,
or expand any common law cause of action, for any failure of a
law enforcement unit, as defined in ORS 181.610, to adopt a
written policy under this section, or for any failure of an
officer, employee or agent of a law enforcement unit to comply
with the written policy adopted by the law enforcement unit. + }
  '  { +  SECTION 3. + }  { + Section 2 of this 2001 Act applies
only to causes of action arising on or after the effective date
of this 2001 Act. + } ' .
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