72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 2089
 
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)
 
 
                     CHAPTER ................
 
 
                             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. + }
                         ----------
 
 
 
 
 
Enrolled House Bill 2089 (HB 2089-A)                       Page 1
 
 
 
 
 
Passed by House June 12, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate July 1, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2089 (HB 2089-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2089 (HB 2089-A)                       Page 3