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 678
 
                           A-Engrossed
 
                         Senate Bill 291
                 Ordered by the Senate April 18
           Including Senate Amendments dated April 18
 
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.
 
 { +
  Requires applicant for certification as armed private security
officer to be at least 21 years of age. + } Allows persons with
certain controlled substance convictions to be certified as
private security officers. Requires applicants for certification
to complete assessment module. Modifies required refresher course
frequency for private security officers.
 
                        A BILL FOR AN ACT
Relating to private security service providers; creating new
  provisions; and amending ORS 181.875, 181.876 and 181.883.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 181.875 is amended to read:
  181.875. An applicant for certification as a private security
officer { + : + }   { - or licensure as a proprietary security
manager or security contractor: - }
  (1) Must be { + : + }   { - at least 18 years of age; - }
   { +  (a) At least 18 years of age, if an applicant for
certification as an unarmed private security officer; or
  (b) At least 21 years of age, if an applicant for certification
as an armed private security officer; + }
  (2) Must have satisfactorily completed the training
requirements as specified in ORS 181.883; and
  (3) Must not:
  (a) Have been convicted of a person felony, as defined in the
rules of the Oregon Criminal Justice Commission, in this or any
other jurisdiction;
  (b) Within the 10-year period prior to applying for
certification or licensure, have been:
  (A) Incarcerated, placed on probation or paroled as the result
of conviction of any felony, other than those described in
paragraph (a) of this subsection, in this or any other
jurisdiction;
 
  (B) Convicted of violating ORS 162.075, 162.085, 163.415,
163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677
(1993 Edition), 163.680 (1993 Edition), 167.007, 167.062,
167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent
crime in another jurisdiction; or
  (C) Convicted of   { - violating any law of - }   { + any
felony or misdemeanor in + } this or another jurisdiction
involving the unlawful use, possession, delivery or manufacture
of a controlled substance;
  (c) Within a time period prior to applying for certification or
licensure as established by rule by the Board on Public Safety
Standards and Training, have been convicted of a misdemeanor
determined by the board to bear such a relationship to the
performance of security services as to constitute a
disqualification for certification or licensure under ORS
181.878; or
  (d) Be required to register or be registered as a sex offender
under ORS 181.595, 181.596 or 181.597.
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 181.870 to 181.889. + }
  SECTION 3.  { + An applicant for licensure as a proprietary
security manager or security contractor must meet the
qualifications set forth in ORS 181.875. + }
  SECTION 4. ORS 181.876 is amended to read:
  181.876. (1) An applicant for certification as a private
security officer shall submit an application to the Department of
Public Safety Standards and Training. The application must be in
writing under oath to the department:
  (a) Stating the applicant's:
  (A) Name;
  (B) Birthdate;
  (C) Citizenship;
  (D) Physical description;
  (E) Current residence;
  (F) Residence for the preceding 10 years;
  (G) Current employment; and
  (H) Employment for the preceding 10 years;
  (b) Including a statement that the applicant has not been:
  (A) Convicted of a person felony in this or any other
jurisdiction;
  (B) Within the 10-year period prior to applying for
certification:
  (i) Incarcerated, placed on probation or paroled as the result
of conviction of a felony, other than those described in
subparagraph (A) of this paragraph, in this or any other
jurisdiction;
  (ii) Convicted of violating ORS 162.075, 162.085, 163.415,
163.435, 163.672 (1993 Edition), 163.673 (1993 Edition), 163.677
(1993 Edition), 163.680 (1993 Edition), 167.007, 167.062,
167.065, 167.070, 167.075, 167.080 or 167.087 or an equivalent
crime in another jurisdiction; or
  (iii) Convicted of   { - violating any law of - }   { + any
felony or misdemeanor in + } this or another jurisdiction
involving the unlawful use, possession, delivery or manufacture
of a controlled substance; or
  (C) Within the time period established under ORS 181.875
(3)(c), convicted of a misdemeanor determined under ORS 181.875
(3)(c);
  (c) Including a statement that the applicant is not required to
register or be registered as a sex offender under ORS 181.595,
181.596 or 181.597;
  (d) Including a statement affirming the truth of all
information contained in the application; and
  (e) Including such other information as required by the board.
  (2) The application must be accompanied by:
 
  (a) Written verification from the providers of the training of
satisfactory completion of the training required by ORS 181.883;
and
  (b) Character references from at least three reputable
citizens, each of whom has known the applicant for at least five
years preceding the application and none of whom are related to
the applicant by blood or marriage.
  SECTION 5. ORS 181.883 is amended to read:
  181.883. (1) The training requirements for certification as an
unarmed private security officer are:
  (a) Eight hours of basic classroom instruction including, but
not limited to:
  (A) The legal powers and limitations of a private security
officer including, but not limited to, the laws regarding arrest,
search and seizure and the appropriate use of force;
  (B) Fire detection and reporting and safety issues;
  (C) When and how to notify public authorities;
  (D) The techniques of observing and reporting incidents and how
to prepare an incident report;
  (E) The fundamentals of patrolling; and
  (F) Deportment and ethics;
  (b) Successful completion of a written examination covering the
classroom materials described in paragraph (a)(A) to (E) of this
subsection; and
  (c) Four hours of   { - on-the-job training - }   { + an
assessment module + }.
  (2) The training requirements for certification as an armed
private security officer are:
  (a) The requirements in subsection (1) of this section;
  (b) Fifteen hours of weapons instruction and successful
completion of a written examination covering:
  (A) The legal limitations on the use of weapons;
  (B) Weapons handling; and
  (C) Weapon safety and maintenance; and
  (c) A minimum marksmanship qualification score of 70 percent on
a firearms qualification course and target designated by the
Department of Public Safety Standards and Training.
  (3) In addition to the basic requirements set out in
subsections (1) and (2) of this section:
  (a) Persons certified as unarmed  { + or armed + } private
security officers   { - annually - }   { + biennially + } shall
complete a four-hour refresher course on the subjects listed in
subsection (1)(a) of this section; and
  (b) Persons certified as armed private security officers
annually shall complete { + : + }  { - , in addition to the
four-hour refresher course required by paragraph (a) of this
subsection: - }
  (A) A refresher course in the subjects listed in subsection
(2)(b) of this section; and
  (B) Requalification in the use of firearms as provided in
subsection (2)(c) of this section.
  (4)(a) A person may challenge the eight-hour basic classroom
instruction component of the training requirements as described
in subsection (1)(a) of this section if the person:
  (A) Has two or more years of experience in the field of law
enforcement, military police or private security; or
  (B) Has received any private security or law enforcement
training.
  (b) The person may challenge the eight-hour basic classroom
instruction component only once. To successfully challenge the
classroom instruction component, the person must successfully
complete the written examination and assessment required by the
rules of the department and administered by a certified private
security instructor. If the person fails to obtain a passing
score on the written examination, the person is required to
 
attend the eight-hour basic classroom instruction component of
the training and pass the written examination.
  (c) A person who successfully challenges the basic classroom
instruction component of the training:
  (A) Is required to successfully complete   { - applicable state
certified on-the-job training - }   { + the assessment
module + }; and
  (B) Must be given a private security student workbook that
contains the curriculum of the basic classroom instruction
component to serve as a resource for the person.
  (d) This subsection is intended to recognize formal education
and work experience.
   { +  (5) As used in this section, 'assessment module' means a
four-hour curriculum given to armed and unarmed private security
officers that includes but is not limited to demonstration of
task-related skills learned in the eight-hour basic classroom
instruction as applied to hypothetical situations. + }
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