Chapter 842
AN ACT
SB 111
Relating to use of physical force; creating
new provisions; amending ORS 181.640 and 181.662; appropriating money; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 1 to 7 of this 2007 Act:
(1) “Employ,” when used
in the context of the relationship between a law enforcement agency and a
police officer, includes the assignment of law enforcement duties on a
volunteer basis to a reserve officer.
(2) “Law enforcement
agency” means the Department of State Police, the Department of Justice, a
district attorney, a political subdivision of the State of Oregon and a
municipal corporation of the State of Oregon, that maintains a law enforcement
unit as defined in ORS 181.610 (12)(a)(A).
(3) “Police officer”
means a person who is:
(a) A police officer or
reserve officer as defined in ORS 181.610; and
(b) Employed by a law
enforcement agency to enforce the criminal laws of this state.
SECTION 2. (1) There is created in each county a deadly
physical force planning authority consisting of the following members:
(a) The district
attorney and sheriff of the county.
(b) A nonmanagement
police officer selected by the district attorney and sheriff. If there are
unions representing police officers within the county, the district attorney
and sheriff shall select the police officer from among candidates nominated by
any union representing police officers within the county.
(c) If at least one city
within the county employs a police chief, a police chief selected by the police
chiefs within the county.
(d) A representative of
the public selected by the district attorney and sheriff. The person selected
under this paragraph may not be employed by a law enforcement agency.
(e) A representative of
the
(2) The district
attorney and sheriff are cochairpersons of the planning authority.
(3) The law enforcement
agency that employs the police officer selected under subsection (1)(b) of this section shall release the officer from other
duties for at least 16 hours per year to enable the officer to serve on the
planning authority. The agency shall compensate the officer at the officer’s
regular hourly wage while the officer is engaged in planning authority
activities.
(4) The planning
authority shall develop a plan consisting of the following:
(a) An element dealing
with education, outreach and training regarding the use of deadly physical
force for police officers, attorneys employed by state or local government
within the county and members of the community.
(b) An element dealing
with the immediate aftermath of an incident in which a police officer used
deadly physical force.
(c) An element dealing
with the investigation of an incident in which a police officer used deadly
physical force.
(d) An element dealing
with the exercise of district attorney discretion to resolve issues of
potential criminal responsibility resulting from a police officer’s use of
deadly physical force.
(e) An element dealing
with collecting information regarding a police officer’s use of deadly physical
force, debriefing after an incident in which a police officer used deadly
physical force and revising a plan developed under this subsection based on
experience.
(f) An estimate of the
fiscal impact on the law enforcement agencies to which the plan applies of each
element described in paragraphs (a) to (e) of this subsection.
(5) The planning
authority shall conduct at least one public hearing in the county before
submitting a plan, or a revision of a plan, to the governing bodies in the
county under subsection (7) of this section.
(6) The planning
authority may consult with anyone the planning authority determines may be helpful
in carrying out its responsibilities.
(7) The planning
authority shall submit the plan developed under subsection (4) of this section,
and revisions of the plan, to the governing body of each law enforcement agency
within the county except for the Department of State Police and the Department
of Justice.
(8) A governing body
shall approve or disapprove the plan submitted to it under subsection (7) of
this section within 60 days after receiving the plan. The governing body may
not amend the plan.
(9) If the plan is not
approved by at least two-thirds of the governing bodies to which the plan is
submitted, the planning authority shall develop and submit a revised plan.
(10) If the plan is
approved by at least two-thirds of the governing bodies to which the plan is
submitted, the planning authority shall submit the approved plan to the
Attorney General. No later than 30 days after receiving the plan, the Attorney
General shall review the plan for compliance with the minimum requirements
described in section 3 of this 2007 Act. If the Attorney General determines
that the plan complies with the minimum requirements, the Attorney General
shall approve the plan. Upon approval of the plan:
(a) Each law enforcement
agency within the county to which the plan applies is subject to the provisions
of the plan; and
(b) Each law enforcement
agency subject to the plan is entitled to grants as provided in section 4 of
this 2007 Act.
(11) If the plan is not
approved by the Attorney General, the planning authority shall develop and
submit a revised plan.
(12) Notwithstanding
subsection (10)(a) of this section, a law enforcement
agency is not subject to a provision of a plan approved under subsection (10)
of this section that:
(a) Conflicts with a
provision of a city or county charter or a general ordinance that applies to
the law enforcement agency; or
(b) Imposes an
obligation not required by section 5 of this 2007 Act if complying with the
provision would require the law enforcement agency to budget moneys, or submit
a revenue measure for a vote of the people, in order to comply with the
provision.
(13) The Attorney
General shall periodically publish all approved plans.
(14) A law enforcement
agency within a county has a duty to participate in good faith in the planning
process of the planning authority for the county.
(15) A person bringing
an action challenging the validity or enforceability of a plan approved under
subsection (10) of this section shall serve the Attorney General with a copy of
the complaint. If the Attorney General is not a party to the action, the
Attorney General may intervene in the action.
SECTION 3. In the plan required by section 2 (4) of
this 2007 Act, a deadly physical force planning authority shall, at a minimum:
(1)(a) Address, under
section 2 (4)(a) of this 2007 Act, the manner in which
each law enforcement agency within the county will comply with section 5 (2) of
this 2007 Act; and
(b) Attach a copy of
each policy adopted under section 5 (2) of this 2007 Act to the plan.
(2) Address, under
section 2 (4)(b) of this 2007 Act, the manner in which
each law enforcement agency within the county will comply with section 5 (3)(a)
and (4) of this 2007 Act.
(3) Address, under
section 2 (4)(c) of this 2007 Act, the manner in which
each law enforcement agency within the county will comply with section 5 (5)(a)
of this 2007 Act.
(4) Address, under
section 2 (4)(d) of this 2007 Act, the manner in which
the district attorney of the county will exercise discretion to resolve issues
of potential criminal responsibility.
(5) Address, under
section 2 (4)(e) of this 2007 Act, the manner in which
each law enforcement agency within the county will comply with section 5 (6) of
this 2007 Act.
SECTION 4. (1) As used in this section, “expenses” does
not include personnel costs.
(2) To the extent that
funds are appropriated to it for such purposes, the Department of Justice shall
make grants to law enforcement agencies to reimburse the law enforcement
agencies for expenses incurred in implementing and revising the plans required
by section 2 of this 2007 Act. A grant under this section may not exceed 75
percent of the expenses incurred by the law enforcement agency.
(3) The department may
not make a grant under this section to a law enforcement agency unless the law
enforcement agency is subject to a plan that has been approved by the Attorney
General under section 2 (10) of this 2007 Act.
(4) The department shall
adopt rules necessary for the administration of this section.
SECTION 5. (1) As used in this section, “involved
officer” means:
(a) A police officer
whose official conduct, or official order to use deadly physical force, was a
cause in fact of the death of a person. As used in this paragraph, “order to
use deadly physical force” means an order issued to another officer to use
deadly physical force in a specific incident or an order or directive
establishing rules of engagement for the use of deadly physical force for a
specific incident.
(b) A police officer
whose official conduct was not a cause in fact of the death of a person but
whose official involvement in an incident in which the use of deadly physical
force by a police officer resulted in the death of a person:
(A) Began before or
during the use of the deadly physical force; and
(B) Was reasonably
likely to have exposed the police officer to greater stresses or trauma than
other police officers experienced as a result of their involvement in the
incident before or during the use of the deadly physical force.
(2) A law enforcement
agency shall adopt a policy dealing with the use of deadly physical force by
its police officers. At a minimum, the policy must include guidelines for the
use of deadly physical force.
(3)(a) For each involved
officer employed by a law enforcement agency, the law enforcement agency shall
pay the costs of at least two sessions with a mental health professional that
are attended by the officer. The sessions must be held within six months after
the incident in which the officer was involved.
(b) An involved officer
shall attend at least one of the sessions described in paragraph (a) of this
subsection.
(c) Sessions with a
mental health professional under this subsection may not be substituted for a
fitness for duty examination required or requested as a condition of employment
by the law enforcement agency that employs the involved officer.
(4) For at least 72
hours immediately following an incident in which the use of deadly physical
force by a police officer resulted in the death of a person, a law enforcement
agency may not return an involved officer to duties that might place the
officer in a situation in which the officer has to use deadly physical force. A
law enforcement agency may not reduce an involved officer’s pay or benefits as
a result of the law enforcement agency’s compliance with this subsection.
Notwithstanding section 4 (1) of this 2007 Act, a personnel cost incurred in
complying with this subsection by a law enforcement agency employing 40 or
fewer police officers is an expense for purposes of section 4 of this 2007 Act.
(5)(a) A law enforcement
agency employing an involved officer shall include at least one police officer
from a different law enforcement agency in the investigation of the incident in
which the involved officer was involved.
(b) The failure of a law
enforcement agency to comply with paragraph (a) of this subsection is not
grounds for suppressing evidence obtained in the investigation.
(6)(a) A law enforcement
agency shall collect at least the following information relating to incidents
in which a police officer’s use of deadly physical force resulted in the death
of a person:
(A) The name, gender,
race, ethnicity and age of the decedent.
(B) The date, time and
location of the incident.
(C) A brief description
of the circumstances surrounding the incident.
(b) A law enforcement
agency shall promptly submit the information collected under paragraph (a) of
this subsection to the Department of Justice.
(7) The department shall
compile and periodically publish information submitted under subsection (6) of
this section. The department, by rule, may specify a form to be used by law
enforcement agencies in submitting information under subsection (6) of this
section.
SECTION 6. Conclusions and recommendations for future
action made by or for a law enforcement agency that result from activities
conducted pursuant to the element of a plan described in section 2 (4)(e) of
this 2007 Act are not admissible as evidence in any subsequent civil action or
administrative proceeding.
SECTION 7. Notwithstanding sections 2, 3 and 5 (3) and
(6) of this 2007 Act, if sufficient moneys are not appropriated to the
Department of Justice for purposes of making grants under section 4 of this
2007 Act, a deadly physical force planning authority created by section 2 of
this 2007 Act or a law enforcement agency is not required to comply with any
requirement of section 2, 3 or 5 (3) or (6) of this 2007 Act for which the law
enforcement agency is entitled to reimbursement under section 4 of this 2007
Act.
SECTION 8. ORS 181.662 is amended to read:
181.662. (1) The
Department of Public Safety Standards and Training may deny the application for
training, or deny, suspend or revoke the certification, of any instructor or
public safety officer, except a youth correction officer or fire service
professional, after written notice and hearing consistent with the provisions
of ORS 181.661, based upon a finding that:
(a) The public safety
officer or instructor falsified any information submitted on the application for
certification or on any documents submitted to the Board on Public Safety
Standards and Training or the department.
(b) The public safety
officer or instructor has been convicted of a crime or violation in this state
or any other jurisdiction.
(c) The public safety
officer or instructor does not meet the applicable minimum standards, minimum
training or the terms and conditions established under ORS 181.640 (1)(a) to (d).
(d) The public safety
officer failed to comply with section 5 (3)(b) of this
2007 Act.
(2) The department shall
deny, suspend or revoke the certification of a fire service professional, after
written notice and hearing consistent with the provisions of ORS 181.661, based
upon a finding that the fire service professional has been convicted in this
state of a crime listed in ORS 137.700 or in any other jurisdiction of a crime
that, if committed in this state, would constitute a crime listed in ORS
137.700.
(3) The department may
deny, suspend or revoke the certification of any fire service professional
after written notice and hearing consistent with the provisions of ORS 181.661,
based upon a finding:
(a) That the fire
service professional falsified any information submitted on the application for
certification or on any documents submitted to the board or the department; or
(b) Consistent with ORS
670.280, that the fire service professional is not fit to receive or hold the
certification as a result of conviction of a crime in this state, or in any
other jurisdiction, other than a crime described in subsection (2) of this
section.
(4) The department shall
deny, suspend or revoke the certification of any public safety officer or
instructor, except a youth correction officer, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a finding that the
public safety officer or instructor has been discharged for cause from
employment as a public safety officer.
(5) The department, in
consultation with the board, shall adopt rules specifying those crimes and
violations for which a conviction requires the denial, suspension or revocation
of the certification of a public safety officer or instructor.
(6) Notwithstanding the
lapse, suspension, revocation or surrender of the certification of a public
safety officer or instructor, the department may:
(a) Proceed with any
investigation of, or any action or disciplinary proceedings against, the public
safety officer or instructor; or
(b) Revise or render
void an order suspending or revoking the certification.
(7) The department shall
deny, suspend or revoke the accreditation of a training or educational program
or any course, subject, facility or instruction thereof if the program, course,
subject, facility or instruction is not in compliance with rules adopted or
conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).
SECTION 9. (1) A deadly physical force planning
authority created by section 2 of this 2007 Act shall submit the plan required
by section 2 (4) of this 2007 Act to the governing bodies described in section
2 (7) of this 2007 Act no later than July 1, 2008.
(2) Notwithstanding
section 2 (3) of this 2007 Act, for the period of time from the effective date
of this 2007 Act to June 30, 2008, the law enforcement agency that employs the
police officer selected under section 2 (1)(b) of this
2007 Act shall release the officer from other duties for at least 80 hours to
enable the officer to serve on the planning authority. The agency shall
compensate the officer at the officer’s regular hourly wage while the officer
is engaged in planning authority activities during that period of time.
SECTION 10. A law enforcement agency shall adopt the
policy required by section 5 (2) of this 2007 Act no later than July 1, 2008.
SECTION 11. (1) A law enforcement agency that
participates in the development of the plan required by section 2 (4) of this
2007 Act shall keep track of the expenses it incurs by reason of its
participation. For purposes of this subsection and subsection (2) of this
section, “expenses” includes, but is not limited to, personnel costs.
(2) The Department of
Justice shall award a law enforcement agency one credit for each dollar of
expenses incurred before July 1, 2008, by reason of the law enforcement agency’s
participation in the development of the plan required by section 2 (4) of this
2007 Act.
(3) Notwithstanding
section 4 (2) of this 2007 Act, when a law enforcement agency applies for a
grant under section 4 of this 2007 Act, the department, to the extent that
funds are appropriated to the department for the purpose, shall make a grant
that exceeds 75 percent of the expenses incurred by the law enforcement agency
if the law enforcement agency has unused credits awarded under subsection (2)
of this section. When the department makes a grant that exceeds 75 percent of
the expenses incurred by a law enforcement agency, the department shall deduct
the amount of the grant that exceeds 75 percent from the credits awarded the
law enforcement agency under subsection (2) of this section.
(4) The department may
adopt rules necessary for the administration of this section.
SECTION 12. A law enforcement agency, as defined in
section 1 of this 2007 Act, may not use moneys it receives under section 4 of
this 2007 Act to supplant moneys from another source that the law enforcement
agency has been previously authorized to expend.
SECTION 13. There is appropriated to the Department of
Justice, for the biennium beginning July 1, 2007, out of the General Fund, the
amount of $182,161 for the purpose of carrying out the provisions of section 4
of this 2007 Act.
SECTION 14. ORS 181.640 is amended to read:
181.640. (1) In
accordance with any applicable provision of ORS chapter 183, to promote
enforcement of law and fire services by improving the competence of public
safety personnel and their support staffs, and in consultation with the
agencies for which the Board on Public Safety Standards and Training and
Department of Public Safety Standards and Training provide standards,
certification, accreditation and training:
(a) The department shall
recommend and the board shall establish by rule reasonable minimum standards of
physical, emotional, intellectual and moral fitness for public safety personnel
and instructors.
(b) The department shall
recommend and the board shall establish by rule reasonable minimum training for
all levels of professional development, basic through executive, including but
not limited to courses or subjects for instruction and qualifications for
public safety personnel and instructors. Training requirements shall be
consistent with the funding available in the department’s legislatively
approved budget.
(c) The department, in
consultation with the board, shall establish by rule a procedure or procedures
to be used by law enforcement units, public or private safety agencies or the
Oregon Youth Authority to determine whether public safety personnel meet
minimum standards or have minimum training.
(d) Subject to such
terms and conditions as the department may impose, the department shall certify
instructors and public safety personnel, except youth correction officers, as
being qualified under the rules established by the board.
(e) The department shall
deny applications for training and deny, suspend and revoke certification in the
manner provided in ORS 181.661, 181.662 and 181.664 (1).
(f) The department shall
cause inspection of standards and training for instructors and public safety
personnel, except youth correction officers, to be made.
(g) The department may
recommend and the board may establish by rule accreditation standards, levels
and categories for mandated and nonmandated public safety personnel training or
educational programs. The department and board, in consultation, may establish
to what extent training or educational programs provided by an accredited
university, college, community college or public safety agency may serve as
equivalent to mandated training or as a prerequisite to mandated training.
Programs offered by accredited universities, colleges or community colleges may
be considered equivalent to mandated training only in academic areas.
(2) The department may:
(a) Contract or
otherwise cooperate with any person or agency of government for the procurement
of services or property;
(b) Accept gifts or
grants of services or property;
(c) Establish fees for
determining whether a training or educational program meets the accreditation
standards established under subsection (1)(g) of this
section;
(d) Maintain and furnish
to law enforcement units and public and private safety agencies information on
applicants for appointment as instructors or public safety personnel, except
youth correction officers, in any part of the state; and
(e) Establish fees to
allow recovery of the full costs incurred in providing services to private
entities or in providing services as experts or expert witnesses.
(3) The department, in
consultation with the board, may:
(a) Upon the request of
a law enforcement unit or public safety agency, conduct surveys or aid cities
and counties to conduct surveys through qualified public or private agencies
and assist in the implementation of any recommendations resulting from such
surveys.
(b) Upon the request of
law enforcement units or public safety agencies, conduct studies and make recommendations concerning means by which
requesting units can coordinate or combine their resources.
(c) Stimulate research
by public and private agencies to improve police, fire service, corrections and
adult parole and probation administration and law enforcement.
(d) Provide grants from
funds appropriated or available therefor, to law enforcement units, public
safety agencies, special districts, cities, counties and private entities to
carry out the provisions of this subsection.
(e) Provide optional training
programs for persons who operate lockups. The term “lockup” has the meaning
given it in ORS 169.005.
(f) Provide optional
training programs for public safety personnel and their support staffs.
(g) Enter into
agreements with federal, state or other governmental agencies to provide
training or other services in exchange for receiving training, fees or services
of generally equivalent value.
(h) Upon the request of
a law enforcement unit or public safety agency employing public safety
personnel, except youth correction officers, grant an officer, fire service
professional, telecommunicator or emergency medical dispatcher a
multidiscipline certification consistent with the minimum requirements adopted
or approved by the board. Multidiscipline certification authorizes an officer,
fire service professional, telecommunicator or emergency medical dispatcher to
work in any of the disciplines for which the officer, fire service
professional, telecommunicator or emergency medical dispatcher is certified. The
provisions of ORS 181.652, 181.653 and 181.667 relating to lapse of
certification do not apply to an officer or fire service professional certified
under this paragraph as long as the officer or fire service professional
maintains full-time employment in one of the certified disciplines and meets
the training standards established by the board.
(i) Establish fees and
guidelines for the use of the facilities of the training academy operated by
the department and for nonmandated training provided to federal, state or other
governmental agencies, private entities or individuals.
(4) Pursuant to ORS
chapter 183, the board, in consultation with the department, shall adopt rules
necessary to carry out the board’s duties and powers.
(5) Pursuant to ORS
chapter 183, the department, in consultation with the board, shall adopt rules
necessary to carry out the department’s duties and powers.
(6) For efficiency,
board and department rules may be adopted jointly as a single set of combined
rules with the approval of the board and the department.
(7) The department shall
obtain approval of the board before submitting its legislative concepts,
Emergency Board request or budget requests to the Oregon Department of
Administrative Services.
(8) The Department of
Public Safety Standards and Training shall develop a training program for
conducting investigations required under section 5 of this 2007 Act.
SECTION 15. The Department of Public Safety Standards
and Training shall complete development of the training program required by ORS
181.640 (8) no later than August 31, 2008. The department shall submit a report
summarizing the training program to the legislative interim committees dealing
with the judiciary no later than September 30, 2008.
SECTION 16. Sections 4 and 12 of this 2007 Act and the
amendments to ORS 181.640 and 181.662 by sections 8 and 14 of this 2007 Act
become operative on July 1, 2008.
SECTION 17. Notwithstanding the effective date of
section 5 of this 2007 Act, section 5 (3) to (7) of this 2007 Act applies to
incidents occurring on or after July 1, 2008.
SECTION 18. 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 July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
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