72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1300
 
                           A-Engrossed
 
                         House Bill 2089
                   Ordered by the House June 9
             Including House Amendments dated June 9
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary for Attorney General's Restitution Reform Task Force)
 
 
                             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 restitution in all cases in which victim suffers
pecuniary loss. Modifies offender's ability to pay from
requirement to factor in determining payment schedule. - }
   { +  Allows law enforcement agency to arrest person pursuant
to federal arrest warrant for criminal violation of immigration
laws.  Allows exchange of information with certain federal
agencies. + }
 
                        A BILL FOR AN ACT
Relating to criminal procedure; amending ORS 181.850.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 181.850 is amended to read:
  181.850. (1) No law enforcement agency of the State of Oregon
or of any political subdivision of the state shall use agency
moneys, equipment or personnel for the purpose of detecting or
apprehending persons whose only violation of law is that they are
persons of foreign citizenship   { - residing - }  { +
present + } in the United States in violation of federal
immigration laws.
  (2) Notwithstanding subsection (1) of this section, a law
enforcement agency may exchange information with the   { - United
States Immigration and Naturalization Service - }  { +  United
States Bureau of Immigration and Customs Enforcement, the United
States Bureau of Citizenship and Immigration Services and the
United States Bureau of Customs and Border Protection + } in
order to:
  (a) Verify the immigration status of a person if the person is
arrested for any criminal offense; or
  (b) Request criminal investigation information with reference
to persons named in   { - service - }  records { +  of the United
States Bureau of Immigration and Customs Enforcement, the United
States Bureau of Citizenship and Immigration Services or the
United States Bureau of Customs and Border Protection + }.
   { +  (3) Notwithstanding subsection (1) of this section, a law
enforcement agency may arrest any person who:
 
  (a) Is charged by the United States with a criminal violation
of federal immigration laws under Title II of the Immigration and
Nationality Act or 18 U.S.C. 1015, 1422 to 1429 or 1505; and
  (b) Is subject to arrest for the crime pursuant to a warrant of
arrest issued by a federal magistrate. + }
    { - (3) - }  { +  (4) + } For purposes of subsection (1) of
this section, the Bureau of Labor and Industries is not a law
enforcement agency.
   { +  (5) As used in this section, 'warrant of arrest' has the
meaning given that term in ORS 131.005. + }
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