75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1560
 
                         House Bill 2322
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon Criminal Defense Lawyers Association)
 
 
                             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 as
introduced.
 
  Creates Task Force on Eyewitness Identification to study
collection and handling of eyewitness identification evidence in
criminal investigations.
  Sunsets task force on date of convening of next regular
biennial legislative session.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to eyewitness identification; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is created the Task Force on
Eyewitness Identification that consists of seven members as
follows:
  (a) The Attorney General or a designee;
  (b) The Director of the Department of Public Safety Standards
and Training or a designee; and
  (c) Five members appointed by the Attorney General as follows:
  (A) One district attorney;
  (B) One criminal defense attorney;
  (C) One representative from the Department of State Police;
  (D) One representative from a local law enforcement agency; and
  (E) One psychologist who is an expert in the psychology of
eyewitness identification.
  (2) The purpose of the task force is to study and develop
guidelines for policies, procedures and training relating to the
collection and handling of eyewitness evidence in criminal
investigations by law enforcement and other persons involved in
the criminal justice system.
  (3) The task force shall study and determine the best statewide
practices and procedures for law enforcement use of eyewitness
identification, including but not limited to how eyewitness
identifications are collected, how victims of crime and witnesses
to crime are interviewed and how law enforcement techniques for
eyewitness identification should be administered.
  (4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the members of the task force.
  (6) The task force shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
  (9) The task force may adopt rules necessary for the operation
of the task force.
  (10) The task force shall submit a report on its study, and may
include recommendations for legislation, to the Governor, the
Chief Justice of the Supreme Court and an interim committee
related to the judiciary no later than October 1, 2010.
  (11) The Department of Justice shall provide staff support to
the task force.
  (12) All appointments to the task force made under subsection
(1) of this section must be completed by the later of 60 days
after adjournment sine die of the regular session of the
Seventy-fifth Legislative Assembly or September 1, 2009.
  (13) Members of the task force are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses shall be paid out of funds
appropriated to the Department of Justice for that purpose.
  (14) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force 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 task force consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2009 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
  SECTION 3.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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