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 2353
 
                         Senate Bill 371
 
Sponsored by Senator NELSON (at the request of Joseph A. Haray)
 
 
                             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 as
introduced.
 
  Expands classroom instruction curriculum for private security
officers. Prohibits private security officers from possessing
pepper mace product that has Scoville Heat Unit rating that
exceeds 5,000,000.
 
                        A BILL FOR AN ACT
Relating to private security providers; amending ORS 181.873 and
  181.883.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 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) Of the eight hours of basic classroom instruction
required by subsection (1)(a) of this section, one hour must be
 
devoted to the appropriate use of pepper mace, nightsticks and
handcuffs. + }
    { - (3) - }  { +  (4) + } 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 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:
  (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) - }  { +  (5)(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 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) - }  { +  (6) + } 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.
  SECTION 2. ORS 181.873 is amended to read:
  181.873. (1) It is unlawful:
  (a) For a person to engage in the business of, or perform any
service as a private security officer, or to offer services in
such capacity unless the person has obtained a certificate under
ORS 181.878.
  (b) For a person to engage in the business of, or perform any
service as a proprietary security manager, security contractor or
supervisory manager, or to offer services in such capacities
unless the person has obtained a license under ORS 181.878.
  (c) For a person to perform supervisory duties over persons
performing crowd management or guest services, as described in
ORS 181.871, unless the person has obtained a license or
certificate under ORS 181.878.
   { +  (d) For a private security officer to possess a pepper
mace product that has a Scoville Heat Unit rating exceeding
5,000,000. + }
    { - (d) - }   { + (e) + } Except as otherwise provided in
subsection (2) of this section, for a proprietary security
manager or security contractor to permanently assign a person to
 
perform security services unless the person is certified as a
private security officer under ORS 181.878.
  (2) A proprietary security manager or security contractor may
temporarily assign a person who is not certified as required by
this section to perform security services within this state for a
period of time not to exceed 90 days if:
  (a) The person is employed in another state;
  (b) The person holds a private security officer's certification
or license from the other state; and
  (c) The certification or licensing standards of the other state
meet or exceed the standards of this state.
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