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 676
B-Engrossed
Senate Bill 415
Ordered by the House May 18
Including Senate Amendments dated March 21 and
House Amendments dated May 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.
Extends period of employment before certification of certain
public safety personnel required. { + Allows corrections
employees, certified reserve officers, telecommunicators and
emergency medical dispatchers to participate in confidential peer
support counseling sessions. + }
A BILL FOR AN ACT
Relating to public safety personnel; amending ORS 181.644,
181.653, 181.665 and 181.860.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.644 is amended to read:
181.644. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a telecommunicator or emergency medical
dispatcher by any public or private public safety agency for more
than { - one year - } { + 18 months + } unless the person has
been certified as being qualified as a telecommunicator or
emergency medical dispatcher under the provisions of ORS 181.610
to 181.712 and the certification has neither lapsed nor been
revoked pursuant to ORS 181.661, 181.662 and 181.664 (1) and not
been reissued under ORS 181.664.
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a telecommunicator or an emergency medical dispatcher without
certification. The grant or denial of such an extension is with
the sole discretion of the department.
SECTION 2. ORS 181.653 is amended to read:
181.653. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a parole and probation officer for more than
{ - one year - } { + 18 months + } unless the person is a
citizen of the United States, and:
(a) The person has been certified as being qualified as a
parole and probation officer under provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not reissued
under ORS 181.664 (2); or
(b) The person is exempted from the certification requirement
under ORS 181.660.
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a parole and probation officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
(3) The certification of a parole and probation officer shall
lapse upon the passage of more than three consecutive months
during which period the officer is not employed as a parole and
probation officer, unless the officer is on leave from a law
enforcement unit. Upon reemployment as a parole and probation
officer, the person whose certification has lapsed may apply for
certification in the manner provided in ORS 181.610 to 181.712.
(4) In order to maintain certification, a parole and probation
officer who is employed part-time must complete annually at least
20 hours of continuing education approved by the Department of
Public Safety Standards and Training.
(5) The requirement of citizenship imposed under subsection (1)
of this section does not apply to a person employed as a parole
and probation officer on September 27, 1987, who continues to
serve as a parole and probation officer.
SECTION 3. ORS 181.665 is amended to read:
181.665. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a police officer, or utilized as a certified
reserve officer, by any law enforcement unit for more than
{ - one year - } { + 18 months + } unless:
(a) The person is a citizen of the United States; and
(b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
(3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712 at an academy operated or authorized by the
department not later than the 90th day after the date of the
officer's employment by the law enforcement unit.
(4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
(5) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.712 at an academy operated
or authorized by the department is caused by the inability of the
department, for any reason, to provide that training, the period
of such delay shall not be counted as part of the periods set
forth in subsections (3) and (4) of this section within which the
training must be commenced.
(6) A person utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for
certification under ORS 181.610 to 181.712 at a site approved by
the department.
SECTION 4. ORS 181.860 is amended to read:
181.860. (1) For the purposes of this section:
(a) 'Emergency services provider' means any public employer
that employs persons to provide firefighting services.
(b) 'Emergency services personnel' means any employee of an
emergency services provider who is engaged in providing
firefighting services.
(c) 'Employee assistance program' means a program established
by a law enforcement agency or emergency services provider to
provide counseling or support services to employees of the law
enforcement agency or emergency services provider.
(d) 'Law enforcement agency' means any county sheriff,
municipal police department, the Oregon State Police and any
state or local public body that employs { - law enforcement
officers - } { + public safety personnel + }.
(e) { - ' Law enforcement officer' - } { + ' Public
safety personnel' + } means a sheriff, deputy sheriff, municipal
police officer, state police officer, parole officer or probation
officer { + , corrections employee, certified reserve officer,
telecommunicator or emergency medical dispatcher + }.
(2) Any communication made by a participant or counselor in a
peer support counseling session conducted by a law enforcement
agency or by an emergency services provider for { - law
enforcement officers - } { + public safety personnel + } or
emergency services personnel, and any oral or written information
conveyed in the peer support counseling session, is confidential
and may not be disclosed by any person participating in the peer
support counseling session.
(3) Any communication relating to a peer support counseling
session made confidential under subsection (2) of this section
that is made between counselors, between counselors and the
supervisors or staff of an employee assistance program, or
between the supervisors or staff of an employee assistance
program, is confidential and may not be disclosed.
(4) The provisions of this section apply only to peer support
counseling sessions conducted by an employee or other person who:
(a) Has been designated by a law enforcement agency or
emergency services provider, or by an employee assistance
program, to act as a counselor; and
(b) Has received training in counseling and in providing
emotional and moral support to { - law enforcement officers - }
{ + public safety personnel + } or emergency services personnel
who have been involved in emotionally traumatic incidents by
reason of their employment.
(5) The provisions of this section apply to all oral
communications, notes, records and reports arising out of a peer
support counseling session. Any notes, records or reports arising
out of a peer support counseling session are not public records
for the purpose of ORS 192.410 to 192.505.
(6) Any communication made by a participant or counselor in a
peer support counseling session subject to this section, and any
oral or written information conveyed in a peer support counseling
session subject to this section, is not admissible in any
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding. Communications and
information made confidential under this section may not be
disclosed by the participants in any judicial proceeding,
administrative proceeding, arbitration proceeding or other
adjudicatory proceeding. The limitations on disclosure imposed by
this subsection include disclosure during any discovery conducted
as part of an adjudicatory proceeding.
(7) Nothing in this section limits the discovery or
introduction in evidence of knowledge acquired by any { - law
enforcement officer - } { + public safety personnel + } or
emergency services personnel from observation made during the
course of employment, or material or information acquired during
the course of employment, that is otherwise subject to discovery
or introduction in evidence.
(8) This section does not apply to:
(a) Any threat of suicide or homicide made by a participant in
a peer support counseling session, or any information conveyed in
a peer support counseling session relating to a threat of suicide
or homicide;
(b) Any information relating to abuse of children or of the
elderly, or other information that is required to be reported by
law; or
(c) Any admission of criminal conduct.
(9) This section does not prohibit any communications between
counselors who conduct peer support counseling sessions, or any
communications between counselors and the supervisors or staff of
an employee assistance program.
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