74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2102
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Criminal Justice Commission)
CHAPTER ................
AN ACT
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 Oregon:
SECTION 1. { + Section 11, chapter 687, Oregon Laws 2001, is
repealed. + }
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;
Enrolled House Bill 2102 (HB 2102-INTRO) Page 1
(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. + }
Enrolled House Bill 2102 (HB 2102-INTRO) Page 2
(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 Oregon Criminal Justice
Commission - } { + Portland State University + } may accept
contributions of funds from the United States, its agencies, or
from any other source, public or private, and agree to conditions
thereon not inconsistent with the purposes of the Law Enforcement
Contacts Policy and Data Review Committee.
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 Oregon Criminal Justice Commission - }
{ + Portland State University + } for the purposes of section
6 { + , chapter 687, Oregon Laws 2001 + } { - of this 2001
Act - } .
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. + }
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Passed by House March 5, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 8, 2007
...........................................................
President of Senate
Enrolled House Bill 2102 (HB 2102-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2102 (HB 2102-INTRO) Page 4