74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to B-Eng. SB 111
LC 1007-1/SB 111-B6
HOUSE AMENDMENTS TO
B-ENGROSSED SENATE BILL 111
By JOINT COMMITTEE ON WAYS AND MEANS
June 27
On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
delete the rest of the line and delete line 3 and insert '
181.640 and 181.662; appropriating money; and declaring an
emergency.'.
Delete lines 5 through 20 and delete pages 2 through 13 and
insert:
' { + 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.
' (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. + } ' .
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