73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2568
House Bill 2892
Sponsored by Representative BARKER; Representatives HANSEN,
KITTS, Senator BURDICK (at the request of Port of Portland)
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 authority of Port of Portland peace officers.
Adds Port of Portland peace officers to definition of 'peace
officer' in certain statutes.
A BILL FOR AN ACT
Relating to Port of Portland peace officers; amending ORS
133.005, 153.005, 161.015, 778.260 and 801.395.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 778.260 is amended to read:
778.260. (1) The board of the Port of Portland in accordance
with ORS 198.510 to 198.600 may by ordinance make, modify or
abolish regulations as convenient or necessary to provide for
policing or regulating the use of airports, and any facilities
located at or in conjunction with airports, owned, operated,
maintained or controlled by the port.
(2) The port may appoint peace officers who shall have the same
authority as other peace officers, for the enforcement of port,
city and county ordinances and state laws { - at airports
owned, operated, maintained or controlled by the port - } .
(3) This section does not limit the authority of a state,
county or municipal peace officer to enforce state laws and city
and county ordinances at airports owned, operated, maintained or
controlled by the port.
SECTION 2. ORS 133.005 is amended to read:
133.005. As used in ORS 131.655 and 133.005 to 133.381 and
133.410 to 133.450, unless the context requires otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency and who is empowered to
effect an arrest with or without a warrant for violations of the
United States Code and who is authorized to carry firearms in the
performance of duty.
(3) 'Peace officer' means a member of the Oregon State Police
or a sheriff, constable, marshal, municipal police officer, { +
Port of Portland peace officer, + } investigator of a district
attorney's office if the investigator is or has been certified as
a peace officer in this or any other state, or an investigator of
the Criminal Justice Division of the Department of Justice of the
State of Oregon.
SECTION 3. ORS 161.015 is amended to read:
161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
(1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
(2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
(3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
(4) 'Peace officer' means a sheriff, constable, marshal,
municipal police officer, member of the Oregon State Police,
{ + Port of Portland peace officer, + } investigator of the
Criminal Justice Division of the Department of Justice or
investigator of a district attorney's office and such other
persons as may be designated by law.
(5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
(6) 'Physical force' includes, but is not limited to, the use
of an electrical stun gun, tear gas or mace.
(7) 'Physical injury' means impairment of physical condition or
substantial pain.
(8) 'Serious physical injury' means physical injury which
creates a substantial risk of death or which causes serious and
protracted disfigurement, protracted impairment of health or
protracted loss or impairment of the function of any bodily
organ.
(9) 'Possess' means to have physical possession or otherwise to
exercise dominion or control over property.
(10) 'Public place' means a place to which the general public
has access and includes, but is not limited to, hallways, lobbies
and other parts of apartment houses and hotels not constituting
rooms or apartments designed for actual residence, and highways,
streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation.
SECTION 4. ORS 153.005 is amended to read:
153.005. As used in this chapter:
(1) 'Enforcement officer' means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
(d) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state.
(e) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
{ + (f) A Port of Portland peace officer. + }
{ - (f) - } { + (g) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
(2) 'Violation' means an offense described ORS 153.008.
(3) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
(4) 'Traffic offense' has the meaning given that term in ORS
801.555.
SECTION 5. ORS 801.395 is amended to read:
801.395. 'Police officer' includes a member of the Oregon State
Police, a sheriff, a deputy sheriff { - or - } { + , + } a
city police officer { + or a Port of Portland peace officer + }.
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