74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1007-1
A-Engrossed
Senate Bill 111
Ordered by the Senate May 2
Including Senate Amendments dated May 2
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
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.
Creates planning authority in each county to develop plan
concerning use of deadly physical force by police officers.
Directs planning authority to submit plan to governing body of
each law enforcement agency within county except Department of
State Police and Department of Justice. Specifies required
elements of plan. Directs governing body to approve or disapprove
plan. { + Directs planning authority to submit plan to local
public safety coordinating council for review and comment. + }
Authorizes Department of Justice, to extent funds are
appropriated for such purposes, to make grants to law enforcement
agencies for expenses incurred in implementing and revising
approved plans.
Establishes procedures for law enforcement agencies to follow
in dealing with use of deadly physical force and for grand jury
proceedings in which use of deadly physical force is element.
Appropriates moneys from General Fund to Department of Justice
for grants and for grand jury recording and transcription costs.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to use of physical force; creating new provisions;
amending ORS 132.090, 132.330, 132.430, 146.135, 181.640 and
181.662; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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 Oregon State Police selected by the
Superintendent of State Police.
(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. The planning
authority shall submit the plan to the local public safety
coordinating council of the county for the council's review and
comment.
(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 comply
with ORS 146.135 (2).
(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. { + (1) Notwithstanding sections 2, 3, 5 (3) and
(6) and 12 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.
(2) If sufficient moneys are not appropriated to the Department
of Justice to pay the costs of recording and transcribing
testimony before a grand jury as required by section 12 of this
2007 Act:
(a) The Department of Justice is not required to comply with
section 12 (5) of this 2007 Act; and
(b) A district attorney is not required to comply with section
12 of this 2007 Act. + }
SECTION 8. ORS 132.330 is amended to read:
132.330. { + (1) + } The district attorney may submit an
indictment to the grand jury in any case when the district
attorney has good reason to believe that a crime has been
committed which is triable within the county.
{ + (2) The district attorney may present facts to the grand
jury about an incident in which a police officer used deadly
physical force. + }
SECTION 9. ORS 132.090 is amended to read:
132.090. (1) Except as provided in subsections (2) and (3) of
this section { + and section 12 of this 2007 Act + }, no person
other than the district attorney or a witness actually under
examination shall be present during the sittings of the grand
jury.
(2) { + If not otherwise required under section 12 of this
2007 Act, + } upon a motion filed by the district attorney in the
circuit court, the circuit judge may appoint a reporter who shall
attend the sittings of the grand jury to take and report the
testimony in any matters pending before the grand jury, and may
appoint a parent, guardian or other appropriate person 18 years
of age or older to accompany any child 12 years of age or
younger, or any person with mental retardation, during an
appearance before the grand jury. The circuit judge, upon the
district attorney's showing to the court that it is necessary for
the proper examination of a witness appearing before the grand
jury, may appoint a guard, medical or other special attendant or
nurse, who shall be present in the grand jury room and shall
attend such sittings.
(3) The district attorney may designate an interpreter who is
certified under ORS 45.291 to interpret the testimony of
witnesses appearing before the grand jury. The district attorney
may designate a qualified interpreter, as defined in ORS 45.288,
if the circuit court determines that a certified interpreter is
not available and that the person designated by the district
attorney is a qualified interpreter as defined in ORS 45.288. An
interpreter designated under this subsection may be present in
the grand jury room and attend the sittings of the grand jury.
(4) No person other than members of the grand jury shall be
present when the grand jury is deliberating or voting upon a
matter before it.
(5) As used in this section, 'mental retardation' has the
meaning given that term in ORS 427.005. Mental retardation may be
shown by attaching to the motion of the district attorney:
(a) Documentary evidence of intellectual functioning; or
(b) The affidavit of a qualified person familiar with the
person with mental retardation. 'Qualified person' includes, but
is not limited to, a teacher, therapist or physician.
SECTION 10. { + The Legislative Assembly finds that:
(1) Grand juries originally were created and have existed for
centuries as a check against potential abuse of the government's
power to charge individuals with crimes.
(2) Grand jury proceedings are kept secret to help protect
witnesses, victims and grand jurors against retaliation and
innocent persons against wrongful accusations of crime.
(3) As authorized by law and as guided by the policies of law
enforcement agencies, police officers may cause the death of a
person by the use of deadly physical force.
(4) The use of deadly physical force by a police officer that
results in the death of a person requires a level of public
scrutiny that uniquely justifies limited intrusions into the
secrecy historically accorded grand jury proceedings. + }
SECTION 11. { + Section 12 of this 2007 Act is added to and
made a part of ORS 132.310 to 132.390. + }
SECTION 12. { + (1) As used in this section:
(a) 'Certified shorthand reporter' has the meaning given that
term in ORS 8.415.
(b) 'Involved officer' has the meaning given that term in
section 5 of this 2007 Act.
(c) 'Police officer' has the meaning given that term in section
1 of this 2007 Act.
(2) A proceeding before a grand jury must be on the record and
recorded by a certified shorthand reporter as provided in this
subsection if the proceeding has been convened to examine the use
of deadly physical force by a police officer that resulted in the
death of a person. When a proceeding is required to be on the
record under this subsection, the district attorney shall ensure
that a certified shorthand reporter attends the sittings of the
grand jury to take and report the questioning and testimony of
all witnesses. The certified shorthand reporter may not record
any information that reveals the identity of a grand juror. The
certified shorthand reporter may not be present during, or
record, the deliberations of the grand jury.
(3) Unless the certified shorthand reporter can show good cause
why the time should be extended, no later than seven days after a
grand jury in a proceeding required to be on the record under
subsection (2) of this section determines that no criminal
charges should be returned or returns an indictment indorsed 'not
a true bill,' the certified shorthand reporter shall provide a
certified transcript of the report to the district attorney of
the county in which the incident occurred.
(4)(a) No later than five days after receiving the transcript
from the certified shorthand reporter, the district attorney
shall send notice of the following to all witnesses who appeared
before the grand jury:
(A) The witness's right to file a petition under subsection (6)
of this section;
(B) The time period within which the petition must be filed;
and
(C) The witness's right to review the transcript and submit
objections to the accuracy of the transcript as provided in
paragraph (b) of this subsection.
(b) No later than seven days after the district attorney sends
the notice required by paragraph (a) of this subsection, a
witness may:
(A) Review, under the supervision of the district attorney, the
portion of the grand jury transcript in which the witness's
testimony is transcribed; and
(B) Submit an objection to the accuracy of the transcription of
the witness's testimony. A witness submitting an objection under
this subparagraph shall attach the objection to the transcript.
(c) No earlier than eight days after sending the notice
required by paragraph (a) of this subsection, the district
attorney shall provide a copy of the complete transcript to each
involved officer in the incident and to the law enforcement
agency that employs each involved officer.
(5) The Department of Justice shall pay the costs of the
recording and the transcripts required by subsections (2) and (3)
of this section.
(6)(a) No later than 14 days after the district attorney sends
the notice required by subsection (4)(a) of this section, the
district attorney, an involved officer, the law enforcement
agency employing the involved officer or any witness who appeared
before the grand jury may petition the circuit court for a
judgment sealing all or part of the transcript or delaying the
public release of all or part of the transcript. The petition
must be served on the district attorney, the involved officer and
the law enforcement agency employing the involved officer. The
petition must be supported by an affidavit showing why the public
interest in disclosure is outweighed by one of the factors listed
in subsection (7)(b) of this section.
(b) If no petition is timely filed, the district attorney shall
make the transcript available to any person upon request and
payment of copying fees set under ORS 192.440.
(7)(a) No later than seven days after service under subsection
(6)(a) of this section, the district attorney, an involved
officer or the law enforcement agency that employs the involved
officer may file an objection to the petition. If no objection is
timely filed, the court may rule without a hearing on the
petition. If an objection is timely filed, the court shall hold a
hearing on the petition no later than seven days after the time
for filing objections has expired.
(b) The court shall deny the petition unless the court finds
that the public interest in disclosure is outweighed by:
(A) The impairment of the proceeding or prosecution of any
criminal matter related to the proceeding;
(B) The probable prejudice to the right of a witness who
appeared before the grand jury or of an involved officer to a
fair trial; or
(C) The privacy right of a witness who appeared before the
grand jury.
(8) When the court determines that all or part of the
transcript should be sealed or that disclosure of all or part of
the transcript should be delayed, the court shall enter a
judgment sealing the transcript or portions of the transcript or
delaying the public release of the transcript or portions of the
transcript.
(9) A judgment sealing or delaying release of all or any
portion of a transcript based on subsection (7)(b)(B) or (C) of
this section has no further effect with respect to public release
of the transcript after a witness whose testimony is subject to
the judgment:
(a) Files a civil action against an involved officer or the law
enforcement agency employing the involved officer; or
(b) Gives testimony, including depositions, in a civil or
criminal action arising out of the incident in which deadly
physical force was used.
(10) The testimony of a police officer who is the subject of an
investigation of the use of deadly physical force and who is
called as a witness before a grand jury in a proceeding required
to be on the record under subsection (2) of this section is not
admissible evidence in a civil proceeding except:
(a) When the testimony before the grand jury is compelled under
ORS 136.617; or
(b) When the testimony before the grand jury is offered as a
prior inconsistent statement to impeach the witness.
(11) This section does not create a cause of action.
(12) The failure of a certified shorthand reporter to record
all of the grand jury proceeding required to be recorded under
subsection (2) of this section does not affect the validity of
any indictment or prosecution that arises from the
proceeding. + }
SECTION 13. ORS 146.135 is amended to read:
146.135. (1) The district attorney for the county where the
death occurs may order an inquest to obtain a jury finding of the
cause and manner of death in any case requiring investigation.
{ + (2) The district attorney may not order an inquest under
this section concerning a death that resulted from a police
officer's use of, or order to use, deadly physical force until
after the district attorney has determined that the police
officer did not commit a crime or a grand jury has received
testimony concerning the incident and has declined to indict the
police officer. As used in this subsection, 'police officer' has
the meaning given that term in section 1 of this 2007 Act. + }
{ - (2) - } { + (3) + } For the purpose of conducting an
inquest, the district attorney shall have the powers of a
judicial officer as described by ORS 1.240 and 1.250.
{ - (3) - } { + (4) + } The district attorney shall advise
the jury of inquest as to its duties and instruct the jury on
questions of law.
{ - (4) - } { + (5) + } The district attorney shall cause a
record of the inquest proceedings to be made which shall include
the written order of inquest, a record of the testimony of
witnesses and the written verdict of the jury.
{ - (5) - } { + (6) + } Within a reasonable time after the
verdict is returned, the record of inquest shall be filed in the
district medical examiner's office for the county where the
inquest was held.
{ - (6) - } { + (7) + } A copy of the order of inquest and
verdict of the jury shall be filed in the State Medical
Examiner's office.
{ - (7) - } { + (8) + } The record of inquest shall be
available for inspection as provided by ORS 146.035 (5).
SECTION 14. ORS 146.135, as amended by section 13 of this 2007
Act, is amended to read:
146.135. (1) The district attorney for the county where the
death occurs may order an inquest to obtain a jury finding of the
cause and manner of death in any case requiring investigation.
(2) The district attorney may not order an inquest under this
section concerning a death that resulted from a police officer's
use of, or order to use, deadly physical force { - until after
the district attorney has determined that the police officer did
not commit a crime or a grand jury has received testimony
concerning the incident and has declined to indict the police
officer - } . As used in this subsection, 'police officer' has
the meaning given that term in section 1 of this 2007 Act.
(3) For the purpose of conducting an inquest, the district
attorney shall have the powers of a judicial officer as described
by ORS 1.240 and 1.250.
(4) The district attorney shall advise the jury of inquest as
to its duties and instruct the jury on questions of law.
(5) The district attorney shall cause a record of the inquest
proceedings to be made which shall include the written order of
inquest, a record of the testimony of witnesses and the written
verdict of the jury.
(6) Within a reasonable time after the verdict is returned, the
record of inquest shall be filed in the district medical
examiner's office for the county where the inquest was held.
(7) A copy of the order of inquest and verdict of the jury
shall be filed in the State Medical Examiner's office.
(8) The record of inquest shall be available for inspection as
provided by ORS 146.035 (5).
SECTION 15. 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 16. { + (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 17. { + A law enforcement agency shall adopt the
policy required by section 5 (2) of this 2007 Act no later than
July 1, 2008. + }
SECTION 18. { + (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 19. ORS 132.430 is amended to read:
132.430. (1) When a person has been held to answer a criminal
charge and the indictment in relation thereto is not found 'a
true bill,' it must be indorsed 'not a true bill,' which
indorsement must be signed by the foreman and filed with the
clerk of the court, in whose office it shall remain a public
record. { + Except for the recording and transcript required
by section 12 of this 2007 Act, + } in the case of an indictment
not found 'a true bill' against a person not so held, the same,
together with the minutes of the evidence in relation thereto,
must be destroyed by the grand jury.
(2) When an indictment indorsed 'not a true bill' has been
filed with the clerk of the court, the effect thereof is to
dismiss the charge; and the same cannot be again submitted to or
inquired of by the grand jury unless the court so orders.
SECTION 20. { + 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 21. { + There is appropriated to the Department of
Justice, for the biennium beginning July 1, 2007, out of the
General Fund, the amount of $300,000 for the purpose of carrying
out the provisions of sections 4 and 12 (5) of this 2007 Act. + }
SECTION 22. 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 23. { + 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 24. { + (1) Sections 4, 10 to 12 and 20 of this 2007
Act and the amendments to ORS 132.090, 132.430, 181.640 and
181.662 by sections 9, 15, 19 and 22 of this 2007 Act become
operative on July 1, 2008.
(2) The amendments to ORS 146.135 by section 14 of this 2007
Act become operative on July 1, 2009. + }
SECTION 25. { + (1) 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.
(2) Section 12 of this 2007 Act applies to incidents occurring
on or after July 1, 2008. + }
SECTION 26. { + 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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