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 677
Senate Bill 290
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Public Safety Standards and Training)
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.
Gives Department of Public Safety Standards and Training
discretion to deny certification to certain public safety
officers convicted of possession of less than one ounce of
marijuana. Adds crimes that disqualify certain public safety
officers from certification.
A BILL FOR AN ACT
Relating to Department of Public Safety Standards and Training;
amending ORS 181.662.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.662 is amended to read:
181.662. (1) The Department of Public Safety Standards and
Training may deny or revoke the certification of any instructor
or public safety officer, except a youth correction officer or
fire service professional, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
(a) The public safety officer or instructor falsified any
information submitted on the application for certification or on
any documents submitted to the Board on Public Safety Standards
and Training or the department.
(b) The public safety officer or instructor has been convicted
of a crime in this state or any other jurisdiction.
(c) The public safety officer or instructor does not meet the
applicable minimum standards, minimum training or the terms and
conditions established under ORS 181.640 (1)(a) to (d).
(2) The department may deny or revoke the certification of any
fire service professional after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
(a) The fire service professional falsified any information
submitted on the application for certification or on any
documents submitted to the board or the department; or
(b) The fire service professional has been discharged for cause
from employment in the fire service.
(3) { + Except as provided in subsection (5) of this
section, + } the department shall deny or revoke the
certification of any public safety officer, except a youth
correction officer or fire service professional, after written
notice and hearing consistent with the provisions of ORS 181.661,
based upon a finding that:
(a) The public safety officer or instructor has been discharged
for cause from employment as a public safety officer.
(b) The public safety officer or instructor has been convicted
while employed by a law enforcement unit or public or private
safety agency in this state or any other jurisdiction of a crime
designated under the law where the conviction occurred as being
punishable as a felony or as a crime for which a maximum term of
imprisonment of more than one year may be imposed.
(c) The public safety officer or instructor has been convicted
of violating any law of this state or any other jurisdiction
involving the unlawful use, possession, delivery or manufacture
of a controlled substance, narcotic or dangerous drug.
(d) The public safety officer or instructor has been convicted
in this state of violating ORS 162.065, 162.075, 162.085,
{ + 162.145, 162.235, 162.315, 162.335, 162.355, 162.365,
162.369, 162.375, 162.385, 162.405, 162.415, 163.190, 163.200,
163.208, 163.212, + } 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, { + 163.545,
+ }163.575, 163.670, 163.675 (1985 Replacement Part), 163.680
(1993 Edition), 163.684, 163.686, { + 163.687, 163.693, 164.045,
164.235, 165.007, 165.017, 165.037, 165.042, 165.080, 165.095,
165.100, 165.102, 165.577, 166.155, 166.350, 166.416, 166.418,
166.425, 166.427, 166.480, + } 167.007, 167.012, 167.017,
{ + 167.062, + } 167.065, 167.070, 167.075 { + , + }
{ - or - } 167.080 { + , 167.087, 167.090, 167.122, 167.132,
167.147, 167.222, 167.262, 167.320, 167.352, 167.355, 167.820 or
475.960 or has been convicted of a misdemeanor assault involving
domestic violence under ORS 163.160 + }or has been convicted of
violating the statutory counterpart of any of those offenses in
any other jurisdiction.
(4) The department shall deny or revoke the accreditation of a
training or educational program or any course, subject, facility
or instruction thereof if the program, course, subject, facility
or instruction is not in compliance with rules adopted or
conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).
{ + (5) The department may deny the certification of any
public safety officer or instructor, except a youth correction
officer or fire service professional, after written notice and
hearing consistent with the provisions of ORS 181.661, based upon
a finding that the public safety officer or instructor has been
convicted of possession of less than one ounce of marijuana. + }
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