71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 415
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)
CHAPTER ................
AN ACT
Relating to public safety personnel; creating new provisions;
amending ORS 181.644, 181.653, 181.665 and 181.860; and
declaring an emergency.
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to 181.712 and the certification has neither lapsed nor been
revoked pursuant to ORS 181.661, 181.662 and 181.664 (1) and not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181.712 and the certification has neither lapsed nor been revoked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
Enrolled Senate Bill 415 (SB 415-BCCA) Page 1
(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.
Enrolled Senate Bill 415 (SB 415-BCCA) Page 2
(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.
Enrolled Senate Bill 415 (SB 415-BCCA) Page 3
(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.
SECTION 5. { + The Legislative Assembly finds and declares
that:
(1) Surveys of the trust and confidence placed by Oregonians in
state and local law enforcement indicate that there are
Oregonians who believe that some law enforcement officers have
engaged in practices that inequitably and unlawfully discriminate
against individuals solely on the basis of their race, color or
national origin.
(2) State and local law enforcement agencies can perform their
missions more effectively when all Oregonians have trust and
confidence that law enforcement stops and other contacts with
individuals are free from inequitable and unlawful discrimination
based on race, color or national origin.
(3) Representatives of community interest groups and state and
local law enforcement agencies agree that collecting certain
demographic data about contacts between individuals and state or
local law enforcement officers will provide a statistical
foundation to ensure that future contacts are free from
inequitable and unlawful discrimination based on race, color or
national origin.
(4) Demographic data collection can establish a factual and
quantifiable foundation for measuring progress in eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals, but data
collection alone does not provide a sufficient basis for
corrective action. Proper analysis of the demographic data and
enactment of meaningful reforms in response to the results of
that analysis require careful consideration of all relevant
Enrolled Senate Bill 415 (SB 415-BCCA) Page 4
factors including the context of the community in which the data
has been collected.
(5) It is the goal of this state that all law enforcement
agencies perform their missions without inappropriate use of
race, color or national origin as the basis for law enforcement
actions. This goal may be achieved by providing assistance to
state and local law enforcement agencies and the communities that
they serve.
(6) This state shall foster, encourage and support the
collection and analysis of demographic data by state and local
law enforcement agencies. + }
SECTION 6. { + (1) There is created the Law Enforcement
Contacts Policy and Data Review Committee consisting of 11
members appointed by the Governor on or before October 1, 2001.
(2) The purpose of the committee is to receive and analyze
demographic data to ensure that law enforcement agencies perform
their missions without inequitable or unlawful discrimination
based on race, color or national origin.
(3) To achieve its purpose, the committee shall collect and
analyze demographic data to:
(a) Provide information to assist communities and state and
local law enforcement agencies in evaluating the policies,
training and procedures of law enforcement agencies regarding the
treatment of individuals during stops and other contacts with law
enforcement;
(b) Inform state and local law enforcement agencies and
communities about law enforcement practices; and
(c) Provide opportunities for communities and state and local
law enforcement agencies to work together to increase public
trust and confidence in law enforcement and to enhance the
capacity of communities and law enforcement agencies to provide
more effective public safety services.
(4) The committee shall:
(a) Solicit demographic data concerning law enforcement stops
and other contacts between state and local law enforcement
agencies and individuals;
(b) Publicize programs, procedures and policies from
communities that have made progress toward eliminating
discrimination based on race, color or national origin during law
enforcement stops and other contacts with individuals;
(c) Provide technical assistance, including refinement of the
minimum data elements as necessary for effective analysis, to
state and local law enforcement agencies that desire to begin
collecting demographic data;
(d) Provide technical assistance to communities and state and
local law enforcement agencies that desire to engage in local
efforts to involve individuals in the establishment and
implementation of programs, procedures and policies that will
advance the goal of section 5 of this 2001 Act;
(e) Obtain resources for independent analysis and
interpretation of demographic data collected by state or local
law enforcement agencies;
(f) Accept and analyze demographic data collected by a state or
local law enforcement agency if requested by a state or local law
enforcement agency and if resources are available; and
(g) Report to the public the results of analyses of demographic
data.
(5) In carrying out its purpose, the committee may not receive
or analyze any data unless the data for each reported contact
includes at least the following information:
Enrolled Senate Bill 415 (SB 415-BCCA) Page 5
(a) The reason for the law enforcement stop or other contact;
(b) The law enforcement officer's perception of the race, color
or national origin of the individual involved in the contact;
(c) The individual's gender;
(d) The individual's age;
(e) Whether a search was conducted in connection with the
contact, and if so, what resulted from the search;
(f) The disposition of the law enforcement action, if any,
resulting from the contact; and
(g) Additional data as recommended by the committee that state
and local law enforcement agencies should collect and submit.
(6) Data received by the committee for analysis under this
section may not identify a particular law enforcement officer or
a particular individual whose demographic data is collected by a
state or local law enforcement agency.
(7) Members of the committee shall appoint a chairperson from
the members of the committee. Members of the committee are not
entitled to compensation or expenses and shall serve on the
committee on a volunteer basis.
(8) The Oregon Criminal Justice Commission shall provide
administrative support staff necessary to the performance of the
functions of the committee.
(9) All agencies, departments and officers of this state are
requested to assist the committee in the performance of its
functions and to furnish such information and advice as the
members of the committee consider necessary to perform their
functions.
(10) The committee shall make findings and issue
recommendations for action to achieve the purpose of this
section. The committee shall submit a report containing its
findings and recommendations to the appropriate interim
legislative committees on or before December 1, 2002, and
annually thereafter on or before December 1.
(11) After completion of the analysis of the data from at least
two state or local law enforcement agencies, the committee may
recommend the collection of additional data elements.
(12) This section does not prohibit a state or local law
enforcement agency from collecting data in addition to the
minimum information required in subsection (5) of this
section. + }
SECTION 7. { + The Oregon Criminal Justice Commission shall
provide $300,000 to the Law Enforcement Contacts Policy and Data
Review Committee for the purposes of section 6 of this 2001 Act
from moneys allocated to the Oregon Criminal Justice Commission
by the Legislative Assembly for the biennium beginning July 1,
2001. + }
SECTION 8. { + The Oregon Criminal Justice Commission may
accept contributions of funds from the United States, its
agencies, or from any other source, public or private, and agree
to conditions thereon not inconsistent with the purposes of the
Law Enforcement Contacts Policy and Data Review Committee. + }
SECTION 9. { + All moneys received by the Oregon Criminal
Justice Commission under section 8 of this 2001 Act shall be paid
into the State Treasury and deposited into the General Fund to
the credit of the Oregon Criminal Justice Commission. Such moneys
are appropriated continuously to the Oregon Criminal Justice
Commission for the purposes of section 6 of this 2001 Act. + }
SECTION 10. { + The Law Enforcement Contacts Policy and Data
Review Committee shall assist the Oregon Progress Board in the
creation and adoption of goals as provided in ORS 285A.168 to
Enrolled Senate Bill 415 (SB 415-BCCA) Page 6
measure progress toward the purpose of the committee under
section 6 of this 2001 Act. + }
SECTION 11. { + Sections 5 to 10 of this 2001 Act are repealed
on December 31, 2007. + }
SECTION 12. { + (1) Notwithstanding the provisions of ORS
236.605 (2), a school district with a weighted average daily
membership (ADMw) of greater than 50,000 is a public employer for
the purposes of a transfer to another public employer under ORS
236.605 to 236.640 of a person employed and compensated as a
member of a law enforcement agency of a school district under ORS
332.531.
(2) Notwithstanding the provisions of ORS 236.620 (1)(c), when
a public employer described in subsection (1) of this section
transfers an employee to a receiving employer under ORS 236.605
to 236.640, the amount of the transferred employee's seniority
accrued under the transferring employer that is to be regarded as
seniority acquired under the receiving employer shall be agreed
upon by:
(a) The labor organization representing the transferred
employee of the transferring employer, if applicable;
(b) The labor organization representing employees of the
receiving employer, if the labor organization would represent the
transferred employee following the transfer;
(c) The transferring employer; and
(d) The receiving employer. + }
SECTION 13. { + Section 12 of this 2001 Act is repealed on
January 2, 2004. + }
SECTION 14. { + The amendments to ORS 181.644, 181.653,
181.665 and 181.860 by sections 1 to 4 of this 2001 Act become
operative on January 1, 2002. + }
SECTION 15. { + 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. + }
----------
Passed by Senate March 26, 2001
Repassed by Senate June 13, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 23, 2001
Repassed by House June 15, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 415 (SB 415-BCCA) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 415 (SB 415-BCCA) Page 8