Chapter 190
AN ACT
HB 2102
Relating to Law Enforcement Contacts Policy and Data Review Committee;
amending sections 6, 8 and 9, chapter 687, Oregon Laws 2001; repealing section
11, chapter 687, Oregon Laws 2001; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section
11, chapter 687,
SECTION 2.
Section 6, chapter 687, Oregon Laws 2001, is amended to read:
Sec. 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, chapter 687, Oregon Laws 2001 [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] request and receive data files from
participating law enforcement agencies and may analyze data for each
reported contact [includes at least the
following information:]. These data files should contain as many
of the following items of information as are collected by the participating law
enforcement agency:
(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] Portland
State University 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.]
(9) All agencies of
state government, as defined in ORS 174.111, are requested to assist the
committee in the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such information and advice as the
members of the committee consider necessary to perform their duties.
(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] annually 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] information listed in subsection (5) of this section.
SECTION 3.
Section 8, chapter 687, Oregon Laws 2001, is amended to read:
Sec. 8. [The
SECTION 4.
Section 9, chapter 687, Oregon Laws 2001, is amended to read:
Sec. 9. All
moneys received by [the Oregon Criminal
Justice Commission] Portland State University under section 8,
chapter 687, Oregon Laws 2001, [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] Portland State University. Such moneys
are appropriated continuously to [the
SECTION 5. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
__________