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 2585
House Bill 3071
Sponsored by Representatives BARKER, THATCHER; Representatives
BERGER, BEYER, BRUUN, CLEM, C EDWARDS, D EDWARDS, ESQUIVEL,
FREEMAN, GILLIAM, HUFFMAN, KRIEGER, SCHAUFLER, G SMITH,
THOMPSON, WEIDNER, WHISNANT, WITT, Senators BOQUIST, FERRIOLI,
GEORGE, MONROE, WHITSETT (at the request of Service Employees
International Union)
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.
Requires State Board of Higher Education to authorize each
institution under its control to commission special campus
security officers.
Grants special campus security officers powers and authority of
peace officers.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public safety officers at state institutions of
higher education; amending ORS 133.005, 181.610, 181.655,
352.360 and 352.385; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 352.385 is amended to read:
352.385. (1) The State Board of Higher Education may, at the
request of { - any - } { + an + } institution under its
control, authorize
{ - that - } { + the + } institution to commission one or
more of its employees as special campus security officers. { +
+ } { - However, the total number of special campus security
officers commissioned at the institutions in the Oregon
University System shall not exceed 50. Special campus security
officers shall have stop and frisk authority as set forth in ORS
131.605 to 131.625 and probable cause arrest authority and the
accompanying immunities as set forth in ORS 133.310 and 133.315
when acting in the scope of their employment as defined by the
State Board of Higher Education. Special campus security officers
shall not be authorized to carry firearms as police officers and,
except as provided in subsection (3) of this section, shall not
be considered police officers for purposes of ORS 181.610,
238.005, 243.005 or 243.736. - } { + Special campus security
officers commissioned under this section are public safety
personnel as defined in ORS 181.610 and enforcement officers as
defined in ORS 153.005 and have all the powers and authority
given by statute to peace officers of this state. + }
{ - (2) The Department of Public Safety Standards and
Training shall train special campus security officers at the
expense of the State Board of Higher Education. - }
{ + (2) A special campus security officer commissioned under
subsection (1) of this section shall complete training necessary
for certification as a public safety officer at the academy
operated or authorized by the Department of Public Safety
Standards and Training. This subsection does not apply to public
safety officers who are certified under ORS 181.660 (2). + }
(3) The State Board of Higher Education, acting by and through
its special campus security officers, is a criminal justice
agency for purposes of rules adopted pursuant to ORS 181.730 (3).
SECTION 2. ORS 352.360 is amended to read:
352.360. (1) The State Board of Higher Education may
{ - enact such regulations as it shall deem - } { + adopt
rules that the board deems + } convenient or necessary to provide
for the policing, control and regulation of traffic and parking
of vehicles on the property of { - any - } { + an + }
institution under { - the jurisdiction of the board - } { +
its control + }. { - Such regulations - } { + The rules + }
may provide for the registration of vehicles, the designation of
parking areas, and the assessment and collection of reasonable
fees and charges for parking { - , and shall - } { + . Rules
adopted under this section must + } be filed in accordance with
{ - the provisions of - } ORS chapter 183. The board may
require that before a quarterly or yearly parking privilege for
any vehicle is granted to any full-time or part-time student to
use board property, the student must show that the vehicle is
operated by a student holding a valid { - driver's - } { +
driver + } license, that the vehicle is currently registered and
that the student driving the vehicle is insured under a motor
vehicle liability insurance policy that meets the requirements
described under ORS 806.080 or that the student or owner of the
vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial
responsibility requirements of this state.
(2) { - The regulations enacted pursuant to - } { + Rules
adopted under + } subsection (1) of this section shall be
enforced administratively under procedures adopted by the board
for each institution under its { - jurisdiction - } { +
control + }. Administrative and disciplinary sanctions may be
imposed upon students, faculty and staff for violation of the
{ - regulations - } { + rules + }, including { - but not
limited to - } , { + without limitation, + } a reasonable
monetary penalty { - which - } { + that + } may be deducted
from student deposits, and faculty or staff salaries or other
funds in the possession of the institution. The board shall
provide opportunity for hearing for the determination of
controversies in connection with imposition of fines or
penalties. { - The board may prescribe procedures for such
hearings despite the provisions of - } { + Notwithstanding + }
ORS 183.413 to 183.470 { + , the board may prescribe procedures
for hearings under this subsection + }. Persons other than
students, faculty or staff may voluntarily submit to the hearing
procedures prescribed by the board { - , - } and shall be bound
by the results { - thereof - } { + of the hearing + }. The
powers granted to the board by this section are supplemental to
the existing powers of the board with respect to the government
of activities of students, faculty and staff and the control and
management of { - property under its jurisdiction - } { +
each institution under its control + }.
(3) { - The regulations enacted pursuant to - } { + Rules
adopted under + } subsection (1) of this section may also be
enforced by the impoundment of vehicles { + . + } { - , and - }
A reasonable fee may be { - enacted - } { + established + }
for the cost of impoundment and storage, if any, prior to the
release of the vehicles to their owners.
(4) All fees and charges for parking privileges and violations
are { - hereby - } continuously appropriated to the State
Board of Higher Education to be used to defray the costs of
constructing bicycle racks and bicycle lanes and of traffic
control, enforcement of traffic and parking { - regulations - }
{ + rules + }, and maintenance and operation of parking
facilities and for the purpose of acquiring and constructing
additional parking facilities for vehicles at the various
institutions, departments or activities under the control of the
board, and may also be credited to the Higher Education Bond
Sinking Fund provided for in ORS 351.460. Parking fees shall be
established at levels no greater than those required to finance
the construction, operation and maintenance of parking facilities
on the same campus of the state institution of higher education
on which the parking is provided. Notwithstanding ORS 351.072,
parking fees or changes in fees shall be adopted by rule of the
state board subject to the procedure for rules adopted in ORS
chapter 183.
(5) { - Every peace officer - } { + Special campus security
officers commissioned under ORS 352.385 + } may enforce the
{ - regulations made - } { + rules adopted + } by the board
under subsection (1) of this section.
{ - The board, for the purpose of enforcing its rules and
regulations governing traffic control, may appoint peace officers
who shall have the same authority as other peace officers as
defined in ORS 133.005. - }
(6) The State Board of Higher Education and any municipal
corporation or any department, agency or political subdivision of
this state may enter into agreements or contracts with each other
for the purpose of providing a uniform system of enforcement of
the rules { - and regulations - } of the board { - enacted
pursuant to - } { + adopted under + } subsection (1) of this
section.
(7) In proceedings brought to enforce { - regulations enacted
pursuant to - } { + the rules adopted under + } subsection (1)
of this section, it { - shall be - } { + is + } sufficient to
charge the defendant by an unsworn written notice in accordance
with the provisions of ORS 221.333. In any case in which the
defendant is not subject to and does not voluntarily submit to
the hearing procedures prescribed under subsection (2) of this
section, proceedings to enforce
{ - regulations enacted pursuant to - } { + the rules adopted
under + } subsection (1) of this section shall be brought in the
name of the board in a circuit court, a justice court or a city
court for offenses committed within the territorial jurisdiction
of such court. Such courts shall have concurrent jurisdiction
over offenses committed within their respective jurisdictions.
All fines, penalties and court costs recovered shall be paid to
the clerk of the court involved and shall be disposed of as
provided in ORS 153.630.
SECTION 3. ORS 133.005 is amended to read:
133.005. As used in ORS { - 131.655 and - } 133.005 to
133.381 and 133.410 to 133.450, unless the context requires
otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency { - and - } who is
empowered to effect an arrest with or without a warrant for
violations of the United States Code and who is authorized to
carry firearms in the performance of duty.
(3) 'Peace officer' means { + :
(a) + } A member of the Oregon State Police { - or - } { + ;
(b) + } A sheriff, constable, marshal { - , - } { + or + }
municipal police officer { - , - } { + ;
(c) An + } investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state { - , or - } { + ;
(d) + } An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon { + ; or
(e) A special campus security officer employed by the Oregon
University System under ORS 352.385 + }.
SECTION 4. ORS 181.610 is amended to read:
181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer or certified
reserve officer and acting under the supervision and
responsibility of a county sheriff or as otherwise provided by
law.
(5) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full-time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
(6) 'Department' means the Department of Public Safety
Standards and Training.
(7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
(8) 'Domestic violence' means abuse between family or household
members.
(9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
(10) 'Family or household members' has the meaning given that
term in ORS 107.705.
(11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
include forest fire protection agency personnel.
(12)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian
reservation, Criminal Justice Division of the Department of
Justice, the Department of Corrections, the Oregon State Lottery
Commission or common carrier railroad whose primary duty, as
prescribed by law, ordinance or directive, is any one or more of
the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation.
(b) 'Law enforcement unit' also means:
(A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
whose employees are commissioned by a county sheriff; and
(B) A district attorney's office.
(13) 'Parole and probation officer' means:
(a) Any officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
(A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(B) Investigating adult offenders on parole or probation or
being considered for parole or probation.
(b) Any officer who:
(A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
(B) Is employed part-time by the Department of Corrections, a
county or a court; and
(C) Is charged with and performs the duty of:
(i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
(ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
(14) 'Police officer' means an officer, member or employee of a
law enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, Indian
reservation, { + the Oregon University System, + } the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the
Department of State Police and who is responsible for enforcing
the criminal laws of this state or laws or ordinances relating to
airport security or is an investigator of a district attorney's
office if the investigator is or has been certified as a peace
officer in this or any other state.
(15) 'Public or private safety agency' means any unit of state
or local government, a special purpose district or a private firm
which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(16) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.
(17) 'Reserve officer' means an officer or member of a law
enforcement unit:
(a) Who is a volunteer or who is employed less than full-time
as a peace officer commissioned by a city, port, school district,
mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian
reservation, { + the Oregon University System, + } the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or who is a member of the
Department of State Police;
(b) Who is armed with a firearm; and
(c) Who is responsible for enforcing the criminal laws and
traffic laws of this state or laws or ordinances relating to
airport security.
(18) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 401.710.
(19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
SECTION 5. ORS 181.655 is amended to read:
181.655. (1) The Department of Public Safety Standards and
Training, in consultation with the Board on Public Safety
Standards and Training, shall provide a reimbursement program
to { + :
(a) + } Local law enforcement units { - which - } { +
that + } send police officers or corrections officers to the
training academy operated or authorized by the Department { + of
Public Safety Standards and Training + }.
{ + (b) The Department of Higher Education for sending public
safety officers to the training academy operated or authorized by
the Department of Public Safety Standards and Training.
(2) + } { - Such - } { + The + } reimbursement { - shall
be - } { + is + } to defray the cost of salaries and other
expenses incurred during the training of the officers.
{ - (2) - } { + (3) + } { - Such - } { + The + }
reimbursement program { - shall - } { + must + } be supported
entirely out of funds maintained in the Police Standards and
Training Account after administrative and operational expenses of
the board and { + the + } Department { + of Public Safety
Standards and Training + } can be met from existing revenues.
{ - (3) - } { + (4) + } Reimbursement programs
{ - shall - } { + do + } not apply to nongovernmental
organizations.
{ - (4) - } { + (5) + } Pursuant to ORS chapter 183, the
Department { + of Public Safety Standards and Training + }, in
consultation with the board, shall adopt rules necessary to carry
out the provisions of this section.
{ - (5) - } { + (6) + } Notwithstanding the provisions of
subsection (1) of this section, a common carrier railroad law
enforcement unit shall not be entitled to receive reimbursement
of any kind from the Department { + of Public Safety Standards
and Training + }.
SECTION 6. { + 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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